[HISTORY: Adopted by the Town Council of the Town of Glocester 4-21-2011, effective 5-18-2011. Amendments noted where applicable.]
Building permits — See Ch. 145.
Subdivision of land — See Ch. 300.
Zoning — See Ch. 350.
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 Glocester. Such outdoor furnaces can cause harmful emissions, offensive odors, smoke, soot, fumes, ash and other conditions that may constitute a public nuisance.
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:
- 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, sealants, copper chromium arsenate, creosote, or pentachlorophenol.
- EXISTING UNIT or EXISTING OHH
- An outdoor hydronic heater that has been installed prior to the effective date of this chapter.
- NEW OHH
- 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.
- OUTDOOR HYDRONIC HEATER or OUTDOOR WOOD BOILER (sometimes referred to herein as OHH)
- A freestanding accessory structure, as defined in the Zoning Ordinance, housing a wood-burning furnace, with a smoke stack, used to provide heat or hot water to a building, or accessory structure, designed to:
- A. 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. 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.
No person or entity shall construct or install an outdoor hydronic heater or outdoor wood boiler without first obtaining a permit from the Building/Zoning Official. Said application shall include a sketch showing the applicable property lines, the locations and distances of all dwellings or occupied buildings on adjoining properties within 300 feet of the property line, the proposed location of the OHH, and the prevailing wind direction. All newly installed units 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.
OHHs that meet the requirements of this chapter may be permitted in any zoning districts only if the subject lot contains a minimum of 20,000 square feet.
The OHH must be a minimum of 150 feet from any occupied building not served by the OHH.
The OHH must be constructed on a concrete apron pad with a minimum width of four feet in the front and three feet on each side of the OHH.
Where achievable, the height of the chimney shall exceed the height of the roof peaks of buildings located within 200 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 nor more than 35 feet from ground level.
The OHH must be a minimum of 30 feet from any structure that it services, or such greater distance as shall be advised by the manufacturer.
No person or entity operating an OHH shall cause, suffer, allow or permit the use of a fuel other than allowable fuels as herein defined.
Manufacturers 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.
Particulate emission standards for new units.
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.
No person or entity shall purchase, install or allow installation of an OHH for use in the Town of Glocester unless it has been certified to meet a particulate matter emission limit of 0.32 lb/MMBtu heat output and satisfies the 2010 US EPA standard for same (the commonly called "Phase II Emission standard").
The provisions of this chapter shall not apply to any existing unit(s) installed prior to the effective date of this chapter with the exception that only allowable fuel shall be used by existing units.
Compliance with law. All newly installed 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 US EPA and RIDEM. 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.
The Building/Zoning Official, or his designee, may issue an order requiring the immediate suspension of operation of an OHH should he determine that the requirements of this chapter are not being complied with.
The use of an OHH may be reinstated by the Building/Zoning Official, or his designee, once he determines that compliance has been established.
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 $50 per day. Each day of each offense shall constitute a separate violation.
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.
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 Glocester 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.