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 Town.
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 healing 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 Town of Queensbury without first having obtained a permit from
the Town Fire Marshal. Application for permit shall be made to the Fire Marshal
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 Town Fire Marshal within one year of such effective date; provided, however, that upon the effective date of this chapter all the provisions hereof, except §
119-6B,
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 §
119-6B,
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.
Where the Town Board of Health 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 Board of Health
may impose such conditions and requirements as it deems reasonable and prudent.
The Board of Health may, at its discretion, hold a public hearing as part
of its review. If the Board of Health grants the waiver, a permit shall be
issued for the outdoor furnace. If the Board of Health denies the waiver,
the outdoor furnace must either be brought into compliance with this chapter
or removed. If the Board of Health 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 $500 or imprisonment for a period of not more than 10 days,
or both, for the first offense. Any subsequent offense shall be punishable
by a fine of not more than $1,000 or imprisonment for a period of not more
than 30 days, 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 day 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,
Adirondack Park Agency, Lake George Park Commission 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.