[HISTORY: Adopted by the Town Council of the Town of Glocester 4-21-2011, effective 5-18-2011.[1] Amendments noted where applicable.]
A.Â
The Town
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 Town of Glocester. Such outdoor furnaces can
cause harmful emissions, offensive odors, smoke, soot, fumes, ash
and other conditions that may constitute a public nuisance.
B.Â
This chapter seeks to regulate the location, use, construction and
operation of outdoor furnaces so that they do not become a public
nuisance.
The following definitions shall apply to this chapter:
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.
An outdoor hydronic heater that has been installed prior
to the effective date of this chapter.
An outdoor hydronic heater that is installed after the effective
date of this chapter.
An activity which substantially interferes with the right
to use and enjoy property.
The degree to which emissions other than water reduce the
transmission of light and obscure the view of an object in the background.
A freestanding accessory structure, as defined in the Zoning
Ordinance,[1] housing a wood-burning furnace, with a smoke stack, used
to provide heat or hot water to a building, or accessory structure,
designed to:
Burn wood or other approved solid fuels;
That the manufacturer specifies for outdoor installation or
installation in structures not normally occupied by humans (e.g.,
garages); and
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.
No person or entity shall construct or install an outdoor hydronic
heater or outdoor wood boiler without first obtaining a permit from
the Building/Zoning Official. Said application shall include a sketch
showing the applicable property lines, the locations and distances
of all dwellings or occupied buildings on adjoining properties within
300 feet of the property line, the proposed location of the OHH, and
the prevailing wind direction. All newly installed units 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.
A.Â
OHHs that meet the requirements of this chapter may be permitted
in any zoning districts only if the subject lot contains a minimum
of 20,000 square feet.
B.Â
The OHH must be a minimum of 150 feet from any occupied building
not served by the OHH.
C.Â
The OHH must be constructed on a concrete apron pad with a minimum
width of four feet in the front and three feet on each side of the
OHH.
D.Â
Where achievable, the height of the chimney shall exceed the height
of the roof peaks of buildings located within 200 feet of the OHH
and are not served by the OHH, provided further that in no event shall
the height of the chimney be less than 16 feet nor more than 35 feet
from ground level.
E.Â
The OHH must be a minimum of 30 feet from any structure that it services,
or such greater distance as shall be advised by the manufacturer.
G.Â
No person or entity operating an OHH shall cause, suffer, allow or
permit the use of a fuel other than allowable fuels as herein defined.
H.Â
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.
I.Â
Particulate emission standards for new units.
(1)Â
All new units, as defined in this chapter, shall comply, as of the
effective date of this chapter, with the EPA Phase II Emission standard,
as defined by the EPA, which standard is incorporated herein by reference.
(2)Â
No person or entity shall purchase, install or allow installation
of an OHH for use in the Town of Glocester unless it has been certified
to meet a particulate matter emission limit of 0.32 lb/MMBtu heat
output and satisfies the 2010 US EPA standard for same (the commonly
called "Phase II Emission standard").
The provisions of this chapter shall not apply to any existing
unit(s) installed prior to the effective date of this chapter with
the exception that only allowable fuel shall be used by existing units.
Compliance with law. All newly installed 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.
A.Â
The Building/Zoning Official, or his designee, may issue an order
requiring the immediate suspension of operation of an OHH should he
determine that the requirements of this chapter are not being complied
with.
B.Â
The use of an OHH may be reinstated by the Building/Zoning Official,
or his designee, once he determines that compliance has been established.
A.Â
Failure to comply with any provision of this chapter 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 $50 per day. Each
day of each offense shall constitute a separate violation.
B.Â
The Building/Zoning Official, or his designee, shall be responsible
for the enforcement of this chapter. The Building/Zoning 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 10 days. Should
the owner abate the violation within the time established by the Building/Zoning
Official, it shall not constitute a first offense.
C.Â
Any person or entity in violation of the terms of this chapter shall,
in addition to the above sanctions, be liable to the Town of Glocester
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.