[HISTORY: Adopted by the Board of Health
of the Town of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-12-2009[1]]
[1]
Editor's Note: This regulation also superseded former Art.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:
Built and operational, and subsequently ready for shipment,
whether packaged or not.
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.
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.
Wood that has been cut, stacked and dried for a period of
at least six months.
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.
A.
Only commercially manufactured outdoor wood-fired boilers may be
installed and operated in the Town of Franklin.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Boilers may only be operated during the heating season, which for
the purpose of this regulation is October 1 to April 15.
H.
Only dry, seasoned, untreated wood fuel may be burned in the OWB.
I.
The manufacturer's recommendations for the operation of the
unit must be followed.
J.
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.
A.
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.
B.
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.
C.
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.
