This chapter shall be known as "The City of Warren Wood-Fired
Boiler Ordinance."
Residences and commercial and industrial establishments located
within the City of Warren are entitled to clean air and environmental
conditions free of unreasonable dust, smoke, odors, fumes and smells
as well as an environment which is free of stored debris and combustible
fuels in outdoor areas within the densely populated City. Research
indicates that outdoor wood-fired boilers generate emissions which
cross property lines, and because these emissions, including but not
limited to smoke, stay close to the ground, they readily infiltrate
neighboring residences and buildings and can easily come into contact
with people and animals both indoors and outdoors. These emissions
have been observed to cause poor visibility, including upon streets,
highways and alleys within the City. These emissions can aggravate
cardiovascular and respiratory health problems, such as angina and
asthma, bronchitis and emphysema, as well as irritate the eyes and
lungs of healthy persons. It is the purpose of this chapter to impose
reasonable restrictions and regulations upon the installation and
maintenance of new outdoor wood-fired boilers and the maintenance
of existing boilers to prevent and control air pollution therefrom
to protect the public health, safety and general welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
CHIMNEY
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor furnace.
OUTDOOR WOOD-FIRED BOILER
Any fuel-burning device designed:
A.
To burn clean wood or other approved solid fuels;
B.
By the manufacturer specifically for outdoor installation; and
C.
To heat building space and/or water via distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture. These appliances are also referred to
as "outdoor wood boilers," "outdoor furnaces," "outdoor wood-burning
appliances," "outdoor hydronic heaters" and other names.
PERSON
Any individual, agent, independent contractor, business,
partnership, limited liability company, corporation or other legal
entity.
SMOKE
Any by-product, whether visible or not visible, produced
by the combustion or burning of any material when operating an outdoor
wood-fired boiler.
Outdoor wood-fired boilers shall only be operated between September
15 and May 15.
The standards and regulations set forth in this chapter, with the exception of those standards and regulations set forth in §
466-4 hereof, shall apply to all outdoor wood-fired boilers already being operated within the City of Warren on the date this chapter is enacted, at the effective date set below. An application for a permit meeting all requirements of this chapter, with the exception of those standards and regulations set forth in §
466-4 hereof, must be submitted within six months of the effective date of this chapter for any existing outdoor wood-fired boilers. If the owner of an existing outdoor wood-fired boiler does not submit an application within six months of the effective date of this chapter, or if a timely application is made but no permit is issued due to failure to comply with this chapter, the outdoor wood-fired boiler shall be removed and no further installation of an outdoor wood-fired boiler may occur without obtaining a permit based upon an application showing compliance with all of the provisions of this chapter.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 and, in default of payment, to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense. A second conviction for violation
of this chapter shall result in the permanent revocation of the permit
issued for the offending outdoor wood-fired boiler.
Any outdoor wood-fired boiler discovered to be operating in
violation of any provision of this chapter shall be extinguished immediately.
Any police officer, code enforcement officer, fire official or other
designated official of the City may order the immediate extinguishment
of any fire in any outdoor wood-fired boiler being operated in violation
of the provisions of this chapter. Said official or agent may take
any reasonably prudent action to extinguish or cause the extinguishment
of any fire in any outdoor wood-fired boiler believed to be operated
in a manner which violates the provisions of this chapter. Failure
to follow the directives of such official or agent shall constitute
a violation of this chapter.
Nothing contained in this chapter shall authorize an installation
or operation that is a public or private nuisance, regardless of compliance
herewith. In addition, this chapter or compliance herewith shall not
be a defense to any civil claims.
The City of Warren, its agents, officials and representatives
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this chapter or by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this chapter. The person responsible for any such burning activity
shall bear sole liability for any damages caused as a result thereof.