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Sec. 22-43. - Purpose.#
The town council recognizes and finds that although outdoor hydronic heaters or outdoor wood boilers (hereafter collectively referred to as "OHHs") 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 town resulting from harmful emissions, offensive odors, smoke, soot, fumes, ash or other conditions that may otherwise constitute a nuisance from the use and operation of outdoor furnaces.
This article seeks to regulate the location, use, construction and operation of outdoor furnaces for these purposes.
(Ord. of 3-2-09)
Sec. 22-44. - Definitions.#
The following definitions shall apply to this article:
Allowable fuels mean: 1.
Clean wood;
2.
Wood pellets made from clean wood;
3.
Manufacturer approved fuels, provided that no fuel shall be in conflict with prohibited fuels as defined herein;
4.
Home heating oil in compliance 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, copper chromium arsenate, creosote, or pentachlorophenol.
Existing unit or existing OHH means an outdoor hydronic heater that is sold, installed and/or operated at the intended location of use prior to the effective date of this article. A new unit or new OHH is an OHH that is not an existing OHH.
Outdoor hydronic heater or outdoor wood boiler (OHH) means a fuel burning device designed to (1) burn wood or other approved fuels; (2) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and (3) heats 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 mean: 1.
Any wood that does not meet the definition of clean wood;
2.
Garbage;
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.
Glossy or colored papers;
12.
Construction and demolition debris;
13.
Plywood;
14.
Particleboard;
15.
Salt water driftwood;
16.
Manure;
17.
Animal carcasses;
18.
Asphalt products;
19.
Any material prohibited for combustion by state or federal law or regulation; and
20.
Lighter fluids, gasoline or chemicals to start the flames are prohibited.
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.
(Ord. of 3-2-09)
Sec. 22-45. - Requirement of permit—Initial permit.#
(a)
No person shall construct, install, use, operate, or permit to be operated on their property an OHH without first having obtained a permit from the zoning inspector. Installation of all new units requires an initial application for permit following the effective date of this article. Said application shall include a map showing the site of the unit on the property. All units, new or used shall carry a tag that identifies that the OHH complies with the EPA Phase II Emission Standard, or higher as defined by the EPA and here, and as here incorporated by reference.
(b)
An application fee shall apply, based on the percentage of cost of the OHH, for the initial application for new units, which shall include inspection for compliance with this article and shall include an inspection for compliance with all applicable plumbing, electrical, fire and other laws as deemed necessary by the zoning inspector.
(Ord. of 3-2-09)
Sec. 22-46. - Restrictions on location, operation and use.#
(a)
Location.
(1)
OHHs which conform in all respects to the requirements of this article may be permitted in all zones, however a special use permit may also be required for location of an OHH on a lot of less than two acres only upon passage of consistent zoning amendments imposing such a requirement.
(2)
Setbacks. OHHs shall be no closer than:
a.
One hundred feet from any lot line.
b.
Thirty feet from any dwelling unit, including but not limited to the structure that it services, or such number as shall be advised by the manufacturer.
(3)
The OHH must be located in the back yard (as defined by the town zoning ordinance), behind the structure to be serviced, or as close thereto as possible, in the event of unusual configuration, in the discretion of the zoning inspector, and in no event in the front yard.
(b)
Use and operation.
(1)
Fuels. No person that operates an OHH shall cause, suffer, allow or permit the use of a fuel other than allowable fuels as here defined. No person shall cause, suffer, allow or permit the burning of any prohibited fuel as here defined.
(2)
Manufacturers standards. OHHs shall, as a minimum standard, be operated 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.
(3)
Stack height. The stack or chimney extending from an OHH shall be installed in accordance with the manufacturer's specifications.
(c)
Particulate emission standards for new units.
(1)
All new units, as defined in this article, shall comply, as of the effective date of this article, with the EPA Phase II Emission standard, as defined by the EPA and here, and as here incorporated by reference.
(2)
Emission standard. No person shall purchase, operate, install or allow for installation an OHH for use in the town 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).
(Ord. of 3-2-09)
Sec. 22-47. - Existing units.#
(a)
Existing OHH. All provisions of this article shall immediately become effective as to existing units in use and operation before March 3, 2009 upon passage of the ordinance from which this article derives with the following exceptions:
(1)
Setbacks under subsection 22-46(a).
(2)
Particulate emission standards under subsection 22-46(c).
(b)
Replacement of an existing OHH. Any existing unit as defined herein that is to be replaced shall meet all provision set forth in this article except as specified herein.
(c)
Nuisance. Compliance with this article shall not exonerate or insulate the owner of an OHH from the provisions of subsection 22-48(b).
(Ord. of 3-2-09)
Sec. 22-48. - Applicability of other regulations and laws.#
(a)
Compliance with law. Outdoor furnaces shall be manufactured, constructed, installed, operated and located in conformance with any other applicable state or federal law or regulation, including but not limited to those of the US EPA and RI DEM. In the event of any conflict among state, federal and local ordinance, the more restrictive law or regulation shall apply. All other provisions of the building, electrical or other applicable laws codes shall also apply, as well as applicable subdivision and zoning regulations.
(b)
Nuisance or other condition. It is prohibited to use, maintain or operate an OHH, or use its ash or residue that creates a nuisance or an interference with the health, safety and welfare of the town or of any person. Compliance with this article shall not otherwise exonerate or insulate the owner of a furnace for the creation of nuisance or other interference with the public health, safety and welfare, and it is intended that the town and its citizens shall have preserved any public or private right of action in nuisance or otherwise resulting from the operation of such furnace, either under this article, or under any state or federal law or regulation, or the common law.
(Ord. of 3-2-09)
Sec. 22-49. - Penalties.#
(a)
Failure to comply with any provision of this article shall be a violation, and a first offense shall be punishable by a warning. Each day of each offense shall be construed to be a separate violation. Each second offense shall be punishable by a fine of $100.00, and each offense thereafter shall be $300.00 per offense. The owners of the property shall be jointly and severably liable with any other violator for any violation of this article. Any fine imposed under this article shall constitute a lien on the real property on which the OHH is located.
(b)
The zoning officer, or his designee shall be responsible for the enforcement of this article. He shall have the discretion to forego a warning for a first violation if, in his sole discretion, he is of the belief that the violation is without intent and can be brought into compliance in a reasonable time, and such compliance deadline is provided to the landowner for compliance, not to exceed ten days. Compliance within the time established shall not constitute a first offense.
(c)
Any person or entity in violation of the terms of this article shall, in addition to the above sanctions, be liable to the town for the costs of any remediation actions reasonably necessitated by the actions of the violator(s), and for the costs (including reasonable attorney fees) of any action brought for equitable or legal action against the violator, which costs and fees shall constitute a lien against the property on which the furnace is located.
(Ord. of 3-2-09)
Sec. 22-50. - Suspension of operation.#
(a)
Any OHH may be suspended immediately from operation, within the discretion of the zoning inspector or his designee, should that official or his designee determine that a nuisance is or has been caused by the use and operation of the furnace, as a result of any condition, including, without limitation, malodorous air contaminants detectable on land other than that of the owner; emissions that interfere with the reasonable enjoyment of the life or property of that other than the owner; the emissions cause damage to the environment, vegetation or property of another, or for any other violation of the terms of this article.
(b)
An OHH may be reinstated by the zoning inspector, or his designee, once he has determined that compliance has been established and the offending condition has been remedied.
(Ord. of 3-2-09)