Outdoor Wood Boiler Law 2013

1. (Final adoption by the local legislative body)

I hereby certify that the local law annexed hereto designated as local law

No. 2 of 2013 of the Town of Sangerfield was duly passed by the Town Board on

March 12, 2013, in accordance with the applicable provisions of the law.

Sylvia Crandall

Town Clerk or Officer designated

by the local legislative body

STATE OF NEW YORK

COUNTY OF ONEIDA

Town of Sangerfield Local Law #2 - 2013

Outdoor Wood Boiler Law

It is the intention of the Town of Sangerfield Planning Board by adoption of this law to establish and impose restrictions upon the construction, installation, and operation of outdoor wood boilers within the limits of the Town of Sangerfield for the purpose of securing and promoting the health, comfort, convenience, safety, welfare and prosperity of the Town and its inhabitants.

"Outdoor wood boiler" means any equipment, device, apparatus, or any part, thereof, which is installed, affixed, situated outdoors for the primary purpose of combustion of wood or other solid fuel to produce heat or energy used as a component of a heating system providing heat and/or heated water for any single family or duplex residence. This law is not meant to regulate non-solid fuel burning boilers.

"Natural Wood" means wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.

No person shall cause, allow, or maintain the use of an outdoor wood boiler within the Town of Sangerfield without first having a permit from the Town Codes/Zoning Enforcement Officer (CEO/ZEO). Applications for the permit shall be made to Town Clerk's Office. Application for the permit shall be set at $50.00 or as the Town Board may set by resolution from time to time.

Any outdoor wood burning boilers in existence on the effective date of this ordinance/law shall be permitted to remain provided the owner applies for and receives a permit from the Town of Sangerfield within one (1) year of such effective date of this Local Law and all provisions hereof, except paragraphs of Section 5 referenced below, shall immediately apply to their existing wood boiler(s). All the provisions of the Local Law shall continue to apply to existing outdoor wood boilers which receive permits, except as set forth in Section 5 -B, C, and E herein.

If the owner of an existing wood boiler does not receive a permit within one (1) year of the effective date of this Local Law the outdoor wood boiler shall be removed. "Existing" and "in existence" mean that the outdoor wood boiler is in place and operational on the site.

A. Permitted fuel - Fuel burned in any Outdoor wood boiler shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup or any other fuel approved by §247.4 of 6 NYCRR Part 247.

B. Prohibited fuel - The following fuels are strictly prohibited in any Outdoor wood boiler:

(1) Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.

(2) Rubbish or garbage, including but not limited to food wastes, food packaging, or food wraps.

(3) Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

(4) Rubber including tires or other synthetic rubber-like products.

(5) Newspaper, cardboard or any paper with ink or dye products.

(6) Any other items not specifically allowed by the manufacturer or this provision.

(7) Any other fuel prohibited by §247.3 of 6 NYCRR Part 247.

C. All new Outdoor wood boilers shall be laboratory tested and listed to appropriate safety standards such as UL, CANCSA, ANSI or other applicable safety standards and must meet the emission limits of §247.5(a) of 6 NYCRR Part 247 and must also carry a permanent label as required by §247.7 of 6 NYCRR Part 247.

D. Minimum Lot Size - Outdoor wood boilers shall be permitted only on lots of one (1) acre or more.

E. Setbacks - Outdoor wood boilers shall be located in the rear yard and shall not be located less than 100 feet from the nearest property boundary line and shall not be located less than 10 feet from the primary residence.

F. Spark Arrestors - All outdoor wood boilers shall be equipped with an operable spark arrestor.

G. Installation - All Outdoor wood boilers shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this local law. In the event of a conflict, the requirements of this local law shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.

H. Chimney Height - All Outdoor wood boiler installations shall have a chimney extending a minimum of 18 feet above ground level. If the Outdoor wood boiler is located within 500 feet to any residence not served by the Outdoor wood boiler, the height of the chimney must be at least 2 feet higher than the eve of the residence served or 2 feet higher than the eve of the residence not served by the Outdoor wood boiler whichever is greater.

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A permit issued pursuant to this Local Law may be suspended at the Town Codes Enforcement Officer's discretion after a determination that such suspension may be necessary to protect the health, safety and welfare of the Town of Sangerfield's residents, and if change of real property occurs. A suspended permit may be reinstated once the condition which resulted in suspension is remedied. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this Local Law and subject to the penalties in Section 7 hereof.

Failure to comply with any provision of this Local Law shall be a violation and, upon conviction thereof, shall pay a fine of seventy-five ($75.00) dollars. If the violation continues, each ten (10) day period will be deemed a separate offense. Upon conviction of a second offense thereof, shall pay a fine of two hundred fifty ($250.00) dollars. The owner of the premises upon which prohibited acts occur shall be liable for violations of this Local Law and enforced by the Codes Enforcement Officer. Any fines imposed hereunder shall constitute a lien upon the real property where the outdoor wood boiler 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 any other federal, state, regional or local agency. Outdoor wood boilers, and any electrical plumbing apparatus or device used in connection with an outdoor wood boiler, shall be installed, operated, and maintained in conformity with the manufacturer's specifications and any federal, state and local codes, laws, rules and regulations. All prior local laws, resolutions and regulations inconsistent with the provisions of this Local Law are hereby repealed.

Any invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.

This Local Law shall take effect upon filing in the Office of the New York State Secretary of State or as otherwise provided by law.

EPA Reg 62:38652-70 USEPA 1998 Emissions

Filed with New York State April 11, 2013