Chapter 75
FURNACES, OUTDOOR
§ 75-1. Authority.
§ 75-2. Purpose.
§ 75-3. Definitions.
§ 75-4. Permit required.
§ 75-5. General requirements applicable to older-model outdoor funaces.
§ 75-6. General requirements applicable to newer-model outdoor furnaces.
§ 75-7. Existing outdoor furnaces/wood boilers.
§ 75-8. Conditions requiring removal.
§ 75-9. Entry on premises.
§ 75-10. Agriculture exemption.
§ 75-11. Coordination with zoning.
§ 75-12. Penalties for offenses.
§ 75-13. Removal by Town; recovery of costs.
[HISTORY: Adopted by the Town Board of the Town of Brutus 8-10-2009 by L.L. No. 2-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction-See Ch. 65.
Zoning-See Ch. 125.
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§ 75-1 BRUTUS CODE § 75-3
§ 75-1. Authority.
This chapter is enacted under the authority granted pursuant to the General Municipal Law, Home Rule Law, and Town Law of the State of New York.
§ 75-2. Purpose.
The purpose of this chapter is to regulate the placement and operation of outdoor furnaces within the Town of Brutus. While outdoor furnaces/wood boilers are advertised as an economical alternative to conventional heating systems, the New York Attorney General's Office and the Department of Environmental Conservation found that outdoor furnaces that are not located and operated properly can deprive neighboring residents of enjoyment of their property and/or normal use of their premises. This chpater will impose reasonable limits and performance standards on these outdoor units so that such devices do not endanger the health, safety, comfort and general welfare of the residents and inhabitants of the Town of Brutus.
§ 75-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
NEWER-MODEL OUTDOOR FURNACE- Outdoor furnaces that produce emissions at the level defined by US EPA as Phase 2 or later levels.
OLDER-MODEL OUTDOOR FURNACE- Outdoor furnaces that produce emissions at the level defined by US EPA as Phase 1 or early levels.
OUTDOOR FURNACE/WOOD BOILER- Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated separate from an occupied residence or structure for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat and/or hot water for any space.
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§ 75-3 FURNACES, OUTDOOR § 75-5
Exempted from this definition are natural gas or propane swimming pool heaters, units specifically designed and manufactured for use of commercial fuels such as pellets, corn and washed hard coal "only."
SEASONED FIREWOOD- Trunks and branches of trees and bushes that have been cut and dried for at least one year, but does not include leaves, needles, vines or brush smaller than three inches in diameter.
TOWN- The Town Board of the Town of Brutus.
UNTREATED LUMBER- Dry wood which has been milled and dried but which has not been treated or combined or covered with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other related substance.
§ 75-4. Permit required.
Following the enactment of this chapter, no person shall install and commence operation of an outdoor furnace/wood boiler within the Town of Brutus without first having obtained a permit from the Code Enforcement Officer. Application for a permit shall be made to the Code Enforcement Officer on forms provided and available at the Municipal Clerk's office. Permit fees shall be established by resolution of the Town Board.
§ 75-5. General requirements applicable to older-model outdoor furnaces.
A. Permitted locations. Older-model outdoor furnaces/wood boilers shall be permitted only in the designated (A-R) Agricultural-Residential , (C-I) Commercial/Light Industrial, (I) Industrial and (S-D) Special Development Zoning Districts as shown on the Zoning Maps of the Town of Brutus.
B. Minimum lot setbacks. The installed older-model outdoor furnace/wood boiler must meet a minimum setback of 25 feet from the nearest side and back property line. The unit
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§ 75-5 BRUTUS CODE § 75-5
shall be located at least 100 feet from any occupied structure that is not served by the outdoor furnace. Front yard placement is not permitted.
C. Permitted fuel. Only seasoned firewood and untreated lumber are permitted to be burned in any older-model outdoor furnace/wood boiler. Burning of any and all other materials, including, without limitation, rubbish, garbage, paint, furniture, composite shingles, construction debris, waste oil, products containing asphalt, treated, painted or stained wood, plywood, composite wood products, plastics, synthetic fabrics, foam, rubber including tires, newspaper, corrugated cardboard, office paper and container board, in an outdoor furnace/wood boiler is strictly prohibited.
D. Installation instuctions. Installation of older-model outdoor furnaces/wood boilers must meet all New York State and regional fire and safety codes. Installation must be in accordance to manufacturer's instructions, except where this chapter specifies a more restrictive requirement.
E. Spark arrestors. All older-model outdoor furnaces/wood boilers shall be equipped with properly functioning spark arrestors or be in conformity with specifications with regard to the release of sparks.
F. Smokestack height. All older-model outdoor furnaces/wood boilers installed following the enactment of this chapter shall have a chimney that extendsF. at least two feet above any residence not served by the furnace that is located within 300 feet of the furnace.
G. Any older-model outdoor furnace/wood boiler installed with a valid permit shall not be required to be modified as a result of any new construction or changes to the vicinity of the unit.
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§ 75-6 FURNACES, OUTDOOR § 75-6
§ 75-6. General requirements applicable to newer-model outdoor furnaces.
A. Permitted locations. Newer-model outdoor furnaces/wood boilers shall be permitted in any zoning district of the Town of Brutus.
B. Minimum lot setbacks. The installed unit must meet a minimum setback from the nearest side and back property line and front yard placement standards as applicable, by the Town of Brutus Zoning Lawą, to all accessory structures in the Town of Brutus.
C. Permitted fuel. Only seasoned firewood and untreated lumber are permitted to be burned in any newer-model outdoor furnace/wood boiler. Burning of any and all other materials, including, without limitation, rubbish, garbage, paint, furniture, composite shingles, construction debris, waste oil, products containing asphalt, treated, painted or stained wood, plywood, composite wood products, plastics, synthetic fabrics, foam, rubber including tires, newspaper, corrugated cardboard, office paper and container board, in an outdoor furnace/wood boiler is strictly prohibited.
D. Installation instructions. Installation of newer-model outdoor furnaces/wood boilers must meet all New York State and regional fire and safety codes. Installation must be in accordance to manufacturer's instructions, except where this chapter specifies a more restrictive requirement.
E. Any newer-model outdoor furnace/wood boiler installed with a valid permit shall not be required to be modified as a result of any new construction or changes to the vicinity of the unit.
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Editor's Note: See Ch. 125, Zoning.
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§ 75-7 BRUTUS CODE § 75-9
§ 75-7. Existing outdoor furnaces/wood boilers.
Any outdoor furnace/wood boiler in existence prior to the enactment of this chapter shall be permitted to remain provided that the owner complies with § 75-5C and E.
§ 75-8. Conditions requiring removal.
An outdoor furnace/wood boiler shall be removed at the owner's expense if determined that any of the following conditions occur:
A. Emissions from the outdoor furnace/wood boiler contain pollutants, air contaminates or particulates, or exhibit opacity in excess of those levels permitted by Chapter 111 of the regulations of the New York State Department of Environmental Conservation (6 NYCRR parts 200-317) for satisfactory
combustion devices.
B. The by-products of burning wood in the unit such as ash or wood remnants are being disposed of in a manner that is creating a nuisance, adversely impacting groundwater supplies or wetland resources, and is not in compliance with all applicable laws.
§ 75-9. Entry on premises.
Any resident who has secured a permit to install an outdoor furnace/wood boiler and/or has a unit in existence prior to the enactment of this chapter will also be required to allow the Code Enforcement Officer or any other person designated by the Town to enter upon any and all real property on which there is located an outdoor funace/wood boiler, for the purpose of enforcing the provisions of this chapter, for inspection, and/or in response to a complaint made regarding the outdoor furnace/wood boiler.
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§ 75-10 FURNACES, OUTDOOR § 75-13
§ 75-10. Agriculture exemption.
The provisions of this chapter shall not apply to outdoor furnaces/wood boilers that are verified necessary to success of farm operations within the Town of Brutus. The provisions are not to unreasonably restrict farm operations.
§ 75-11. Coordination with zoning.
An outdoor furnace/wood boiler is permitted as an accessory structure/use under the Town of Brutus Zoning Law˛ and shall comply with any provisions of the Zoning Law not in conflict with provisions of this chapter. Should any zoning provision applicable to an accessory structure/use conflict with any provisions of this chapter, the provisions of this chapter shall be applicable.
§ 75-12. Penalties for offenses.
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 and/or imprisonment for a period of not more than 30 days, or both, for the first offense. Any subsequent offense shall be punishable by not more than twice that imposed by the court for the first offense. Each day that a violation occurs/exists shall constitute a new and separate offense. The owner(s) of the premises (recorded on tax maps) upon which prohibited acts/violations occur shall be jointly and severally liable. Any fine imposed shall constitute a lien upon the real property where the outdoor furnace/wood boiler is located until paid.
§ 75-13. Removal by Town; recovery of costs.
If the provisions of this chapter require the removal of an outdoor furnace/wood boiler, and the unit is not removed within 60 days of the event that requires removal, the Code
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Editor's Note: See Ch. 125, Zoning.
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§ 75-13 BRUTUS CODE § 75-13
Enforcement Officer must take reasonable steps to effect the removal of the identified unit. The costs incurred by the Town to effect said removal (including any attorney's fees and administrative costs incurred by the Town to effect the removal) shall be charged to the owner of the property so affected within 30 days from the date said costs are forwarded to the owner identified in the latest tax roll by registered mail to the address where tax bills are sent. If said expense is not paid within said thirty-day time frame, then said expense, including applicable penalties outlined for delinquent taxes, shall be charged to the property so affected by, including such expenses in the next annual Town of Brutus tax levy against the property. An outdoor furnace/wood boiler that has been out of service for three seasons will be inspected by the Code Enforcement Officer to ensure that the unit is operating properly.
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