Town of Kingsbury, NY
Washington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Board of the Town of Kingsbury 9-20-2004 by L.L. No. 1-2004 (Ch. 49 of the 1983 Code). Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 95.
The Kingsbury Town Board has reviewed various complaints concerning the operation of residential outdoor furnaces in the Town of Kingsbury ("Town"). The Town perceives that the unregulated use of residential outdoor furnaces may pose a health risk to the residents within the Town. The Town Board also has questions as to whether such use creates a nuisance relative to the smoke emitted from said furnaces. As such, the Town believes that regulation by local law of such uses is in the Town's best interest. The Town is concerned with the public health, safety and welfare in this regard.
As used in this chapter, the following terms shall have the meanings indicated:
Any residential 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 source.
All outdoor furnaces shall be installed, operated and maintained in strict conformance with manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply, unless the manufacturer's instructions are stricter than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply.
Substantive requirements. All outdoor furnaces shall be installed, operated and maintained pursuant to the following conditions:
Fuel. Fuel shall be only natural untreated wood or fuels specifically permitted by the manufacturer. Notwithstanding the foregoing, the following fuels are strictly prohibited:
The burning of processed wood products and other non-wood products;
Painted wood and/or treated wood; and
Any other item not specifically allowed by the manufacturer or this subsection.
Chimney heights and furnace location.
Minimum setback from nearest property line: 25 feet.
The chimney height shall be determined by the distance from the nearest residence not served by the furnace, as follows:
Distance From Nearest Residence
Chimney Height
50 or less
Height to the eave line of residence not served, plus 2
50 to 100
75% of the eave line, plus 2
100 or more
No less than 15
The minimum chimney height shall be 15 feet, unless greater according to the above formula, in any case.
No person shall allow, maintain or use an outdoor wood furnace in the Town of Kingsbury without first having obtained a permit from the Town Code Enforcement Officer on the forms prescribed by such official. A fee of $35 shall be charged.
Existing outdoor furnaces. All existing outdoor furnaces shall immediately comply with all manufacturer's specifications and § 151-3B(1), entitled "Fuel," and, within 30 days from the effective date of this chapter, comply with the chimney heights contained herein. In addition, all owners shall apply for and receive a permit within one year of the effective date of this chapter.
Violations. A permit may be suspended in the event the owner fails to comply with this chapter. A violation of this chapter shall be a violation under the Penal Code.
This chapter is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law.
Where the Town finds that extraordinary hardship will occur from the enforcement of this chapter, upon application to the Town Board, said Town Board may vary the regulations contained herein to afford substantial justice, provided that such variation will not have the effect of nullifying the intent and purpose of this chapter.