By the authority granted to the Board of Health, pursuant to and in accordance with, MGL c. 111, §§ 31, 31C and 122, the Belchertown Board of Health hereby enacts the following regulations.
These regulations shall apply to each OWB/F installed on or after October 1, 2007. In addition, any existing OWB/F installed and/or in use prior to the effective date of these regulations have until January 1, 2008, to come into compliance with these regulations.
OUTDOOR WOOD-FIRED BOILER A wood-fired boiler surrounded by a water jacket, in an insulated freestanding shed with a smoke stack and used to heat water that is carried by underground pipes to provide heat to a building. This definition does not include industrial-sized furnace/boiler plants regulated and permitted by the MA Department of Environmental Protection and which utilized best available control technology (BACT) for emission control.
OUTDOOR WOOD-FIRED FURNACE An accessory structure or appliance designed to be located outside space ordinarily used for residential, business or industrial purposes which is designed to provide heat, via liquid or other means, through the burning of wood, for heating spaces other than where such structure or appliance is located, or for heating domestic, swimming pool, hot tub or Jacuzzi water. "Outdoor wood-burning furnace" does not include a fire pit, wood-fired barbecue or chimney. This definition does not include industrial-sized furnace/boiler plants regulated and permitted by the MA Department of Environmental Protection and which utilized best available control technology (BACT) for emission control.
SEASON WOOD Wood that has been cut a year and dried at least six months, or by other means, to achieve moisture content (MC) less than 20% by weight.
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, clean and untreated pallets. This definition does not include materials chemically treated with any preservative such as paint, oil-base product or pressure treated, trash or garbage, paper products, or demolition material.
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.
If any part, paragraph, provision or section of this regulation is determined by any court to be invalid, against public policy, or unconstitutional, said finding shall not affect the legality of the remaining part(s), paragraph(s), provision(s) or section(s) of this regulation which shall continue in full force and effect.
The Board of Health may vary any provision of these regulations with respect to any particular case when, in its opinion, (1) the enforcement thereof would do manifest injustice, and (2) 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.