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.
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.
CFR
The Code of Federal Regulations.
CLEAN WOOD
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.
EPA
The United States Environmental Protection Agency.
OUTDOOR WOOD BOILER or OWB
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.
PERSON
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.
REFUSE
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 FUEL
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.
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. 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) Any wood that does not meet the definition of "clean wood" or "wood
fuel."
(6) Waste petroleum products.
(7) Paints and paint solvents.
(13)
Plywood, saltwater driftwood, particle board, construction/demolition
debris.
(15)
Any other material not intended by a manufacturer for use as
fuel in a solid fuel-burning device.
B. 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:
(1) Proper installation, operation, and maintenance of the outdoor wood
boiler;
(2) Proper fuel selection and use;
(3) Health effects from wood smoke; and
(4) Proper sizing of outdoor wood boiler.
C. 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. 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. 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. 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.
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.