This chapter shall be known as the "Village of Florida Outdoor Furnace
Local Law."
Although outdoor furnaces may provide an economical alternative to conventional
heating systems, concerns have been raised regarding the safety and environmental
impacts of these heating devices, particularly the production of offensive
odors and potential health effects of uncontrolled emissions. This chapter
is intended to ensure that outdoor furnaces are utilized in a manner that
does not create a nuisance and is not detrimental to the health, safety and
general welfare of the residents of the Village.
As used in this chapter, the following terms shall have the meanings
indicated:
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves,
needles, vines or brush smaller than three inches in diameter.
OUTDOOR FURNACE
Any equipment, device or apparatus, or any part thereof, which is
installed, affixed or situated outdoors for the primary purpose of combustion
of fuel to produce heat or energy used as a component of a heating system
providing heat for any interior space.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not been treated
or combined with any petroleum product, chemical, preservative, glue, adhesive,
stain, paint or other substance.
No person shall cause, allow or maintain the use of an outdoor furnace
within the Village of Florida without first having a permit from the Village
Building Inspector. Application for permit shall be made to the Building Inspector
on the forms provided.
Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Village Building Inspector within one year of such effective date; provided, however, that upon the effective date of this chapter all the provisions hereof, except §
68-6B,
C and
D, shall immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces which receive permits except §
68-6B,
C and
D. If the owner of an existing outdoor furnace does not receive a permit within one year of the effective date of this chapter, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on the site in operating condition.
Where the Village Board, upon consultation with the Village's Building
Inspector, finds that extraordinary and unnecessary hardships may result from
strict compliance with this chapter, it may vary the regulations so that substantial
justice may be done and the public interest secured, provided that such variations
will not have the effect of nullifying the intent and purpose of this chapter
or of jeopardizing the health, safety or welfare of the public. In varying
any regulations, the Village Board may impose such conditions and requirements
as it deems reasonable and prudent. The Village Board may, at its discretion,
hold a public hearing as part of its review. If the Village Board grants the
waiver, a permit shall be issued for the outdoor furnace. If the Village Board
denies the waiver, the outdoor furnace must either be brought into compliance
with this chapter or removed. If the Village Board does not take any action
with respect to the waiver within 60 days from its receipt of an application
for waiver, the waiver shall be deemed denied.
Failure to comply with any of the provisions of this chapter shall be
a violation and, upon conviction thereof, shall be punishable by a fine of
not more than $350 or imprisonment for a period of not more than six months,
or both, for the first offense. Any subsequent offense within a period of
five years shall be punishable by a fine of not less than $350 nor more than
$750 or imprisonment for a period of not more than six months, or both. In
addition, any permit issued pursuant to this chapter shall be revoked upon
conviction of a second offense, and the subject outdoor furnace shall not
be eligible for another permit. Each week that a violation occurs shall constitute
a separate offense. The owners of premises upon which prohibited acts occur
shall be jointly and severally liable for violations of this chapter. Any
fine imposed hereunder shall constitute a lien upon the real property where
the outdoor furnace is located until paid.
Nothing contained herein shall authorize or allow burning which is prohibited
by codes, laws, rules or regulations promulgated by the United States Environmental
Protection Agency, New York State Department of Environmental Conservation
or any other federal, state, regional or local agency. Outdoor furnaces, and
any electrical, plumbing or other apparatus or device used in connection with
an outdoor furnace, shall be installed, operated and maintained in conformity
with the manufacturer's specifications and any and all local state and federal
codes, laws, rules and regulations. In case of a conflict between any provision
of this chapter and any applicable federal, state, or local ordinances, codes,
laws, rules or regulations, the more restrictive or stringent provision or
requirement shall prevail. Outdoor furnaces must conform to all other applicable
regulations of the Village's Zoning Law and the New York State Uniform Fire
Protection and Building Code.