[HISTORY: Adopted by the Town Board of the Town of Concord 12-10-2009 by L.L. No. 4-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 72.
This chapter shall be known as Local Law No. 4 of the Year 2009
entitled "outdoor furnace Law of the Town of Concord."
The purpose of this chapter is to amend the Code of the Town
of Concord to add a new law regulating the installation, operation
and maintenance of outdoor furnaces within the Town of Concord. Although
outdoor furnaces may provide an economical alternative to conventional
heating systems, concerns have been raised concerning the safety and
environmental impacts of these devices, particularly the production
of offensive odors and potential health effects of uncontrolled emissions.
This chapter is intended to insure 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:
When used with "outdoor furnace" means that the outdoor furnace
is already in place on the site at the time when this chapter shall
take effect.
Dry seasoned trunks and branches of trees and bushes, but
does not include leaves, needles, vines, or brush smaller than one
inch in diameter.
Any equipment, device or apparatus, or any part thereof including
a shelter or enclosure, 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 or hot water.
Shall include, but are not limited to, rubbish, garbage,
paint, composite shingles, 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, container board, railroad ties,
oil products, and by-products, and unseasoned firewood or any other
fuel not specified by the manufacturer.
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 Concord without first having obtained a permit from the Town of Concord except as specified in § 78-5 hereafter. Application for permit shall be made on the forms provided and include a site plan. The cost of a permit application shall be set forth on the fee schedule of the Town, as amended from time to time.[1] The Town shall have the right to inspect the installation
for safety and/or other code violations and to ensure the unit is
installed per manufacturer's recommendations.
[1]
Editor's Note: Said fee schedule is on file with the
Town Clerk/Code Enforcement Officer.
Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain in operation and shall not require a permit until such time as a valid written complaint (See § 78-8B) is received, reviewed, and determined to be a legitimate complaint by the Town Code Enforcement Officer (CEO). The outdoor furnace owner shall be advised of the complaint, supplied with operating recommendations, and directed to make adjustments as required to correct the problem. At that time, they will be issued a permit at no cost, provided the owner can prove that this was an existing furnace before the time when this chapter took effect. All of the provisions of this chapter shall apply to existing outdoor furnaces with the exception of § 78-6C and D below.
A.
Permitted fuel. Only firewood, untreated lumber and manufacturer-recommended
and governmentally approved fuels are permitted to be burned in an
outdoor furnace. Burning of any prohibited materials in an outdoor
furnace is unlawful.
B.
Permitted location. Outdoor furnaces shall be permitted only in that
portion of the Town of Concord lying outside of the Village of Springville.
C.
Minimum lot size. Outdoor furnaces shall be permitted only on lots
of 1 1/2 acres or more. Outdoor furnace permit applicants shall
be provided with a copy of this chapter.
D.
Setbacks. Outdoor furnaces shall be set back not less than 150 feet
from the nearest dwelling located off the lot serviced by that outdoor
furnace and not less than 50 feet from the property line.
E.
Minimum chimney height. The minimum chimney height on all outdoor
furnaces shall be a minimum of 15 feet above the outdoor furnace unless
otherwise specified by manufacturer's specifications.
A permit issued pursuant to this chapter may be reviewed, suspended, or revoked via the enforcement procedure of § 78-8 in effect to protect the public health, safety and welfare of the residents of the Town of Concord, if the Code Enforcement Officer observes and determines that any of the following conditions could have occurred or are occurring:
A.
Malodorous air contaminants from the outdoor furnace are detectable
outside the property of the person on whose lot the outdoor furnace
is located.
B.
The emissions from the outdoor furnace interfere with the reasonable
enjoyment of life or property.
C.
The emissions from the outdoor furnace are or may be harmful to human
or animal health.
D.
The emissions from the outdoor furnace cause damage to vegetation
or property.
E.
Violation of 6 NYCRR 277-1.3(b), Opacity. No person shall operate
a stationary combustion installation which exhibits greater than twenty-percent
opacity (six-minute average), except for one six-minute period per
hour of not more than twenty-seven-percent opacity.
The Code Enforcement Officer shall adhere to the following sequence
of procedures:
A.
Informal call to Town or observation by Town official: Town Code
Enforcement Officer (CEO) checks out area to see if valid problem
or a short-term aberration. Notifies property owner there could be
a possible problem and leaves a copy of this chapter.
B.
Formal written complaint: CEO checks out if complaint is valid by
observing complainant location relative to unit, proper fuel supply,
poor maintenance or other obvious signs of unacceptable performance
including photographic evidence. CEO informs property owner of formal
valid complaint, offers suggestions and reviews chapter.
C.
Second formal complaint within 12 months of first complaint: CEO
determines if valid and notifies property owner of second complaint,
informs property owner third complaint will result in suspension of
operation, inspects site for problems and recommends course of action.
Property owner must have service call by manufacturer's representative
and provide CEO with signed documentation. CEO inspects all corrective
actions.
D.
Third formal complaint within 12 months of first complaint: CEO determines
if valid and notifies property owner. CEO orders formal test [referenced
in 6 NYCRR 227-1.3(b)] and/or suspends operation. Necessary corrections
must be implemented and inspected before permit is reinstated.
E.
Fourth formal complaint within 12 months of first complaint: Operation
is suspended pending review by Town Board for permanent revocation.
If a stop operation is instituted, unit must be removed at owner's
expense within six months of revocation.
If a property owner is denied a permit because such owner cannot
comply with the requirements of this chapter with respect to the distance
requirements from the side lot line or from the nearest dwelling located
off the lot, such property owner may apply to the Zoning Board of
Appeals for an area variance.
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 $250 or imprisonment for a period of not more than 10 days, or both. If any permit issued pursuant to this chapter is revoked per § 78-8E, the subject outdoor furnace property owner and/or operator shall not be eligible for another permit. Each day 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 and may be added to the next Town tax bill for that property if unpaid at the time such Town tax is levied.
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 Conversation, 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, 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, laws, codes, rules or regulations, the more restrictive
or stringent provision or requirement shall prevail.
The invalidity of any clause, sentence, paragraph or provision
of this chapter shall not invalidate any other clause, sentence, paragraph
or part thereof.
This chapter shall take effect upon filing in the Office of
the New York State Secretary of State or as otherwise provided by
law.
