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.