The purpose of this chapter is to minimize the risk of fire
and the hazards of air pollution arising from the use of the outdoor
wood-fired hydronic heaters and boilers and to prevent such heaters
from creating a detriment to the health, safety and welfare of the
Town of Gardiner. It is intended that all outdoor wood-fired hydronic
heaters and boilers will meet or exceed the U.S. Environmental Protection
Agency's Voluntary Guidelines for Maximum Particulate Levels
based upon present standards and guidelines as well as any future
guidelines and standards promulgated by the U.S. Environmental Protection
Agency.
As used in this chapter, the following terms shall have the
meanings indicated:
HARDWOOD
Includes but is not limited to deciduous trees recognized
by the wood stove industry as preferable for wood-burning stoves including
but not limited to oak, maple, ash, hickory, ironwood, and other close-grained
woods.
SEASONED
Wood that has been dried for at least six months after being
cut.
No person shall construct, maintain, install or operate an OWFHH
within the Town of Gardiner without first having obtained a permit
from the Code Enforcement Officer of the Town of Gardiner.
In the event that the Code Enforcement Officer or Building Inspector
of the Town of Gardiner determines that there has been a violation
of this chapter, or is creating a public nuisance by reason of smoke,
odor, or particulate matter, a notice of violation shall be served
on the owner and/or occupant of the premises utilizing the OWFHH.
Said notice may be served personally or by certified and regular mail
to the owner and/or occupant. In the event that the violation is not
cured within 15 days, the Code Enforcement Officer shall serve an
appearance ticket on the owner and/or occupant personally or by certified
and regular mail.
Any person who commits an act in violation of the provisions
of this chapter shall be liable for such violation and subject to
revocation of the permit and a fine not to exceed $500 or imprisonment
for a period not to exceed 15 days, or both. Each day that a violation
exists shall be deemed to be a separate violation and subject to the
fines and penalties set forth herein.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein and if any provisions shall be deemed
or declared invalid all other provisions shall remain valid and enforceable.
The provisions of this chapter shall take effect immediately
upon the filing of this chapter with the Secretary of the State.