This regulation is adopted under MGL c. 111, §§ 31,
31C, 142B, 142D, and 310 CMR 7.52, which gives the Westminster Board
of Health authority to make reasonable health regulations. This regulation
is also adopted under MGL c. 111, § 122, which directs the
Board of Health to examine all nuisances, sources of filth, and causes
of sickness within its Town which may, in its opinion, be injurious
to the public health and to destroy, remove, or prevent the same.
Outdoor hydronic heaters have been shown, because of their design,
to emit high quantities of particulate matter and noxious fumes. Health,
safety, and nuisance problems have arisen from the use of outdoor
hydronic heaters. Poor operational practices and inappropriate fuel
exacerbate the detrimental health effects of these devices. The purpose
of these regulations is to minimize the human health hazards resulting
from the smoke and noxious fumes emitted by outdoor hydronic heaters,
and to encourage proper technique in using and setting these boilers.
The following words and phrases shall have the following meanings:
CLEAN WOOD
Wood that has no paint, stains, or other types of coatings,
and wood that has not been treated with, including, but not limited
to, copper chromium arsenate, creosote, or pentachlorophenol.
HEATING SEASON
The period beginning September 30 and ending May 15, inclusively.
OPACITY
The degree to which emissions other than water reduce the
transmission of light and obscure the view of an object in the background
as measured by EPA Method 9.
OPERATOR
Any person who owns or operates an outdoor hydronic heater
in the commonwealth.
OUTDOOR HYDRONIC HEATER or HEATER
A fuel-burning device:
A.
Designed to burn wood or other approved solid fuels;
B.
That the manufacturer specifies for outdoor installation or
installation in structures not normally occupied by humans (e.g.,
garages); and
C.
That heats 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.
On and after the effective date of this regulation, no person
shall install or allow for installation an outdoor hydronic heater
in the Town of Westminster without a US EPA permanent label indicating
it has met the 0.32lb/MMBtu requirement, or supply other documentation
from an EPA-approved lab showing that it meets the requirement as
defined by EPA Test Method 28 OWHH.