[HISTORY: Adopted by the Mayor and Council of the Borough
of Andover as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-8-2009 by Ord. No. 2009-2]
This article is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Borough of Andover due to
the air pollution and fire hazards of outdoor wood furnaces and outdoor
burning.
Outdoor wood furnaces (OWF), including outdoor wood-fired hydronic
heaters, typically burn wood to heat water piped underground to a
nearby structure (usually a home), resulting in heat for a building.
With smoldering fires and short smokestacks, OWFs can create heavy
smoke released close to the ground, where it is a nuisance and unhealthy
to breathe. Smoke contains particles which can affect both the lungs
and the heart. Therefore, in order to promote the public health, safety
and welfare of the residents of the Borough of Andover, OWFs shall
be subject to the regulations set forth herein.
As used in this article, the following terms shall have the
meanings indicated:
Flue or flues that carry off exhaust from an OWF furnace
firebox or burn chamber.
The EPA OWHH (outdoor wood-fired hydronic heater) Phase 1
Program administered by the United States Environmental Protection
Agency and that has a particulate matter emission limit of 0.60 pounds
per million British thermal units' input and is labeled accordingly.
An outdoor wood-fired hydronic heater that has been EPA OWHH
Phase 1 Program qualified. The model has met the EPA OWHH Phase 1
emission level and is labeled accordingly.
The EPA OHH (outdoor hydronic heater) Phase 2 Program administered
by the United States Environmental Protection Agency and that has
a particulate matter emission limit of 0.32 pounds per million British
thermal units' output and is labeled accordingly.
An outdoor hydronic heater that has been EPA OHH Phase 2
Program qualified. The model has met the EPA OHH Phase 2 emission
level and is labeled accordingly.
An OWF that was installed before the effective date of this
article and for which a permit and certificate of approval or certificate
of occupancy (CO) were issued and which comply with applicable EPA
and NJDEP air-emission requirements.
Wood which has not been painted, varnished or coated with
a similar material, has not been pressure-treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
An OWF that is first installed, established or constructed
after the effective date of this article. All new OWFs shall at a
minimum comply with the air-emission requirements of the EPA OHH Phase
2 Program and applicable New Jersey regulations and directives of
the New Jersey Department of Environmental Protection (NJDEP).
Any equipment, device, appliance or apparatus, or any part
thereof, which is installed, affixed or situated outdoors and is primarily
hand-loaded for the purpose of combustion of fuel to produce heat
or energy used as a component of a heating system providing heat for
any interior space or water source. An OWF may also be referred to
as and also includes an outdoor wood boiler, outdoor wood-fired hydronic
heater or outdoor hydronic heater.
An outdoor wood-pellet furnace that is specifically designed
to burn wood-pellet fuel, corn, or other biomass pellets with metered
fuel and air feed and controlled combustion engineering, which burns
only wood pellets, corn or other biomass pellets.
Any natural or man-made objects, such as hills, ridgelines,
stone outcroppings, tree lines, and structures, which are greater
than 30 feet in height above the natural grade of the OWF.
A person, or his/her authorized representative, planning to
install an OWF shall obtain a permit from the Building Department
and submit required documentation in accordance with this article.
This permit shall be in addition to any other permits, such as plumbing,
electrical, and other subcode permits and fees, as required by the
Building Department. The permit fee for review, administration and
inspection of the OWF to verify compliance with this article shall
be set at $120. The applicant for the permit shall include in his/her
submission to the Building Department copies of all manufacturer's
instructions pertaining to the OWF. As a condition for approval of
the permit, the results of inspection of the OWF must demonstrate
to the Building Department and/or Construction Officer that the OWF
complies with the OWF manufacturer's instructions and with applicable
laws and ordinances. A permit and approval shall be obtained before
operation of the OWF; i.e., before burning of fuel and before connection
of electric and/or plumbing. Permit and approval shall also be obtained
before operating an OWF following a transfer of any ownership interest
of real property on which the furnace is located.
A site plan can be prepared by the owner of the property and
does not require the assistance of a professional engineer or surveyor
if a survey of the subject property is otherwise available. The most-recent
survey of the property shall be used and must indicate all structures
on the subject property. The site plan shall indicate the location
of the existing or proposed furnace and height of the existing or
proposed chimney. The site plan shall be prepared by the property
owner or the property owner's authorized representative and shall
include, at a minimum, the metes and bounds of owner's property
and depiction of the straight-line distances from the existing or
proposed OWF to property lines, the owner's residence, all other
structures located on the subject property, and all residential and
commercial structures within 500 feet of the existing or proposed
OWF. Significant changes in elevation within 200 feet of the existing
or proposed OWF, such as ridgelines, hilltops and tree lines, shall
be indicated on the site plan. The person preparing the site plan
shall include his/her certification that the information shown therein
is true and correct to the best of the preparer's knowledge.
A.
No person shall, from the effective date of this article, construct,
install, establish, operate or maintain an OWF other than in compliance
with the applicable sections of this article.
B.
No person shall, from the effective date of this article, operate an existing OWF unless such operation conforms with the manufacturer's instructions regarding such operation and maintenance and with the requirements of this article regarding fuels that may be burned in an OWF as set forth in the definitions of "outdoor wood furnace," "outdoor wood-pellet furnace" and "natural wood" in § 47-3 and § 47-7A of this article.
C.
All new OWFs shall be constructed, established, installed, operated
and maintained in conformance with the manufacturer's instructions
and the requirements of this article and applicable law. In the event
of a conflict between the requirements of the manufacturer's
instructions and of this article, the requirements of this article
shall control; provided, however, that if the manufacturer's
instructions include standards or requirements which are stricter
than those set forth in this article, those manufacturer's standards
and requirements shall apply.
D.
A person or entity seeking to install and operate an OWF shall first
obtain a permit and approval from the Building Department in accordance
with this article and shall include the following documents with the
application for the permit:
E.
All new OWFs shall be laboratory-tested and listed to appropriate
safety standards such as UL, CAN/CSA, ANSI or other applicable safety
standards and meet emission limits of the EPA OHH Phase 2 Program.
F.
Nuisance and/or noncompliance regarding existing OWFs. If an existing OWF is determined by the Building Department or Construction Enforcement Officer of Andover Borough to be creating a nuisance or to be in violation of the standards applicable to existing OWFs as set forth in the definition of "existing outdoor wood furnace" in § 47-3 of this article or of other applicable laws or ordinances, the owner shall be required to follow the directions of the Building Department or Code Enforcement Officer of Andover Borough, including:
(1)
Making modifications to the OWF to eliminate the nuisance, such as,
for example, extending the chimney or relocating the OWF wood furnace,
or both, all to be done in compliance with all applicable laws and
ordinances.
(2)
Ceasing and desisting operation of the OWF until the owner has demonstrated
to the Building Department and/or Code Enforcement Officer that the
OWF will operate in compliance with applicable laws and ordinances
and will not be a nuisance.
(3)
Demonstrating to the Building Department and/or Code Enforcement
Officer that the OWF is installed in compliance with the OWF manufacturer's
instructions.
G.
On the transfer of an ownership interest in real property on which an OWF is located, the operation and use of the OWF is prohibited unless and until a new permit and approval of the OWF is issued in accordance with § 47-4 of this article. Until such permit and approval are issued, the OWF shall either be removed from the subject property or rendered inoperable until such time as the permit and approval are issued.
OWFs shall be constructed, established, installed, operated
and maintained pursuant to the following conditions:
A.
Fuel burned in any new or existing OWFs shall be only natural untreated
wood, wood pellets, corn products, biomass pellets or other listed
fuels specifically permitted by the manufacturer's instructions,
such as fuel oil, natural gas, or propane backup.
B.
New or existing OWFs shall not be located in front of a primary residence
or, in the case of corner lots, in front of or to the side of a primary
residence facing an abutting road.
C.
No new OWF shall be located within 500 feet of the property line
of a school, day care, medical facility or public park.
D.
The following fuels are strictly prohibited in any new and/or existing
OWF:
(1)
Wood that has been painted, varnished or coated with similar material
and/or has been pressure-treated with preservatives and contains resins
or glues as in plywood or other composite wood products.
(2)
Rubbish or garbage, including but not limited to food wastes, food
packaging, and food wraps.
(3)
Any plastic materials including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers.
(4)
Rubber, including tires or other synthetic rubber-like products.
(5)
Newspaper, cardboard, or any paper with ink or dye products.
(6)
Any other items not specifically allowed by the manufacturer or this
provision.
E.
Setbacks for any new OWF model.
(1)
A new OWF shall not be located within 50 feet of the side-yard boundaries of the subject property or within 125 feet of the rear-yard boundaries of the subject property. Any setback requirements of Chapter 134, entitled "Zoning," of the Andover Borough Ordinances which are more stringent shall apply.
(2)
The OWF shall be located at least 200 feet from any residence not
served by the OWF.
(3)
The OWF shall be located on the property in compliance with manufacturer's
recommendations and/or testing and listing requirements for clearance
to combustible materials.
F.
Chimney heights for any new OWF model.
(1)
The chimney of any new OWF shall extend at least two feet above the
peak of any residence not served by the OWF located within 300 feet
of such OWF.
(2)
For distances of not less than 300 feet but no more than 500 feet
from any residence not served by the furnace, the stack height shall
be at least 25% of the peak line of that residence, plus an additional
two feet.
(3)
If located more than 500 feet from any residence not served by the
furnace, the stack height shall be in accordance with manufacturer's
instructions but in no case be less than five feet above the peak
roofline of the furnace unit.
G.
Outdoor wood-pellet furnaces that are specifically designed to burn
wood-pellet fuel, corn or other biomass pellets with metered fuel
and air feed and controlled combustion engineering shall be installed
per the manufacturer's recommendations.
Any OWFs existing on the effective date of this article shall be permitted to remain, provided that the owner applies for and receives from the Borough Building Department a permit and approval for the OWF within one year after the effective date of this article and includes in the application the documents required by § 47-6D of this article and the fee required per § 47-4 of this article. Notwithstanding the fact that an owner of an OWF in existence on the effective date of this article has one year to receive such permit and approval, the OWF must nonetheless meet the definition and requirements pertaining to "existing outdoor wood furnance," set forth in § 47-3 of this article within 60 days of the effective date of this article. If the owner of an existing OWF does not comply with this section, the owner shall remove the OWF from the premises promptly upon such noncompliance.
This article does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances; to
burning in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation, unless the material(s)
being burned are specifically precluded by this article; or to the
use of propane, acetylene, natural gas, gasoline or kerosene in a
device intended for heating, construction or maintenance activities.
Failure to comply with any of the provisions of this article
shall be a violation and, upon conviction thereof, shall be punishable
by a fine of not more than $500 or imprisonment for a period of not
more than 10 days, or both, for a first offense. Any subsequent offense
shall be punishable by a fine of not more than $1,000 or imprisonment
for a period of not more than 30 days, or both. In addition, any permit
and/or approval issued pursuant to this article shall be revoked upon
conviction of a second offense, and the subject OWF shall not be eligible
for another permit. Each day that a violation occurs shall constitute
a separate offense. The owners of premises upon which prohibited acts
occur shall be jointly and severally liable for violations of this
article. Any fine imposed hereunder shall constitute a lien upon the
real property where the OWF is located until paid.
The Code Enforcement Officer of Andover Borough or any authorized
officer, agent, employee or representative of the Borough who presents
credentials may inspect any property for the purpose of ascertaining
compliance with the provisions of this article. If the owner or occupant
of the premises denies access to the property for this purpose, the
Borough may apply for a court order or warrant pursuant to law to
compel entry to the property to carry out the provisions of this article.
Nothing contained herein shall authorize or allow burning which
is prohibited by codes, laws, rules or regulations promulgated by
the United States Environmental Protection Agency, the NJDEP or other
federal, state, regional or local agency. OWFs, and any electrical,
plumbing or other apparatus or device used in connection with an OWF,
shall be installed, operated and maintained in conformity with the
manufacturer's specifications and any and all local, state and
federal codes, laws, rules and regulations. In case of a conflict
between any provision of this article and any applicable federal,
state or local ordinances, codes, laws, rules or regulations, the
more-restrictive or more-stringent provision or requirement shall
control.
