[Added by Ord. No. 2006-08]
As used in this article, the following terms
shall have the meanings indicated:
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 or water
supply.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device, especially
that part of such structure extending above a roof.
A permit shall be required for new installations
and additions and alterations to any type of heating, ventilating
and air-conditioning installation, and any type of ductwork. This
shall include fireplaces, wood-burning stoves, and similar equipment.
All solid-fuel-fired outdoor heating devices
shall be:
A.
Installed, operated and maintained in strict conformance
with the manufacturer's instructions and regulations and all other
applicable local, state and federal standards.
B.
Approved by the Department of Commerce through an
approved testing agency.
C.
Provided with written documentation from the manufacturer
that the device meets the EPA emission criteria identified in 40 CFR
Part 60 Subpart AAA, Section 6.532(b)(2).
D.
Provided with written documentation from the manufacturer
that the device is or is in the process of being registered with the
Department of Commerce Boiler Division.
E.
Operated and maintained as follows:
(1)
Fuel shall only be natural untreated wood, or other
solid fuel specifically permitted by the manufacturer, such as corn
or other pellets specifically designed for the solid-fuel-fired outdoor
heating device.
(3)
All solid-fuel-fired outdoor heating devices shall
only be operated from September 1 through May 31.
A solid-fuel-fired outdoor heating device may
be installed in the Town of Buchanan in accordance with the following
provisions:
A.
A solid-fuel-fired outdoor heating device that is
EPA Phase 1 qualified shall be located at least 201 feet from all
exterior property lines. A solid-fuel-fired outdoor heating device
that is EPA Phase 2 qualified shall be located at least 101 feet from
all exterior property lines. All other solid-fuel-fired outdoor heating
devices shall be located at least 301 feet from all exterior property
lines.
[Amended 8-18-2009 by Ord. No. 2009-03]
B.
The solid-fuel-fired outdoor heating device shall
have a chimney that extends at least 15 feet above the ground surface.
If there are any residences within 500 feet, the chimney shall also
extend at least two feet higher above the ground surface than the
height of the roofs of all such residences. All chimneys greater than
15 feet in height above the ground shall be provided with documentation
from the manufacturer specifying that the solid-fuel-fired outdoor
heating device will function with this increased chimney height and
how the chimney shall be supported.
C.
The owner of the solid-fuel-fired outdoor heating
device shall obtain an HVAC permit from the Town of Buchanan before
installing a solid-fuel-fired outdoor heating device.
D.
All solid-fuel-fired heating devices must be installed
by contractors qualified to install the device in accordance with
all codes and manufacturer's guidelines.
Should any solid-fuel-fired outdoor heating
device permitted under this article become hazardous, harmful, noxious,
offensive or a nuisance to the surrounding neighborhood as determined
by the Building Inspector and/or Fire Chief, then the owner shall
correct, improve or abate the nuisance using whatever means are necessary
in accordance with this article. If the nuisance cannot be abated,
then operation of the device shall be discontinued until a solution
to the nuisance can be found.
Any person, firm, corporation, business or entity that fails to comply with any provision of this article shall, upon conviction thereof, forfeit an amount set forth in § 1-7 of the Code, plus the cost of prosecution for each violation and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day of violation shall represent a separate violation of this article as described herein.
[Added 3-16-2010 by Ord. No. 2010-01]
All other solid-fuel-fired outdoor heating devices not specifically permitted under this article are prohibited unless a special exception permit has been issued by the Town as provided in Chapter 525, Zoning, Article XIII, Special Exceptions. Once granted, such special exception permit may be revoked by the Town Board for cause after notice and a hearing. Grounds for revocation shall include, but not be limited to, the failure to comply with inspection requirements of the Municipal Code and Town Building Inspector.
