[HISTORY: Adopted by the Council of the City
of Beacon 10-20-2008 by L.L. No. 8-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 223.
This chapter shall be entitled "A Local Law
to Prohibit the Use of Outdoor Wood-Burning Furnaces in the City of
Beacon."
A.
The City Council of the City of Beacon finds and determines
that smoke from outdoor wood-burning furnaces frequently contains
unhealthy levels of particulate matter, dioxins, carbon monoxide,
nitrogen dioxide, sulfur dioxide, hydrochloric acid and other toxic
air pollutants.
B.
The City Council further finds and determines that
exposure to smoke from these furnaces is likely to adversely affect
respiratory and cardiovascular systems and increase asthmatic sensitivity
and lung illness, especially among children and the elderly.
C.
The City of Beacon further finds that homeowners and
other users on occasion add other materials to the furnaces which,
when burned, can produce toxic air pollutants.
D.
Therefore, the purpose of this chapter is to better
protect the health, safety and general welfare of the residents of
the City of Beacon by prohibiting the use of outdoor wood-burning
furnaces in the City of Beacon.
As used in this chapter, the following term
shall have the meaning indicated:
Any equipment, device or apparatus located outside the primary
residential or commercial dwelling it serves which is designed to
transfer heat, via liquid, through the burning of wood to heat indoor
spaces. The term "outdoor wood-burning furnace" shall not include
fire pits, outdoor fireplaces or wood-fired barbeques.
No person shall construct or install a new or
used outdoor wood-burning furnace in the City of Beacon after the
effective date of this chapter.
No person shall operate or use an outdoor wood-burning
furnace in the City of Beacon that has been purchased or constructed
prior to the effective date of this chapter unless such operation
or use is in accordance with the following requirements:
A.
Outdoor wood-burning furnaces shall only be operated
between October 1 through May 1.
B.
Outdoor wood-burning furnaces shall not be operated
within 200 feet of a hospital, school, day-care center or nursing
home, or within 200 feet of the boundary of a federal, county, state,
town or village park.
C.
Only seasoned cord wood that has not been painted,
stained, chemically treated, laminated or glued may be burned in an
outdoor wood-burning furnace.
D.
A chimney shall be installed on all outdoor wood-burning
furnaces, the height of which shall extend no less than two feet higher
than the cave line of any residential structure located within 200
feet of the outdoor wood-burning furnace, but in no event shall the
height of said chimney be less than 15 feet.
E.
The operation of an outdoor wood-burning furnace must
be in accordance with the manufacturer's written instructions and
in compliance with any other regulations that are stricter than those
outlined in this section.
Nothing contained herein shall be deemed to
authorize the operation or use of any outdoor wood-burning furnace
which is prohibited by the United States Environmental Protection
Agency (EPA) and/or the New York State Department of Environmental
Conservation (DEC).
Failure to comply with any provision of this
chapter shall be a violation, subject to a fine not to exceed $250
for each day that the violation continues.
This chapter shall apply to the construction,
installation, use and operation in the City of Beacon of any outdoor
wood-burning furnace after the effective date of this chapter.
If any clause, sentence, paragraph, subdivision,
section or part of this chapter or the application thereof to any
person, individual, corporation, firm, partnership, entity or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair
or invalidate the remainder thereof.
The City of Beacon, being the State Environmental
Quality Review Act (SEQRA) lead agency, hereby finds and determines
that this chapter constitutes a Type II action pursuant to § 617.5(c)[20],
[21] and/or [27] of Title 6 of the New York Code of Rules and Regulations
(6 NYCRR) and within the meaning of § 8-0109(2) of the New
York Environmental Conservation Law as a promulgation of regulations,
policies, procedures, and legislative decisions in connection with
continuing agency administration, management and information collection.
This chapter shall take effect on the 15th day
immediately subsequent to its filing in the office of the Secretary
of State.
