[Ord. of 2-4-2008]
For the purposes of this chapter, the following words and phrases
shall have the meanings given herein:
CLEAN WOOD
Wood that has no paint, stain, or other types of coatings,
and wood that has not been treated with, including, but not limited
to, copper chromium arsenate, creosote, or pentachlorophenol.
NUISANCE
Emission of air contaminants to the outdoor atmosphere of
such quality, characteristic or duration that is injurious to human,
plant or animal life or to property, or that unreasonably interferes
with the comfortable enjoyment of life or property.
OUTDOOR WOOD BOILER
A fuel-burning device:
(a)
Designed to burn wood or other solid fuels;
(b)
That the manufacturer specifies for outdoor installation or
in structures not normally occupied by humans; and
(c)
That heats building space and water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
PROPERTY LINE
A line bounding a lot which divides one lot from another
or from a street or any other public or private space.
[Ord. of 2-4-2008]
This chapter applies to all land areas within the boundaries
of the City of Old Town.
[Ord. of 2-4-2008]
No person shall install, use, operate or maintain an outdoor
wood boiler without first having obtained a permit from the City of
Old Town Fire Department.
[Ord. of 2-4-2008]
Within 60 days of the effective date of this chapter, any person
operating or maintaining an outdoor wood boiler shall apply to the
City of Old Town Fire Department for a permit to maintain the outdoor
wood boiler. If an application is made within the time required, the
use may continue pending consideration by the Fire Department. If
the application is denied, the use shall be terminated. If the application
is granted, the use shall comply with the provisions of this chapter.
[Ord. of 2-4-2008]
An outdoor wood boiler shall comply with the following requirements:
(a) Permitted fuel. Only clean wood is permitted to be burned in an outdoor
wood boiler. Burning any other material in an outdoor wood boiler
is expressly prohibited and is a violation of this chapter.
(b) Emissions standard. No person shall own, operate or maintain an outdoor
wood boiler unless it meets a particulate matter emission limit of
0.32 pound per million British Thermal Units ("lbs/MMBtu") heat input.
(c) Setback and stack height requirements.
(1) No person shall install, own, operate or maintain an outdoor wood
boiler that has been certified to meet a particulate matter emission
limit of 0.32 lbs/MMBtu, unless:
a. If no residence is located within 300 feet from the outdoor wood
boiler, the outdoor wood boiler shall be installed at least 100 feet
from the nearest property line and have an attached stack with a minimum
stack height of 10 feet above ground level;
b. If a neighboring residence is located within 300 feet from the outdoor
wood boiler, the outdoor wood boiler shall be installed at least 100
feet from the nearest property line and have a permanent stack height
extending two feet higher than the peak of the roof of the structure
being served by the outdoor wood boiler.
(d) Certification. No person shall own, operate or maintain an outdoor
wood boiler in the City unless the outdoor wood boiler has received
certification pursuant to the United States Environmental Protection
Agency Outdoor Wood-Fired Hydronic Heater Program or an alternative
certification program approved by the Maine Department of Environmental
Protection for certification of outdoor wood boilers. The certification
shall demonstrate that the outdoor wood boiler meets the applicable
emission standard of this chapter.
(e) Months of operation. Outdoor wood boilers may be operated only between
October 15 and April 15 of each year.
(f) Nuisance. No person shall operate an outdoor wood boiler in such
a manner as to create a nuisance.
(g) Replacements. If an outdoor wood boiler is replaced or upgraded, a permit shall be required pursuant to §
25-4 above, and it shall comply with all sections of this chapter.
(h) Prohibited zones. Outdoor wood boilers are prohibited in Zones R-1,
R-2, C-1, C-3, C-4, and C-5.