WEEDSPORT - Outdoor furnaces sparked little interest among Brutus residents, none of which attended a public hearing in the town Monday night.

While no one voiced support or opposition to the proposed regulation of outdoor furnace installation, the town board passed the measure unanimously.

The new law limits outdoor units to protect residents' health, safety, comfort and general welfare. A permit from the code enforcement officer is required to install and operate an outdoor furnace/wood boiler within the town.

Allowed locations for older models (Phase I or earlier) are only Agricultural-Residential, Commercial/Light Industrial, Industrial and Special Development zoning districts. They must be set back at least 25 feet from the nearest side and back property lines and can't be any closer than 100 feet from any occupied structure without an outdoor furnace. They can't be put in a front yard.

Chimneys have to be two feet taller than any other residence within 300 feet, and they have to have spark arrestors or conform to spark release restrictions.

Newer models (Phase II) are allowed in any town zoning district. Setbacks are the same as any accessory structure.

Installation of both older and newer furnaces has to meet all safety codes and comply with manufacturers' instructions.

Only seasoned firewood and untreated lumber can be burned in both. Neither model will have to be modified as a result of any new construction or changes.

Outdoor furnaces existing before the law can remain as long as they burn the proper fuel and control sparks. Brutus now has 12 outdoor furnace units.

Harmful emissions could be reduced by 70 percent in Phase I units, but new Phase II units will take out 90 percent.

Environmental Protection Agency monitoring services must be in place to eliminate problems for the town in monitoring the Phase II units.

Phase I units end by March 2010, James Hotaling, town supervisor, said; then only Phase II furnaces will be available.

Failure to comply with the law is punishable by a maximum fine of $500 and/or imprisonment for not more than 30 days for the first offense. Each day a violation occurs is considered a new and separate offense.

Last April, the village of Weedsport voted in a six-month moratorium on outdoor furnaces which is independent of this town law. The village moratorium expires in October.

Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net