[HISTORY: Adopted by the Town Board of the Town of Pawling 3-5-2014 by L.L. No.
1-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted
as Ch. 157 but was renumbered to maintain the alphabetical organization
of the Code.
Although outdoor furnaces may provide an economical alternative
to conventional heating systems, concerns have been raised regarding
the safety and environmental impacts of these heating devices, particularly
the production of offensive odors and potential health effects of
uncontrolled emissions. This chapter is intended to ensure that outdoor
furnaces are utilized in a manner that does not create a nuisance
and is not detrimental to health, safety and general welfare of the
residents of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices that contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse-boarding
operation and timber processing. Such farm operation may consist of
one or more parcels of owned or rented land, which parcels may be
contiguous or noncontiguous to each other.
Wood that has not been painted, stained, or treated with
any other coatings, glues or preservatives, including, but not limited
to, chromated copper arsenate, creosote, alkaline copper quaternary,
copper azole or pentachlorophenol.
The initial startup of the combustion chamber of a new outdoor
wood-burning furnace after all piping and electrical connections between
the new outdoor wood-burning furnace and the structure(s) it serves
have been completed.
A new outdoor wood-burning furnace with a thermal output
rating greater than 250,000 British thermal units per hour (Btu/h).
The Town Building Inspector and any other person the Town
Board may designate by resolution as an enforcement officer for purposes
of this chapter.
Any person who makes or produces a new outdoor wood-burning
furnace that is ultimately operated in New York.
All new outdoor wood-burning furnaces that must be modified
by a single manufacturer and that are similar in all material and
design respects.
An outdoor wood-burning furnace that commences operation
on or after the effective date of this chapter.
A fuel-burning device that is designed to burn wood or other
fuels, is specified by the manufacturer for outdoor installation or
installation in structures not normally occupied by humans, and is
used to heat building space and/or water via the distribution, typically
through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
Any individual, firm, association, corporation, partnership,
trust, estate, legal representative, company, foundation or fund,
charitable organization, or other entity owning or occupying real
property within the Town.
An outdoor wood-burning furnace that was purchased and installed
prior to the effective date of this chapter.
A new outdoor wood-burning furnace that has a thermal output
rating of 250,000 Btu/h or less.
EPA Test Method 28 OWHH for Measurement of Particulate Emissions
and Heating Efficiency of Outdoor Wood-Fired Hydronic Heating Appliances,
Attachment 2 of the EPA Outdoor Wood-fired Hydronic Heater Program
Phase I Partnership Agreement dated March 16, 2007. (See Chapter III,
§ 200.9, Table 1, of the DEC Regulations.)
The heat value in Btu/h that a manufacturer specifies a particular
model of new outdoor wood boiler is capable of supplying at its design
capacity.
No person shall operate an outdoor wood-burning furnace that
does not meet the requirements set forth in this section:
A.
Building permit. No person shall cause, allow or maintain the use
of an outdoor wood-burning furnace within the Town of Pawling without
first having obtained a permit from the Building Inspector. Application
for permit shall be made to the Building Inspector on the forms provided.
Owners of outdoor wood boilers in existence at the time this chapter
went into effect must contact the Building Inspector to obtain a permit
within one year of the effective date of this chapter.
B.
Months of operation. Outdoor wood-burning furnaces are subject to
a no-burn period between May 31 and September 1. Outdoor wood-burning
furnaces may not be used or otherwise operated during that no-burn
period.
C.
Spark arrestor. All outdoor wood-burning furnaces must be equipped
with a properly functioning spark arrestor as per manufacturer recommendations.
D.
Manufacturer's specifications. All outdoor wood boilers must
be in strict compliance with the manufacturer's specifications
pertaining to construction, installation, use, operation, and maintenance.
In the event of a conflict between the manufacturer's specifications
and the requirements of this chapter, the more restrictive standard
shall control.
E.
Locations. Outdoor wood-burning furnaces shall be permitted only
in R-1 or larger zoning districts as shown on the Town's Zoning
Map, provided the parcel is at least one acre. Outdoor wood-burning
furnaces are not allowed in the HA Hamlet Zoning District.
F.
Minimum lot size. Outdoor wood-burning furnaces shall be permitted
only on lots of one acre or more.
G.
Prohibited fuels. No person shall burn any of the following items
in an outdoor wood-burning furnace:
(2)
Unseasoned wood;
(3)
Garbage;
(4)
Tires;
(5)
Yard waste, including lawn clippings;
(6)
Materials containing plastic;
(7)
Materials containing rubber;
(8)
Waste petroleum products;
(9)
Paints or paint thinners;
(10)
Household or laboratory chemicals;
(11)
Coal;
(13)
Construction and demolition debris;
(14)
Plywood;
(15)
Particleboard;
(16)
Fiberboard;
(17)
Oriented strand board;
(18)
Manure;
(19)
Animal carcasses;
(20)
Asphalt products;
(21)
Saltwater driftwood; or
H.
Emissions.
(1)
No person shall cause or allow emissions of air contaminants from
an outdoor wood-burning furnace to the outdoor atmosphere of a quantity,
characteristic or duration which is injurious to human, plant or animal
life or to property, or which unreasonably interferes with the comfortable
enjoyment of life or property. This prohibition applies, but is not
limited to, the following conditions:
(2)
The prohibition further applies to any particulate, fume, gas, mist,
odor, smoke, vapor, toxic or deleterious emission, either alone or
in combination with others, emitted from an outdoor wood-burning furnace
that results in the conditions or circumstances listed in this subdivision
notwithstanding the existence of specific air quality standards or
emission limits.
I.
Smoke plume. No person shall operate an outdoor wood-burning furnace
in such a manner as to create a smoke plume with an opacity of 20%
or greater (six-minute mean), as determined using EPA Reference Method
9 (or equivalent). (See Chapter III, § 200.9, Table 1, of
the DEC Regulations.)
A.
A person who operates an outdoor wood-burning furnace may only burn
the following fuels in such furnace:
(1)
Seasoned clean wood;
(2)
Wood pellets made from clean wood;
(3)
Heating oil in compliance with Chapter III, Part 225, Subpart 225-1,
of the DEC Regulations, LP gas or natural gas may be used as starter
fuels for dual fuel-fired outdoor wood-burning furnaces;
(4)
Nonglossy, noncolored papers, including newspaper, may be used only
to start an outdoor wood-burning furnace; and
(5)
Other fuels approved by the DEC per the certification requirements
of Chapter III, Part 247, § 247.8, of the DEC Regulations.
A.
Emission limits. In order for a residential-size new outdoor wood-burning
furnace to be certified pursuant to Chapter III, Part 247, § 247.8,
of the DEC Regulations, it must not emit particulate emissions at
a rate greater than a weighted average of 0.32 pounds per million
British thermal units heat output using the year-round weighting factors
in Test Method 28 OWHH. (See Chapter III, § 200.9, Table
1, of the DEC Regulations.) The particulate emission rate for any
test run with a burn rate less than or equal to 1.5 kilograms per
hour must not exceed 15 grams per hour. The particulate emission rate
for any test run with a burn rate greater than 1.5 kilograms per hour
must not exceed 18 grams per hour.
B.
Setback. A residential-size new outdoor wood-burning furnace shall
not be located less than 100 feet from the nearest property boundary
line and shall be permitted in the rear yard only.
(1)
Notwithstanding the above, a residential-size new outdoor wood-burning
furnace installed on contiguous agricultural lands larger than five
acres shall not be located less than 100 feet or more from the nearest
residence not served by the outdoor wood-burning furnace.
C.
Stack height. A residential-size new outdoor wood-burning furnace
shall be equipped with a permanent stack extending a minimum of 18
feet above ground level. Notwithstanding the foregoing, if there is
a roof structure within 150 feet of the residential-size new outdoor
wood-burning furnace, the permanent stack must extend at least two
feet above the peak of said roof structure.
A.
A commercial-size new outdoor wood-burning furnace shall not be used
in a solely residential application.
B.
Emission limits. In order for a commercial-size new outdoor wood-burning
furnace to be certified pursuant to Chapter III, Part 247, § 247.8
of the DEC Regulations, it must not emit particulate emissions at
a rate greater than a weighted average of 0.32 pounds per million
British thermal units heat output using the year-round weighting factors
in Test Method 28 OWHH. (See Chapter III, § 200.9, Table
1, of the DEC Regulations.) Further, the particulate emission rate
for any test run must not exceed 20 grams per hour.
C.
D.
Stack height. A commercial-size new outdoor wood-burning furnace
shall be equipped with a permanent stack extending a minimum of 18
feet above ground level. Notwithstanding the foregoing, if there is
a roof structure within 150 feet of the commercial-size new outdoor
wood-burning furnace, the permanent stack must extend at least two
feet above the peak of said roof structure.
A.
A permit issued pursuant to this chapter may be suspended, as the
Building Inspector may determine to be necessary, to protect the public
health, safety and welfare of the residents of the Town of Pawling
if any of the following conditions occurs:
(1)
Emissions from the outdoor wood-burning furnace exhibit greater than
twenty-percent opacity (six-minute average), except for one continuous
six-minute period per hour of not more than twenty-seven-percent opacity,
which shall be determined as provided in 6 NYCRR 227-1.3(b);
(2)
Malodorous air contaminants from the outdoor wood-burning furnace
are detectable outside the property of the person on whose land the
outdoor furnace is located;
(3)
The emissions from the outdoor furnace interfere with the reasonable
enjoyment of life or property;
(4)
The emissions from the outdoor furnace cause damage to vegetation
or property; or
(5)
The emissions from the outdoor furnace are or may be harmful to human
or animal health.
B.
The suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 212-11 hereof.
A.
Where the Zoning Board of Appeals finds that extraordinary and unnecessary
hardship may result from strict compliance with this chapter, it may
vary the regulations so that substantial justice may be done and the
public interest secured, provided that such variations will not have
the effect of nullifying the intent and purpose of this chapter or
of jeopardizing the health, safety or welfare of the public. In varying
any regulations, the Zoning Board of Appeals may impose such conditions
and requirements as it deems reasonable and prudent. The Zoning Board
of Appeals will hold a public hearing as part of its review. If the
Zoning Board of Appeals grants the waiver, a permit shall be issued
for the outdoor furnace. If the Zoning Board denies the waiver, the
outdoor furnace must either be brought into compliance with this chapter
or removed.
B.
In no event may any variance be given with respect to the front-yard
location of the outdoor wood-burning furnace.
C.
If a preexisting outdoor wood-burning furnace had been installed
prior to adoption of this chapter, a replacement outdoor wood-burning
furnace may be replaced at the exact location on the property, subject
to all of the provisions of this chapter.
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 less than $500 or imprisonment for a period of not
more than 10 days, or both, for the first offense. Any subsequent
offense shall be punishable by a fine not less than $1,000 or imprisonment
for a period of not more than 30 days, or both. In addition, any permit
issued pursuant to this chapter shall be revoked upon conviction of
a second offense, and the subject outdoor furnace shall not be eligible
for another permit. Each day that 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 until paid.
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 Conservation, and/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 and federal codes, laws, rules and regulations. In case of conflict
between any provisions of this chapter and any applicable federal,
state or local ordinances, codes, laws, rules and regulations, the
more restrictive or stringent provisions or requirements shall prevail.
