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THURSDAY, OCTOBER 22, 2009   
Vol 2.42   

Sue Cummings










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Burn Notice
Outdoor Furnace Law Enacted For Town of Crawford

CRAWFORD � After several months of debate and legal work on the matter, the Town of Crawford town board has approved a new local law to regulate the use of outdoor furnaces.

The reason for the law can be found in the first paragraph of it.

"Although outdoor furnaces may provide an economical alternative to conventional heating systems, there is a legitimate concern regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors, smoke and soot, and the potential health effects of uncontrolled emissions," it reads. "The permit for such uses is intended to ensure that outdoor furnaces are located, installed, and operated in a manner that does not create a nuisance and is not detrimental to the health, safety, or general welfare of the residents of the town."

From now on, residents of the Town of Crawford will need a permit before installing or using an outdoor furnace. In fact, there always was a need for a permit, says John Calaca, the Town Building Inspector.

There are also strict requirements regarding the location of an outdoor furnace. They must be set back at least 150 feet from the nearest lot line. They cannot be installed or operated within 200 feet of a residence, other than the house being heated by the furnace. They may not be installed within 500 feet of a hospital, school, daycare center, nursing home, or municipal park.

Moreover, if an outdoor furnace is to be installed less than 500 feet from a neighboring dwelling, the height of the chimney for the outdoor furnace must be at least as high as the peak roof elevation of the neighboring dwelling.

If you already have an outdoor furnace installed and your neighbor builds a residence, hospital, school, daycare center, or nursing home next door on what was previously an empty lot, and that new building is within 500 feet of your existing outdoor furnace, then you must extend the height of your chimney for that furnace to conform to the new law.

At the town board meeting on October 14, Al Robertson, the Democratic candidate for Town Highway Superintendent, asked, "Why should the owner of a furnace have to change his chimney when he isn't the person changing the condition?"

Town Supervisor Charles Carnes responded by saying that he thought there should be a public hearing on outdoor furnaces. Councilmember Larry Marshall, who works as a building inspector, said, "Chimneys should be regulated by chimney height. Better to have them be 28 feet to start, than have to come back later. We can avoid enforcement issues that way."

Marshall also said, "Don't rely on New York State to produce a law, because it will take two years to happen."

John Calaca, Town of Crawford Building Inspector, agreed with Marshall regarding the state of law in New York State. However, Calaca pointed to the most alarming potential problem with outdoor furnaces.

"Nobody should burn anything other than wood or the specified fuel for these boilers."

Burning garbage in an outdoor furnace will produce a deadly cloud of pollution, sometimes laden with dioxins, which come from vinyl plastics.

Thus, Calaca said, "We do need to have these things regulated and we need zoning on them. I also think we should have a public hearing, in case there are any issues or concerns."

At the town board meeting, the consensus of the board was that if problems arose with the new law, the board would address them later.



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