Town of South Hadley, MA Article VIII Outdoor Wood-Burning Boilers

[Adopted effective 2-1-2007]

§ 300-56 Findings and purpose; effective date.

A. Whereas outdoor wood-burning boilers have been shown, because of their design, to emit high quantities of particulate matter and other noxious fumes; and whereas health, safety and nuisance problems have arisen from the use of these boilers; and whereas poor management and poor fuel exacerbate the effects of the smoke created by the firing of these units; the Board of Health of the Town of South Hadley, pursuant to MGL c. 111, §§ 31 and 31C, hereby adopts these regulations in order to minimize the human health hazards resulting from the smoke and noxious fumes emitted by outdoor wood-burning boilers, to encourage proper techniques in the use and location of these boilers, and to promote the public comfort and convenience.

B. These regulations shall be effective February 1, 2007.

§ 300-57 Definitions.

As used in this article, the following terms shall have the meanings indicated:

OUTDOOR WOOD-BURNING BOILER

A wood-fired boiler, surrounded by a water jacket, in a freestanding structure with a smoke stack, used to heat water that is carried by piping to provide heat or hot water to a building/dwelling.

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, bark, chips waste pallets. This definition does not include materials chemically treated with any preservative, paint or oil.

§ 300-58 Permit required; nuisances.

A. A permit is required from the Board of Health to operate an existing outdoor wood-burning boiler after February 1, 2007. The use of an existing outdoor wood-burning boiler shall conform to the following conditions:

(1) Boilers located less than 400 feet from a dwelling other than the one being served must have a smokestack height of at least 50% of the height of the eave line of the highest abutting residence plus two feet.

(2) Manufacturer's recommendations for the installation and use of the unit must be followed.

(3) Only untreated wood fuel may be burned in the boiler unit.

(4) The use of an existing outdoor wood burning boiler not permitted within 60 days of the effective date of these regulations is prohibited.

B. The Board of Health shall have the right to take appropriate enforcement or other action, in accordance with Chapter 111 of the General Laws, with respect to any such boiler that it determines constitutes a nuisance.

C. The installation of outdoor wood burning boilers after the effective date of these regulations is prohibited.

§ 300-59 Severability.

If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.

§ 300-60 Variances.

A. 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.

B. All variances shall be considered at a hearing by the Board of Health.

§ 300-61 Violations and penalties.

Any violation of these regulations shall be punished as described in MGL c. 111, § 31C. Each day of violation shall constitute a separate offense.