Outdoor furnaces, also known as “solid fuel heating devices” or “external heating devices,” are attractive to homeowners looking for an economic alternative to conventional heating systems. However, outdoor furnaces may not be so attractive to neighbors! An outdoor furnace is a self-contained unit designed to provide heat to a building or structure, located outside of that building or structure. There are environmental impacts, such as potential health effects of uncontrolled smoke emissions and offensive odors. Municipalities have enacted legislation to either prohibit these devices or permit them, with restrictions, in order to reduce the creation of nuisances. Regulations on this subject include setback restrictions, stack location and height, limits on months of operation and restrictions on types of fuel. Permit requirements are also included.
Village of Canton, NY: Ch. 221, Art. IV
Town of Queensbury, NY: Ch. 119
Town of Brownville, NY: Ch. 88
City of Gillett, WI: § 15-12
Village of South Glens Falls, NY : Ch. 75
Village of Osceola, WI: Ord. No. 05-06
Chapter 221, Nuisances
Outdoor Woodburning Furnaces
[Added 12-15-2003 by L.L. No. 11-2003]
§ 221-18. Authority; enforcement.
A. This article is adopted pursuant to the authority of Article 2, § 10 of the New York State Municipal Home Rule Law, and Article 4, § 4-412 of the New York State Village Law.
B. The Village of Canton Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Village Board of Trustees, is hereby authorized in the name and on behalf of the Village of Canton to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this article.
§ 221-19. Purpose.
It is generally recognized that the types of fuel used, and the scale and duration of burning by outdoor woodburning furnaces, creates noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can deprive neighboring residents of the enjoyment of their property or premises. Therefore, with the adoption of this article, it is the intention of the Village of Canton Board of Trustees to establish and impose restrictions upon the construction and operation of outdoor woodburning furnaces within the limits of the Village for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Village and its inhabitants.
§ 221-20. Definitions.
As used in this article, the following terms shall have the meanings indicated:
OUTDOOR WOODBURNING FURNACE — An accessory structure, designed and intended, through the burning of wood, for the purpose of heating the principal structure or any other site, building, or structure on the premises.
VIOLATOR OR ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE — Any person who owns or occupies the property at the time the outdoor woodburning furnace has been installed and/or operated.
§ 221-21. Construction and operation prohibited.
The construction and operation of outdoor woodburning furnaces are hereby prohibited within the Village of Canton.
§ 221-22. Penalties for offenses.
A. Any person who shall violate any provision of this article shall be guilty of a 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 or to imprisonment for not more than 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and distinct offense.
B. Compliance with this article may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this article shall also be subject to a civil penalty of not more than $500, to be recovered by the Village in a civil action. Each week's continued violation shall be, for this purpose, a separate and distinct violation.
C. In the event the Village is required to take legal action to enforce this article, the violator will be responsible for any and all necessary costs incurred by the Village relative thereto, including attorney's fees, and such amount shall be determined and assessed by the court. If such expense is not paid in full within 30 days from the date it is determined and assessed by the Court, such expense shall be charged to the property so affected by including such expense in the next annual Village tax levy against the property
§ 221-23. Nonconforming uses.
A. Except as hereinafter provided, the lawful use of any outdoor woodburning furnace existing at the time of the adoption of this article may be continued, although such use does not conform with the provisions of this article.
B. No outdoor woodburning furnace existing at the time of the adoption of this article shall thereafter be extended or enlarged.
C. Any existing outdoor woodburning furnace which is abandoned or discontinued for a period of seven consecutive months shall not be permitted to be reestablished as a nonconforming use, and must be immediately removed by the property owner from the subject premises.
(1) If the property owner fails to remove the outdoor woodburning furnace by the end of said seven-consecutive-month period, the Village of Canton Code Enforcement Officer shall give written notice by certified mail or personal service to the owner of the property upon which the outdoor woodburning furnace is located. Such notice shall provide that said owner shall remove the outdoor woodburning furnace within 15 days of the date the notice is either postmarked or personally served upon the owner.
(2) Should the outdoor woodburning furnace not be removed within the time specified, the Code Enforcement Officer shall take reasonable steps to effect its removal.
(3) The costs incurred by the Village to effect said removal (including any attorneys fees incurred by the Village to effect the removal), plus an amount equal to 50% of said costs of removal, shall be charged to the owner of said premises. Said expense shall be paid by the owner of the property so affected within 30 days from the date said costs are presented to the owner. If said expense is not paid within said thirty-day time frame, then said expense shall be charged to the property so affected by including such expense in the next annual Village tax levy against the property.
D. No existing outdoor woodburning furnace which has been damaged by any reason to the extent of more than 75% of its assessed value for Village of Canton tax purposes shall be repaired or rebuilt.
Chapter 119 - OUTDOOR FURNACES
[HISTORY: Adopted by the of the Town Board of the Town of Queensbury 5-17-2004 by L.L. No. 4-2004. Amendments noted where applicable.]
§ 119-1. Title; statutory authority.
A. This chapter shall be known as the "Town of Queensbury Outdoor Furnace Local Law."
B. It is adopted pursuant to Municipal Home Rule Law, § 10.
§ 119-2. Legislative intent.
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 the health, safety and general welfare of the residents of the Town.
§ 119-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
FIREWOOD — Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than three inches in diameter.
OUTDOOR FURNACE — 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 healing system providing heat for any interior space.
UNTREATED LUMBER — Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.
§ 119-4. Permit required.
No person shall cause, allow or maintain the use of an outdoor furnace within the Town of Queensbury without first having obtained a permit from the Town Fire Marshal. Application for permit shall be made to the Fire Marshal on the forms provided.
§ 119-5. Existing outdoor furnaces.
Any outdoor 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 Town Fire Marshal within one year of such effective date; provided, however, that upon the effective date of this chapter all the provisions hereof, except § 119-6B, C and D, shall immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces which receive permits except § 119-6B, C and D. If the owner of an existing outdoor furnace does not receive a permit within one year of the effective date of this chapter, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on the site.
§ 119-6. Specific requirements.
A. Permitted fuel. Only firewood and untreated lumber are permitted to be burned in any outdoor furnace. Burning of any and all other materials in an outdoor furnace is prohibited.
B. Permitted zones. Outdoor furnaces shall be permitted only in the LC-10A, LC-42A, RR-3A and RR-5A Zoning Districts as shown on the Town's Zoning Map.
C. Minimum lot size. Outdoor furnaces shall be permitted only on lots of three acres or more.
D. Setbacks. Outdoor furnaces shall be set back not less than 200 feet from the nearest lot line.
E. Months of operation. Outdoor furnaces shall be operated only between September 1 and May 31.
F. Spark arrestors. All outdoor furnaces shall be equipped with properly functioning spark arrestors.
§ 119-7. Suspension of permit.
A. A permit issued pursuant to this chapter may be suspended as the Fire Marshal may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Queensbury if any of the following conditions occurs:
(1) Emissions from the outdoor furnace exhibit greater than 20% opacity (six minute average), except for one continuous six-minute period per hour of not more than 27% opacity, which shall be determined as provided in 6 NYCRR 227-1.3(b);
(2) Malodorous air contaminants from the outdoor 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. A 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 § 119-9 hereof.
§ 119-8. Waivers.
Where the Town Board of Health finds that extraordinary and unnecessary hardships 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 Board of Health may impose such conditions and requirements as it deems reasonable and prudent. The Board of Health may, at its discretion, hold a public hearing as part of its review. If the Board of Health grants the waiver, a permit shall be issued for the outdoor furnace. If the Board of Health denies the waiver, the outdoor furnace must either be brought into compliance with this chapter or removed. If the Board of Health does not take any action with respect to the waiver within 60 days from its receipt of an application for waiver, the waiver shall be deemed denied.
§ 119-9. Penalties for offenses.
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 more 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 of not more 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.
§ 119-10. Effect on other regulations.
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, Adirondack Park Agency, Lake George Park Commission 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 a conflict between any provision of this chapter and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.
Chapter 88 - FURNACES, OUTDOOR
[HISTORY: Adopted by the Town Board of the Town of Brownville 10-5-2005 by L.L. No. 4-2005. Amendments noted where applicable.]
§ 88-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR FURNACE — A self-contained unit designed to provide heating to a building or structure, which unit is located outside of that building or structure.
§ 88-2. Location and use restrictions.
A. With respect to any outdoor furnaces installed, such outdoor furnaces must be set back a minimum of 50 feet from any property line.
B. The use of such furnaces must follow all operating instructions supplied by the manufacturer.
C. The only fuels allowed shall be those listed fuels recommended by the manufacturer. The following are prohibited: trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure-treated wood), leaves, paper products and cardboard.
D. Users must follow the manufacturer's written instructions for recommended loading times and amounts.
E. Lighter fluids, gasoline or chemicals to start the furnace are prohibited.
F. The unit must be located with due consideration to the prevailing wind direction.
G. Stack location.
(1) If located 50 feet or less to any residence not served by the furnace, the stack must be at least two feet higher than the eave line of that residence.
(2) If located more than 50 feet but no more than 100 feet to any residence not served by the furnace, the stack must be at least 75% of the height of the eave line of that residence, plus an additional five feet.
(3) If located more than 100 feet but no more than 150 feet to any residence not served by the furnace, the stack must be at least 50% of the eave line of that residence, plus an additional five feet.
(4) If located more than 150 feet but no more than 200 feet to any residence not served by the furnace, the stack must be at least 25% of the height of the eave line of that residence, plus an additional five feet.
§ 88-3. Compliance with other regulations.
Any outdoor furnace must also comply with any other county, state or federal guidelines for the same.
§ 88-4. Seasonal use.
Outdoor furnaces may only be used from September 1 to May 31 each year, unless the furnace is being used to provide domestic water service.
§ 88-5. Permit required; fee.
Any resident wishing to install an outdoor furnace must secure a permit from the Code Enforcement Officer of the Town of Brownville and a copy of the regulations from the Town of Brownville. The permit fees will be established from time to time by the Town Board which will be in the minimum amount of $25 per unit.
§ 88-6. Penalties for offenses.
Any violation of this chapter shall be considered a violation within the meaning of the Penal Law of the State of New York and shall subject the owner of the property on which the outdoor furnace is located to a fine of not less than $100 and no more than $250 for each violation and/or 15 days in jail, or both. Each week that such violation shall continue shall be considered a separate violation.
§ 88-7. Complaints.
Any resident who has secured a permit to install an outdoor furnace in doing so will also be agreeing to allow the Town Code Enforcement Officer or any other person designated by the Town to inspect the outdoor furnace if a complaint is filed in writing relative to a violation of this chapter.
Chapter 15 - NUISANCES
§ 15-12. Outdoor solid fuel heating devices. [Added 11-4-2004 by Ord. No. 2004-21]
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
SOLID FUEL HEATING DEVICE — An outdoor device or structure designed for solid fuel combustion and for the purpose of providing indoor heat, including but not limited to combination fuel furnaces or boilers which burn solid fuel.
STACK or CHIMNEY — Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired heating device or structure, including that part of the structure extending above a roof.
B. Allowed materials to burn. Only the following materials may be burned in the outdoor solid fuel heating devices: brush, personal papers, pellets, and clean, unpainted wood products.
C. Building permit required prior to installation. No outdoor solid fuel heating device shall be erected within a fifty-foot radius of the property lines.
D. Public nuisance. All solid fuel fired heating devices without a stack or chimney extending four feet above the highest point of any structure within a fifty-foot radius of the heating device and a minimum of 17 feet in height measured from the ground at and on which the device is located shall be considered a public nuisance within the City of Gillett and are banned.
Chapter 75 - FURNACES
[HISTORY: Adopted by the Board of Trustees of the Village of South Glens Falls as indicated in article histories. Amendments noted where applicable.]
Installations of External Fuel-Burning Devices and External Heating Devices Designed to Provide Internal Heat or Energy
[Adopted 12-3-2003 by L.L. No. 5-2003]
§ 75-1. Purpose and scope.
A. Residences and commercial establishments situated within the municipality are entitled to clean air and environmental circumstances free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well as an environment free of stored debris and storage of combustible fuels in adjacent or exposed exterior areas within densely populated areas.
B. This regulation shall provide for the requirements and limitations of the installation of any exterior furnace or exterior burning device, the primary purpose of which is to convert combustible fuel into a heat or energy source for interior spaces.
§ 75-2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
EXTERIOR FURNACE — Any device, contrivance or apparatus or any part thereof which is installed, affixed or situated out-of-doors for the primary purpose of the combustion of fuel from which heat or energy is derived and intended to be directed there from by conduit or other mechanism into any interior space for the supply of heat or energy.
FURNACE DEVICE, EXTERIOR — Any contrivance, apparatus or part thereof, including a boiler, fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, exhaust conduit and like devices used for the burning of combustible fuels for the creation of heat or energy from an exterior location into an interior location.
§ 75-3. Permitted locations; installation standards; fuel limitations.
A. No exterior furnace or furnace device, exterior shall be situated in any exterior location for the purpose of the combustion of any fuel for the creation of heat or energy into any interior space and no such system or component part thereof shall be permitted to be operated in any zone within the municipality except the M-1 Industrial Zone.
B. Standards for the installation of any exterior furnace or furnace device, exterior, in addition to any manufacturer's recommended installation requirements, shall also require the following:
(1) Installation upon a nominal six-inch thick permanent, reinforced cement pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad.
(2) Installation of a smokestack to a minimum height exceeding four feet in elevation and higher than any adjacent structure, building or wall that is within 50 feet of the location of the exterior furnace. The location of the exterior furnace must comply with all setback regulations from all property lines and comply with all separation distances from other structures on the premises as may be imposed by the Zoning Code of the Village of South Glens Falls and the Building Code of the State of New York.
(3) Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.
(4) Any exterior furnace or furnace device, exterior, installation abutting premises in residential use shall maintain a setback greater than 200 feet distant from the residential use property line.
C. Fuel substances permitted for combustion in an exterior furnace installation shall be limited to the following:
(1) Natural gas, propane, home heating oil, coal and wood.
D. Fuel substances prohibited for combustion in an exterior furnace installation shall include the following:
(1) Industrial waste, rubber, plastic, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and any material prohibited for combustion by federal or state statute.
E. No exterior furnace shall be utilized in any manner as a waste incinerator.
§ 75-4. Requirements of installation and maintenance.
To the fullest extent required by federal or state statutes, rules, regulations and in accordance with the manufacturer's specifications, the installation, maintenance and use of any exterior furnace or furnace device, exterior, as herein defined, shall be installed, maintained and generated in conformity therewith.
§ 75-5. Nonapplicability to interior systems.
This chapter shall in no way be construed nor is the same intended to prohibit the installation, operation or use of exterior chimneys, stove pipes or similar contrivances that are otherwise in conformity with other federal or state laws, rules or regulations constituting any part of any interior furnace system or interior stove system or operation, or any system that provides the exhaust of waste heat, smoke or similar substances from interior spaces.
§ 75-6. Penalties for offenses.
A. Any person or entity illegally installing, maintaining or operating a device or apparatus regulated by this chapter shall, upon being found guilty of such offense, be liable for a monetary fine not to exceed $500, and, in addition thereto, the imposition of a fifteen-day sentence of incarceration, or both.
B. Any person or entity found in violation of the provisions of this article shall, in addition to any fine or imprisonment imposed, be liable to the municipality for any costs of any civil proceedings that may be brought by the municipality against the offender with respect to removal of the conditions of violation thereof, plus actual disbursements and reasonable attorneys fees incurred by the municipality in such action.
§ 160-5M. OUTDOOR SOLID FUEL HEATING DEVICES.
a) Use prohibited. Outdoor solid fuel heating devices are prohibited and shall not be installed or operated within the Village of Osceola.
b) All solid fuel units installed within the Village limits at the time of adoption of the ordinance are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference together with any amendments or modifications made to them in the future.
c) The minimum stack height for any solid fuel-fired heating device shall meet or exceed the manufacturers guidelines.
d) Any existing noncomplying stack shall be removed, replaced or modified within a period of 60 days from the receipt of a notice generated from the Building Inspector.
e) All stacks or chimneys must be so constructed to withstand high winds or other related elements.
OUTDOOR SOLID FUEL HEATING DEVICE – A device, structure or apparatus which supplies direct or indirect heat from the burning of solid fuel, including but not limited to wood, to a building.
STACKS OR CHIMNEYS – Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired heating devices; especially that part of such structures extending above a roof.