This regulation applies to all outdoor wood burning within the
Town of Littleton for the purpose of domestic or commercial heating
purposes.
Should any portion of this regulation be declared unconstitutional,
or invalid or unenforceable by a court of competent jurisdiction,
the other provisions of these regulations shall remain in full force
and effect.
As used in this chapter, the following terms shall have the
meanings indicated:
CLEAN WOOD FUEL
Natural wood which has not been painted, varnished or coated
with a similar material, has not been treated with preservatives and
does not contain resins or glues as in plywood or other composite
wood products. Products manufactured specifically for use in stoves
and fireplaces such as wood pellets and manufactured logs are considered
clean wood fuel, provided they are used in compliance with the manufacturer's
requirements.
EPA OWHH PHASE II PROGRAM
The EPA OWHH (Outdoor Wood-fired Hydronic Heater) Phase II
Program administered by the United States Environmental Protection
Agency.
EPA OWHH PHASE II PROGRAM QUALIFIED MODEL
An outdoor wood-fired hydronic heater that has been EPA OWHH
Phase II Program qualified. The model has met the EPA OWHH Phase II
emission level and has the proper qualifying label and hangtag.
FIRE CHIEF
The Chief of the Town of Littleton Fire Department may appoint
a delegate to act on his behalf.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
OUTDOOR WOOD-FIRED FURNACE
Any equipment, device, appliance or apparatus, or any part
thereof, which is installed, affixed or situated outdoors for the
primary purpose of combustion of fuel to produce heat or energy used
as a component of a heating system providing heat for any interior
space or water source. An outdoor wood furnace may also be referred
to as an outdoor wood boiler or outdoor wood-fired hydronic heater.
REFUSE
Any waste material except clean wood as defined above.
Open burning, outdoor burning and refuse burning are prohibited
in the Town of Littleton unless the burning or activity is specifically
permitted by the Fire Chief, the Department of Environmental Protection
or this regulation.
No materials, other than clean wood fuel, may be burned within
an outdoor wood-fired furnace.
An outdoor wood-fired furnace may be installed and used in the
Town of Littleton only in accordance with the following provisions:
A. The owner of the outdoor wood-fired furnace shall obtain a permit from the Board of Health prior to installation. Owners of outdoor wood furnaces installed prior to these regulations are exempt from the provisions of this regulation except as detailed in §
218-9D. All owners are required to apply for a permit within 60 days of the passage of these regulations or cease operations. The Board will act upon an application for permits for existing units within 30 days of receipt of a completed application. The Board will act upon an application for a new unit within 30 days and hold a hearing for new units within 30 days of submittal of a complete application.
B. Permits shall be issued in accordance with §
218-9 of these regulations.
C. The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in §
218-6 of this regulation.
D. The outdoor wood-fired furnace shall be located at least 300 feet
from the nearest habitable space which is not on the same property
as the outdoor wood-fired furnace.
E. A residential outdoor wood-fired furnace shall be located at least
100 feet from the nearest roadway, driveway or right-of-way which
is not on the same property as the outdoor wood-fired furnace.
F. The outdoor wood-fired furnace shall have a chimney that extends
at least two feet higher than the peak of the residence served. The
Board of Health may approve a lesser height on a case-by-case basis
if necessary to comply with manufacturer's recommendations and
if the smoke from the lower chimney height does not create a nuisance
for neighbors.
G. New outdoor wood-fired furnaces must meet or exceed the EPA OWHH
Phase II Program requirements as provided in the definitions above.
H. No outdoor wood-fired furnace shall cause, suffer, allow, or permit
the emission of smoke from any outdoor wood-fired furnace which has
a shade, density, or appearance equal to or greater than 20% opacity
at any time.
I. Any OWFF shall be a minimum of 50 feet from any side and rear property
lines.
Whoever violates these regulations shall be punished, for the
first offense, by a fine of not less than $100 nor more than $500;
and, for a subsequent offense, by a fine of not less than $500 nor
more than $1,000. For the purpose of this section, each day or part
thereof of violation of such an order, rule or regulation, whether
such violation be continuous or intermittent, shall be construed as
a separate and succeeding offense.
These regulations were voted and approved by a vote at the Board
of Health meeting on March 10, 2009, and shall take effect upon approval
by the Department of Environmental Protection.