Subdivision V. - Heating and Refrigeration
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 4-196. - Compliance with this subdivision required.#
No person shall occupy as owner-occupant or permit to be occupied by another any dwelling or dwelling unit which does not comply with the requirements of this subdivision.
(Rev. Ords. 1987, § 4-196)
Sec. 4-197. - Heating facilities generally.#
(a)
Within one year following the effective date of the ordinance from which this article was derived every dwelling and dwelling unit shall be supplied either with adequate heating facilities or with chimneys or flues sufficient to accommodate facilities for the safe and adequate heating of all habitable rooms, bathrooms and toilet rooms or compartments. Where central heating equipment is not supplied by the owner, heating equipment as specified in this section shall be provided by the occupant.
(b)
Heating equipment shall be capable of maintaining a minimum air temperature of at least 67 degrees Fahrenheit at three feet above the floor level in all habitable rooms, bathrooms and toilet rooms or compartments during an outside air temperature of zero degrees Fahrenheit. Doors, windows and other parts of the dwelling shall be constructed and maintained so as to prevent abnormal heat losses.
(Rev. Ords. 1987, § 4-197)
Sec. 4-198. - Heating equipment.#
Within one year following the effective date of the ordinance from which this article was derived, heating equipment burning solid fuels shall be rigidly connected to a chimney or flue, and heating equipment burning liquid or gaseous fuels shall be rigidly connected to a chimney or flue and a supply line and kept in good condition.
(Rev. Ords. 1987, § 4-198)
Sec. 4-199. - Refrigerated storage space.#
In every dwelling unit where perishable foods are kept, refrigerated space for their storage shall be provided by the occupant if not supplied by the owner.
(Rev. Ords. 1987, § 4-199)
Sec. 4-200. - Cooking equipment.#
Cooking equipment burning solid fuels shall be rigidly connected to a chimney flue, and cooking equipment burning liquid or gaseous fuels shall be rigidly connected to a supply line. No cooking equipment using such fuels shall be operated in any room used primarily for sleeping purposes.
(Rev. Ords. 1987, § 4-200)
Sec. 4-201. - Outdoor hydronic heaters/outdoor wood boilers.#
The city council recognizes and finds that although outdoor hydronic heaters and outdoor wood boilers may represent an economical alternative to conventional heating systems, such systems should not be located or used in such a manner as to compromise the health, safety and welfare of the citizens of the City of East Providence. Such outdoor furnaces can cause harmful emissions, offensive odors, smoke, soot, fumes, ash and other conditions that may constitute a public nuisance. This ordinance seeks to regulate the location, use, construction and operation of outdoor furnaces so that they do not become a public nuisance.
(Ch. 477, § I, 5-5-09)
Sec. 4-202. - Definitions.#
The following words, terms and phrases shall have the meanings ascribed to them by this section:
Allowable fuels means clean wood, wood pellets made from clean wood, manufacturer approved fuels, provided they are not prohibited fuels, and home heating oil that complies with the applicable sulfur content limit or natural gas may be used as starter fuels for dual-fired outdoor hydronic heaters.
Clean wood means wood that has no paint, stains, or other types of coatings, and wood that has not been treated with, including but not limited to, sealants, copper chromium arsenate, creosote, or pentachlorophenol.
Commercial-size heater means a heater with a rated thermal output greater than 350,000 Btu/hr.
Existing unit or existing OHH means an outdoor hydronic heater that has been installed prior to the effective date of this ordinance.
Heating season means a period beginning October 1 and ending May 1, inclusive.
New OHH means an outdoor hydronic heater that is installed after the effective date of this ordinance.
Nuisance means an activity which substantially interferes with the right to use and enjoy property.
Opacity means the degree to which emissions other than water reduce the transmission of light and obscure the view of an object in the background.
Outdoor hydronic heater or outdoor wood boiler (sometimes referred to herein as OHH) means a free standing accessory structure housing a wood-burning furnace, with a smoke stack, used to provide heat or hot water to a building, or accessory structure designed to: (1)
Burn wood or other approved solid fuels;
(2)
That the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and
(3)
Heat building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. This includes without limitation any structure, equipment, device, or apparatus, or any part thereof, which is installed, affixed, constructed or located outdoors for the primary purpose of combustion of solid fuel, including but not limited to wood, to produce heat or energy used as a component of a heating system.
Prohibited fuels means: (1)
Any wood that does not meet the definition of clean wood;
(2)
Rubbish or garbage, including but not limited to food wastes, food and beverage packaging, or food wraps;
(3)
Tires;
(4)
Lawn clippings, leaves, brush trimmings, or general yard waste;
(5)
Materials containing plastic;
(6)
Materials containing rubber;
(7)
Waste petroleum products;
(8)
Paints and paint thinners;
(9)
Chemicals;
(10)
Coal;
(11)
Any type of paper/cardboard;
(12)
Construction and demolition debris;
(13)
Plywood or other composite wood products;
(14)
Particleboard;
(15)
Salt water driftwood;
(16)
Manure;
(17)
Asphalt products;
(18)
Any material prohibited for combustion by state or federal law or regulation; and
(19)
Lighter fluids, gasoline or chemicals to start the flames are prohibited.
Residential size heater means a heater with a rated thermal output of 350,000 Btu/hr or less as rated by the test method identified in this ordinance.
Untreated lumber means dry wood that has been milled and dried but that has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.
(Ch. 477, § I, 5-5-09)
Sec. 4-203. - Permit requirements.#
(a)
No person or entity shall construct, install, use, operate, or permit to be operated on their property an outdoor hydronic heater or outdoor wood boiler without first obtaining a mechanical permit issued by the mechanical inspector following review and approval by the fire marshal. Installation of all new units requires an initial permit application following the effective date of this ordinance. Said application shall include a Class I survey showing all property lines, the locations and distances of all dwellings or occupied buildings on adjoining properties within 300 feet of the property line, and the proposed location of the OHH which must be 100 feet from any property line. All units, new or used, shall carry a tag certifying that the OHH complies with the EPA Phase II Emission standard, or higher as defined by the EPA, which standard is herein incorporated by reference.
(b)
Any OHH in existence on the effective date of this ordinance which was installed with proper permits and inspections shall be permitted to remain, provided that the owner complies with all requirements of this ordinance except for the distance and setback restrictions enumerated in section 4-204.
(c)
Any existing OHH that has been installed without the issuance of proper permits and/or inspections shall be removed.
(d)
An application fee of $200.00 shall be charged for the initial application for new units and $50.00 for each annual operating permit thereafter. This fee shall be in addition to all other fees for inspections for compliance with all applicable building, plumbing, electrical, fire and other laws as deemed necessary by the building/zoning official.
(e)
The owner of the lot upon which an OHH is located shall apply for an annual operating permit. This permit is required each calendar year after the initial installation of the OHH. The permit shall be valid for the period from October 1 through May 1. The owner shall pay all fees imposed for the application for such operating permit as well as inspection fees to determine if the OHH complies with this ordinance and all other applicable codes and ordinances.
A permit issued pursuant to this ordinance may be suspended by the Mechanical Inspector to protect the public health, safety and welfare of the residents of the City of East Providence for the following reasons: (1)
Malodorous air contaminants from the OHH are detectable outside the property of the person on whose land the OHH is located;
(2)
The emissions from the OHH interfere with reasonable enjoyment of life on neighboring property;
(3)
The emissions from the OHH cause damage to vegetation on neighboring property;
(4)
The emissions from the OHH are or may be harmful to human or animal health;
(5)
The burning of any prohibited fuels.
(Ch. 477, § I, 5-5-09)
Sec. 4-204. - Restrictions.#
(a)
The OHH must be a minimum of 300 feet from any building not served by the OHH.
(b)
The OHH must be located a minimum of 100 feet from any lot line.
(c)
Residential properties shall only install residential size heaters.
(d)
The height of the chimney shall exceed the height of the roof peaks of buildings located within 300 feet of the OHH and are not served by the OHH, provided further, that in no event shall the height of the chimney for any single-family or multifamily residential properties be less than 16 feet or more than 35 feet from ground level.
(e)
[The OHH must be] 30 feet from any structure that it services, or such greater distance as shall be advised by the manufacturer.
(f)
The location of any OHH in any front yard as defined in the East Providence zoning ordinance is expressly prohibited.
(g)
All OHHs may be in operation from October 1 to and including May 1 only.
(h)
The by-products of burning wood in the unit such as ash or wood remnants must be disposed of in a manner that does not create a nuisance or adversely impact ground water supplies or wetland resources and in compliance with all applicable laws.
(i)
No person or entity operating an OHH shall cause, suffer, allow or permit the use of a fuel other than allowable fuels as here defined. No person or entity operating an OHH shall cause, suffer, allow or permit the burning of any prohibited fuels as herein defined.
(j)
Manufacturers standards. All OHHs shall, as a minimum standard, operate in compliance with the operating manual and standards of the manufacturer of the unit, including, but not limited to, the manufacturer recommended loading times and amounts.
(k)
Particulate emission standards for new units:
(1)
All new units, as defined in this ordinance, shall comply, as of the effective date of this ordinance, with the EPA Phase II Emission standard, as defined by the EPA, which standard is incorporated herein by reference.
(2)
No person or entity shall purchase, operate, install or allow installation of an OHH for use in the City of East Providence unless it has been certified to meet a particulate matter emission limit of 0.32 lb/MMBtu heat output and satisfies the 2010 USEPA standard for same (the commonly called Phase II Emission standard).
(Ch. 477, § I, 5-5-09)
Sec. 4-205. - Existing units.#
(a)
All provisions of this ordinance shall become effective upon passage with respect to all existing units in use and operation before the effective passage of this ordinance.
(b)
Any existing unit as defined herein that is to be replaced shall meet all provisions set forth in this ordinance except as specified herein.
(c)
Compliance with this ordinance shall not exonerate or insulate the owner of an OHH from the provisions of section 4-206 below.
(Ch. 477, § I, 5-5-09)
Sec. 4-206. - Applicability of other regulations and laws.#
(a)
Compliance with law. All OHHs shall be manufactured, constructed, installed, operated and located in conformance with any other applicable state or federal laws or regulations, including but not limited to those of the US EPA and RIDEM. In the event of any conflict among state, federal and local ordinances, the more restrictive law or regulation shall apply. All other provisions of the building code, electrical code or any other applicable codes shall also apply, as well as applicable subdivision and zoning regulations.
(b)
Nuisance or other condition. One is prohibited to use, maintain or operate any OHH, or use its ash or residue, so that it creates a nuisance or an interference with the health, safety and welfare of the City of East Providence or of any person. Compliance with this ordinance shall not otherwise exonerate or insulate the owner of an OHH from liability for the creation of a nuisance or other interference with the public health, safety and welfare, and it is intended that the City of East Providence and its citizens shall have preserved any public or private right of action in nuisance or otherwise resulting from the operation of such OHH, either under this ordinance, or under any state or federal law or regulation, or the common law.
(Ch. 477, § I, 5-5-09)
Sec. 4-207. - Suspension of operation.#
(a)
The building official, or his designee, may issue an order requiring the immediate suspension of operation of an OHH should he determine that a nuisance is or has been caused by the use and operation of the OHH, as a result of any condition, including, without limitation, malodorous air contaminants detectable on land other than that of the OHH owner; emissions that interfere with the reasonable enjoyment of the life or property of any person; emissions that cause damage to the environment, vegetation or property of another; or for any other violation of the terms of this ordinance.
(b)
The use of an OHH may be reinstated by the building official, or his designee, once he determines that compliance has been established and the offending condition has been remedied.
(Ch. 477, § I, 5-5-09)
Sec. 4-208. - Penalties.#
(a)
Failure to comply with any provision of this ordinance shall be a violation, and a first offense shall be punishable by a written warning. Each offense thereafter shall be punishable by a fine of $100.00 per day. Each day of each offense shall constitute a separate violation.
(b)
The building official, or his designee, shall be responsible for the enforcement of this ordinance. The building official shall have the discretion to forego a warning for a first violation, if, in his reasonable discretion, he is of the belief that the violation is unintentional and can be corrected in less than ten days. Should the owner abate the violation within the time established by the building official, it shall not constitute a first offense.
(c)
Any person or entity in violation of the terms of this ordinance shall, in addition to the above sanctions, be liable to the City of East Providence for all costs of remediation actions necessitated by the actions of the violator, and for the costs (including reasonable attorney fees) of any action brought for equitable or legal relief against the violator, which costs and fees shall constitute a lien against the property on which the OHH is located.
(Ch. 477, § I, 5-5-09)