[HISTORY: Adopted by the Town of Barre Board of Health 9-15-2008. Amendments
noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition of bylaw violations — See Ch. 67.
This regulation is adopted under MGL c. 111, §§ 31
and 31C, 142B, 142D, and 310 CMR 7.00, 310 CMR 7.09, and 310 CMR 7.52,
which gives the Barre 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.
A.Â
Recognizing that people have a right to and should be ensured an
environment free from excessive air pollution capable of jeopardizing
their health or safety or welfare or of degrading their quality of
life, this regulation is enacted to protect, preserve and promote
the health, safety, welfare and quality of life for the citizens of
Barre, Massachusetts, through the reduction, control and prevention
of air pollution.
B.Â
Outdoor wood boilers, also known as "outdoor water stoves" and "outdoor
wood furnaces," are generally composed of a wood-burning firebox surrounded
by a water jacket or reservoir vented by a chimney stack. The heated
water is then pumped via insulated underground pipes to the residence
or business. Emissions from outdoor wood-burning boilers drift across
property lines raising health concerns for neighbors who inadvertently
breathe the smoke-filled air.
C.Â
Wood smoke is a complex mixture of chemicals and particulates. It
contains carbon monoxide and other organic gases, particulate matter,
chemicals, and some inorganic gases. Some of these compounds are toxic,
aldehydes and phenols, and some are carcinogens, benzoprene, and cresols.
The particulate matter is mostly made up of elemental carbon, soot
and organic ash.
When used in these regulations or in communications, notices,
or orders relative thereto, the following words and phrases shall
have the meanings ascribed to them below.
The Code of Federal Regulations.
Seasoned wood that has no paint, stains, or other types of
coatings, and wood that has not been treated with any chemical, including
but not limited to copper chromium arsenate, creosote, or pentachlorophenal.
The Massachusetts Department of Environmental Protection.
The United States Environmental Protection Agency.
A wood-fired boiler located outside of the building, surrounded
by a water jacket in an insulated freestanding shed with a smokestack
and used to heat water that is carried by underground pipes to provide
heat to a building.
Any individual, partnership, association, firm, syndicate,
company, trust, corporation, department, authority, bureau, agency,
political subdivision of the commonwealth, law enforcement agency,
fire-fighting agency, or any other entity recognized by law as the
subject of rights and duties.
Any animal, vegetable, or mineral, solid, liquid, or gaseous
waste. It includes, but is not limited to, rubbish, garbage, ashes,
construction waste, industrial waste, commercial waste, demolition
waste, agricultural waste, abandoned vehicles, and any unwanted or
discarded material. It does not include hazardous waste.
Wood that has been dried for at least six months.
All wood intended to be used as fuel, including but not limited
to trees, cordwood, logs, lumber, sawdust, and wood from manufacturing
processes (butt offs, shavings, turnings, sander dust) wood pellets,
slabs, bark, chips, waste pallets. This definition does not include
wood chemically treated with any preservative, paint, or oil.
A.Â
Existing units. Any person that wishes to continue using an OWB installed
prior to the effective date of this regulation must register his/her
OWB at the Board of Health within six months of the Effective Date
of this Regulation. Where the OWB owner already possesses an existing
permit from the Town of Barre Building Department, a copy must be
brought to the Board of Health to be placed in its file. The Board
of Health permitting fee will be waived for existing OWB owners, but
the applicant must comply with the following process. Said application
shall include:
(1)Â
Submission of a written application on a form provided by the Barre
Board of Health.
(2)Â
An informal plan depicting the location of the OWB in relation to
the facility that it serves and all other occupied structures within
close proximity to the OWB.
(3)Â
Any existing OWB must have a permanent stack height extending five
feet higher than the peak of any roof structure located within 150
feet of the OWB with exception of the structure it is serving.
(4)Â
A secondary source of heat for dwelling and/or any other heated buildings
is required.
B.Â
New units.
(1)Â
No person shall install or cause to be installed an OWB after the
effective date of this regulation without a permit from the Board
of Health. The permit process shall include submission of a written
application on a form provided by the Barre Board of Health; a suitable
plan meeting the requirements set forth below; and, payment of the
permit application fee established by the Barre Board of Health as
well as an electrical permit with the Barre Building Department.
(2)Â
Board-of-Health-approved plans for the location and installation
of any outdoor wood boiler to be installed after the effective date
of this regulation shall be shown in the form of a plot plan detailing
the boiler component(s) and shall include depiction of:
(a)Â
The legal boundaries of the lot to be served;
(b)Â
The location of all dwelling(s) and building(s) existing and
proposed on the lot to be served by the outdoor wood boiler and identification
of those to be served by the boiler;
(c)Â
The locations of all known easements and rights-of-way on the
lot to be served;
(d)Â
The location of all components of the outdoor wood boiler, including
underground electric lines, fluid lines or ductwork;
(e)Â
The proposed wood burner stack height;
(f)Â
The location of all roads, pass ways and rights-of-way within
100 feet of the proposed outdoor wood boiler;
(g)Â
The location of all buildings existing within 300 feet of the
proposed outdoor wood boiler, whether or not on the lot to be served
by the outdoor wood-burning boiler;
(h)Â
The roof heights of all buildings within 300 feet of the proposed
outdoor wood boiler;
(i)Â
Proposed wood storage area.
(j)Â
A secondary source of heat for dwelling and/or any other heated
buildings is required.
(3)Â
Installation must be completed within six months of issuance of the
permit.
The requirements set forth in this section are intended to set
forth the minimum criteria that the Board of Health presently believes
is required to protect public health, safety and the environment,
based on information reviewed by the Board as of the effective date
of this regulation. Nothing in this regulation is intended to limit
the powers of the Board of Health, and the Board expressly reserves
its right to take further action with respect to any individual case
pursuant to its authority as set forth in MGL c. 111, § 122
through 125 (regarding nuisances), or any other applicable law.
A.Â
All new and existing outdoor wood boilers shall be installed and
operated according to the manufacturer's specifications. Any EPA-approved
outdoor wood boiler which has been altered, installed, or disassembled
in anyway not specified by the manufacturer shall be considered a
non-EPA-compliant boiler. Some common examples of what manufacturers
prohibit burning are:
(1)Â
Any wood that does not meet the definition of "clean wood" or "wood
fuel."
(2)Â
Refuse.
(3)Â
Treated wood.
(4)Â
Plastic products.
(5)Â
Rubber products.
(6)Â
Waste petroleum products.
(7)Â
Paints and paint solvents.
(8)Â
Chemicals.
(9)Â
Coal.
(10)Â
Manure.
(11)Â
Animal carcasses.
(12)Â
Glossy or colored paper.
(13)Â
Plywood, saltwater driftwood, particle board, construction/demolition
debris.
(14)Â
Asphalt products.
(15)Â
Any other material not intended by a manufacturer for use as
fuel in a solid fuel-burning device.
B.Â
Retailers selling or offering for sale new outdoor wood boilers in
the Town of Barre shall supply public education information with each
sale of an outdoor wood boiler in the form of pamphlets, brochures
or fact sheets on the following topics:
C.Â
No person shall install or cause to be installed any outdoor wood
boiler after the effective date of this regulation within 50 feet
of the house it is serving or within 300 feet of any other occupied
structure. This requirement will not apply to outdoor wood boilers
installed prior to the effective date of this regulation.
D.Â
Any new OWB must have a permanent stack height extending five feet
higher than the peak of any roof structure located within 300 feet
of the OWB with the exception of the structure it is serving.
E.Â
The operation of any new or existing outdoor wood burning boiler
may not occur between the dates of May 15 and September 15 of each
calendar year. A variance may be granted if the OWB owner exceeds
the distances required within these regulations.
F.Â
An outdoor wood boiler shall be located no less than 100 feet from
any property line.
The Board of Health may vary any provision of these regulations
with respect to any particular case, when in its opinion, the enforcement
thereof would do manifest injustice, and the applicant has proved
that the same degree of protection can be achieved without strict
application of the particular provision. All variances shall be considered
at a hearing by the Board of Health.
A.Â
Permit suspension or revocation. The Board of Health may suspend
or revoke any permit issued pursuant to these regulations for any
violation of these regulations, or any other applicable General Law,
regulation or bylaw.
B.Â
Penalties. The owner of any OWB operated in violation of these regulations
shall be penalized.
(1)Â
First offense: A written warning to correct a violation of these
regulations shall be issued after a verification of a complaint.
(2)Â
Second offense: Automatic fine of $100 issued by the Board of Health
or Board of Health Agent. The OWB owner has option to appeal an order
to correct a violation of these regulations, provided that a written
request for a hearing is filed with the Board of Health within seven
days of receipt of the violation notice.
(3)Â
Any subsequent offense: If an inspection or examination reveals that
an OWB is installed or operated in a manner that is not compliant
with these regulations, the Board of Health, the Health Agent or the
Town of Barre Fire Department shall issue an order to cease operation
of the OWB until it has been restored to compliance so as to not be
deemed a nuisance under the public health laws. Such revocation or
suspension may take place after a hearing held by the Board of Health
of which the permit holder is given seven days' written notice. Such
notice shall be deemed given upon certified mail and return receipt
requested to the address listed on the permit application.
C.Â
Noncriminal disposition.
(1)Â
This regulation may be enforced by any Barre Police Officer, Barre
Fire Department, the Barre Board of Health or the Barre Health Agent.
(2)Â
Whoever violates any provision of this regulation may be penalized
by a noncriminal disposition process as provided in MGL c. 40, § 21D
and the Town's noncriminal disposition bylaw.[1] If noncriminal disposition is elected, then any person
who violates any provision of this regulation shall be subject to
a penalty in the amount of $100 per day for each day of violation,
commencing 10 days following day of receipt of written notice from
the Board of Health. Each day or portion thereof shall constitute
a separate offense. If more than one, each condition violated shall
constitute a separate offense.
D.Â
Other.
(1)Â
Whoever violates any provision of this regulation may be penalized
by indictment or on complaint brought in the district court. Except
as may be otherwise provided by law and as the district court may
see fit to impose, the maximum penalty for each violation or offense
shall be $1,000. Each day or portion thereof shall constitute a separate
offense. If more than one, each condition violated shall constitute
a separate offense.
(2)Â
The Barre Board of Health may enforce these Regulations or enjoin
violations thereof through any lawful process, and the election of
one remedy by the Board of Health shall not preclude enforcement through
any other lawful means.
E.Â
An owner may appeal an order to correct a violation of these regulations,
provided that a written request for a hearing is filed with the Board
of Health within seven days of receipt of the violation notice.
The provisions of this Chapter shall be effective upon adoption
by the Barre Board of Health, approval by DEP and publication pursuant
to MGL c. 111, § 31C.