Village of Victor, NY Chapter 88 Furnaces, Outdoor

[HISTORY: Adopted by the Board of Trustees of the Village of Victor 3-19-2007 by L.L. No. 2-2007. Amendments noted where applicable.]

§ 88-1 Legislative purpose and intent.

Although outdoor woodburning 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 bans the installation and use of outdoor furnaces as that they are considered detrimental to the health, safety and general welfare of the residents of the Village.

§ 88-2 Installation and use prohibited.

The installation and use of an outdoor woodburning furnace is prohibited.

§ 88-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EXISTING or IN EXISTENCE

The outdoor woodburning furnace is in place and operational on the site.

OUTDOOR WOOD-BURNING FURNACE

An accessory structure, designed and intended, through the burning of wood or other solid fuel, for the purpose of heating the principal structure or any other site, building or structure on the premises.

§ 88-4 Current uses to be considered nonconforming.

Any current use of an outdoor woodburning furnace shall be considered a nonconforming use under Chapter 170, Zoning, § 170-38, of the Village Code.

§ 88-4.1 Existing outdoor wood-burning furnaces.

Any outdoor woodburning furnace in existence on the effective date of this chapter shall be permitted to remain provided that the owner applies for and receives a permit from the Village Code Enforcement Officer. A permit shall be granted only upon the following conditions:

A. Use limited from November 1 to April 1.

B. Permitted fuel. Only seasoned hardwoods are permitted to be burned in any outdoor woodburning furnace. Burning of any and all other materials in an outdoor woodburning furnace is prohibited.

C. Chimneys to extend to a point three feet above nearby roof peaks.

D. Spark arrester placed on top of the chimney.

E. Portable fire extinguisher maintained in the vicinity.

§ 88-5 Penalties for offenses.

A person who shall violate any provision of this chapter shall be guilty of violation as defined in Article 10 of the New York State Penal Law and shall, upon conviction be subject to a fine of not more than $250. Each day that said violation shall continue to exist shall constitute a separate violation.