[HISTORY: Adopted by the Board of Health of the Town of Franklin as indicated in article histories. Amendments noted where applicable.]
Editor's Note: This regulation also superseded former Art. I, Outdoor Wood-Burning Boilers, adopted 11-7-2008.
This regulation shall be effective upon approval from the Massachusetts Department of Environmental Protection, and publication pursuant to MGL c. 111, § 31C, and remain so until either modified or amended by the Franklin Board of Health. This regulation is enacted under authority granted by, but not limited to, MGL. c. 111, §§ 31, 31C, 122, and 142A through 142M.
This regulation has been enacted by the Franklin Board of Health for the purpose of minimizing the human health hazards resulting from the smoke, particulate matter and noxious fumes emitted by outdoor wood-burning boilers, to encourage proper techniques in the location and use of these boilers, and to promote the public comfort, convenience and well-being.
As used in this article, the following terms shall have the meanings indicated:
- COMMERCIALLY MANUFACTURED
- Built and operational, and subsequently ready for shipment, whether packaged or not.
- EMISSION POINT
- Any place (including, but not limited to, a stack or vent) at or from which any air contaminant is emitted to the ambient air space.
- Property of gaseous, liquid or solid materials that elicits a physiologic response by human sense of smell.
- OUTDOOR WOOD-BURNING BOILER (OWB)
- A wood-fired boiler surrounded by a water jacket and a smoke vent, (whether or not housed in an insulated freestanding shed with a smokestack and used to heat water) that is carried by pipes to provide heat to a building or other structure. Wood-burning boilers do not include fire pits, chimneys, wood-fired barbeques or equipment intended exclusively for producing maple syrup, reclaiming or refining metals.
- SEASONED WOOD
- Wood that has been cut, stacked and dried for a period of at least six months.
- WOOD FUEL
- All wood intended to be used as fuel, including but not limited to trees, cordwood, logs, lumber and clean wood from manufacturing processes, wood pellets, slabs, bark and chips. This definition does not include cardboard, plywood, particleboard, or materials chemically treated with any preservative, adhesive, paint, oils, or materials containing plastic or rubber.
Only commercially manufactured outdoor wood-fired boilers may be installed and operated in the Town of Franklin.
A permit is required from the Franklin Board of Health to install an outdoor wood-burning boiler. The permit process shall include submission of a written application form and payment of the permit fee established by the Board of Health.
Permit applicants must demonstrate to the satisfaction of the Board of Health that they understand the requirements for the proper installation and operation of an OWB. This includes appropriate permits and sign-offs for all work done by licensed contractors and inspections required by building and electrical inspectors.
The application must be accompanied by a to-scale site plan prepared by a registered civil engineer indicating the proposed boiler location in relation to all existing structures, and separating distances from the boiler to all buildings and outbuildings on site, and all neighboring structures within 500 feet. The plan must also indicate distances to all roads adjacent to the site and distances from the boiler to woods, brush and flammable structures.
No OWB shall be installed within 75 feet of the house it is serving or within 500 feet of any other structure, except that no OWBs shall be located closer than 750 feet from the property line of any state-licensed school, day-care or health-care facility. A clear radius of 30 feet must be maintained between any OWB and any trees or vegetation of height greater than the height of the top of the fuel feed door.
Boilers must have a smokestack height of at least five feet higher than the height of the highest abutting residence (actual roof peak) within a radius of 500 feet.
Boilers may only be operated during the heating season, which for the purpose of this regulation is October 1 to April 15.
Only dry, seasoned, untreated wood fuel may be burned in the OWB.
The manufacturer's recommendations for the operation of the unit must be followed.
The Franklin Board of Health and/or the Agent for the Board shall have the right to take appropriate enforcement or other action, in accordance with Chapter 111 of the Massachusetts General Laws, with respect to any such OWB that it determines constitutes a nuisance or public health risk.
If an inspection or examination reveals an OWB is installed or operated in a manner that is not compliant with the above regulations, the Franklin Board and/or the Agent for the Board, is authorized to issue notices of violation, cease and desist orders, and other administrative enforcement orders to compel compliance with these regulations.
If an inspection or examination determines than an OWB is operated in a manner that constitutes a threat to public health, safety or welfare, a nuisance or cause of odor, filth or sickness, in accordance with MGL c. 111, the Board of Health and/or the Agent of the Board shall issue an order to cease operation of the OWB.
The Board of Health may take enforcement action deemed appropriate and lawful, including but not limited to criminal prosecution, civil action for injunctive relief or money damages, or both. Per MGL c. 111, § 31C, the Board of Health may levy fines of not less than $1,000 nor more than $5,000 for the first offense. Each subsequent offense shall be punished by a fine of not less than $5,000 nor more than $10,000. For the purpose of this subsection, each day or part thereof of violation of such an order, rule or regulation, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense.
Each part of this regulation shall be construed as separate to the end that if any paragraph, sentence, clause, or phrase thereof shall be held invalid for any reason, the remainder of that regulation and all other regulations shall continue in full force.