[HISTORY: Adopted by the Town Council of
the Town of Smithfield 1-20-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 154.
A.
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 Smithfield.
Such outdoor furnaces can cause harmful emissions, offensive odors,
smoke, soot, fumes, ash and other conditions that may constitute a
public nuisance.
B.
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.
A heater with a rated thermal output greater than 350,000
Btus per hour.
An outdoor hydronic heater that has been installed prior
to the effective date of this chapter.
Period beginning October 1 and ending May 1, inclusive.
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, housing a wood-burning furnace, with a smokestack, 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
Designated to 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.
Any wood that does not meet the definition of
clean wood;
Rubbish or garbage, including but not limited
to food wastes, food and beverage packaging, or food wraps;
Tires;
Lawn clippings, leaves, brush trimmings, or
general yard waste;
Materials containing plastic;
Materials containing rubber;
Waste petroleum products;
Paints and paint thinners;
Chemicals;
Coal;
Any type of paper/cardboard;
Construction and demolition debris;
Plywood or other composite wood products;
Particle board;
Salt water driftwood;
Manure;
Animal carcasses;
Asphalt products;
Any material prohibited for combustion by state
or federal law or regulation; and
Lighter fluids, gasoline or chemicals to start
the flames are prohibited.
A heater with a rated thermal output of 350,000 Btus per
hour or less as rated by the test method identified in this chapter.
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.
A.
No person or entity shall construct, install, use,
operate, or permit to be operated on his or her property an outdoor
hydronic heater or outdoor wood boiler without first obtaining a permit
from the Building/Zoning Official. Installation of all new units requires
an initial permit application following the effective date of this
chapter.[1] Said application shall include a survey showing all property
lines, the locations and distances of all dwellings or occupied buildings
on adjoining properties within 300 feet of the property line, and
the proposed location of the OHH. All units, new or used, 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.
[1]
Editor's Note: This chapter became effective
2-20-2009.
B.
Any OHH in existence on the effective date of this
chapter which was installed with proper permits and inspections shall
be permitted to remain, provided that the owner complies with all
conditions of this chapter within three months of the effective date
of this chapter. If the owner does not comply with all of the conditions
of this chapter within three months of the effective date of this
chapter, the OHH shall be removed.
C.
Any existing OHH that has been installed without the
issuance of proper permits and/or inspections shall be removed.
D.
An application fee of $100 shall be charged for the
initial application for new units. This fee shall be in addition to
all other fees for inspections for compliance with all applicable
building, plumbing, electrical, fire and other laws as deemed necessary
by the Building/Zoning Official.
E.
The owner of the lot upon which an OHH is located
shall apply for an annual operating permit. This permit is required
each calendar year after the initial installation of the OHH. The
permit shall be valid for the period from October 1 through May 1.
The owner shall pay all fees imposed for the application for such
operating permit as well as inspection fees to determine if the OHH
complies with this chapter and all other applicable codes and ordinances.
F.
A permit issued pursuant to this chapter may be suspended
by the Building/Zoning Official to protect the public health, safety
and welfare of the residents of the Town of Smithfield for the following
reasons:
(1)
Malodorous air contaminants from the OHH are detectable
outside the property of the person on whose land the OHH is located.
(2)
The emissions from the OHH interfere with reasonable
enjoyment of life on neighboring property.
(3)
The emissions from the OHH cause damage to vegetation
on neighboring property.
(4)
The emissions from the OHH are or may be harmful to
human or animal health.
(5)
The burning of any prohibited fuels.
A.
OHHs that meet the requirements of this chapter may
be permitted in R-80 and R-200 Zoning Districts only if the subject
lot contains a minimum of 80,000 square feet. OHHs are prohibited
in all other zoning districts within the Town of Smithfield.
B.
The OHH must be a minimum of 300 feet from any building
not served by the OHH.
C.
The OHH must be located a minimum of 100 feet from
any lot line.
D.
The height of the chimney shall exceed the height
of the roof peaks of buildings located within 300 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 or more than
35 feet from ground level.
E.
The OHH shall be 30 feet from any structure that it
services, or such greater distance as shall be advised by the manufacturer.
F.
The OHH shall be located in the rear yard only as
defined in the Smithfield Zoning Ordinance. The location of any OHH
in any side yard or front yard as defined in the Smithfield Zoning
Ordinance is expressly prohibited.
G.
All OHHs may be in operation from October 1 to and
including May 1 only.
H.
The by-products of burning wood in the unit such as
ash or wood remnants must be disposed of in a manner that does not
create a nuisance or adversely impact groundwater supplies or wetland
resources and in compliance with all applicable laws.
I.
No person or entity operating an OHH shall cause,
suffer, allow or permit the use of a fuel other than allowable fuels
as here defined. No person or entity operating an OHH shall cause,
suffer, allow or permit the burning of any prohibited fuels as herein
defined.
J.
Manufacturer's 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.
K.
Only one OHH is permitted for each property.
L.
Particulate emission standards for new units.
(1)
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)
No person or entity shall purchase, operate, install
or allow installation of an OHH for use in the Town of Smithfield
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").
A.
All provisions of this chapter shall become effective
three months after passage with respect to all existing units in use
and operation before the effective passage of this chapter.
B.
Any existing unit as defined herein that is to be
replaced shall meet all provisions set forth in this chapter except
as specified herein.
A.
Compliance with law. All 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 United States Environmental Protection
Agency and the Rhode Island Department of Environmental Management.
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.
B.
Nuisance or other condition. It is prohibited to use,
maintain or operate any OHH, or use its ash or residue, so that it
creates a nuisance or an interference with the health, safety and
welfare of the Town of Smithfield or of any person. Compliance with
this chapter shall not otherwise exonerate or insulate the owner of
an OHH from liability for the creation of a nuisance or other interference
with the public health, safety and welfare, and it is intended that
the Town of Smithfield and its citizens shall have preserved any public
or private right of action in nuisance or otherwise resulting from
the operation of such OHH, either under this chapter or under any
state or federal law or regulation, or the common law.
A.
The Building/Zoning Official, or his designee, may
issue an order requiring the immediate suspension of operation of
an OHH should he determine that a nuisance is or has been caused by
the use and operation of the OHH, as a result of any condition, including,
without limitation, malodorous air contaminants detectable on land
other than that of the OHH owner; emissions that interfere with the
reasonable enjoyment of the life or property of any person; emissions
that cause damage to the environment, vegetation or property of another;
or for any other violation of the terms of this chapter.
B.
The use of an OHH may be reinstated by the Building/Zoning
Official, or his designee, once he determines that compliance has
been established and the offending condition has been remedied.
A.
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 $100 per day. Each day of each offense shall constitute a
separate violation.
B.
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.
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 Smithfield 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.