[Adopted effective 2-1-2007]
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
Any violation of these regulations shall be punished as described
in MGL c. 111, § 31C. Each day of violation shall constitute
a separate offense.
