Whereas, the Kingston Board of Health recognizes the need to protect the public from detrimental effects from pollutants produced by outdoor wood-burning furnaces, hereby enacts the following:
[Added 10-10-2006]
The Kingston Board of Health, pursuant to the authority granted under MGL c. 111, § 31, hereby adopts the following regulation to protect the public health of the community.
For the purposes of this article:
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 and/or hot water 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 firepit, wood-fired barbecue or chimney-type devices.
No person shall install, establish, modify, operate or use an outdoor wood-burning furnace unless the outdoor wood-burning furnace complies with the following:
A.
The installation of the outdoor wood-burning furnace shall not be less than 100 feet from a building not serviced by the outdoor wood-burning furnace.
B.
The installation of the outdoor wood-burning furnace shall not be less than 200 feet from any property line.
C.
The height of the chimney of the outdoor wood-burning furnace shall exceed the elevation of the roof peaks of buildings located within 500 feet of the outdoor wood-burning furnace, which buildings are not served by the outdoor wood-burning furnace; provided, further, that in no event shall the height of the chimney be less than 16 feet, nor shall the chimney height exceed 35 feet from the ground level.
D.
The chimney of an outdoor wood-burning furnace must be equipped with a properly functioning spark arrestor system.
E.
The material burned in the outdoor wood-burning furnace should only consist of wood that has not been chemically treated, painted or stained; in no case shall demolition product or pallets be used as a wood source.
F.
The installation of the outdoor wood-burning furnace is in accordance with the manufacturer's written instructions, provided such instructions do not conflict with the provisions of this regulation.
G.
The operation of the outdoor wood-burning furnace does not create a nuisance or a public health hazard.
The Kingston Board of Health and the Health Agent are authorized to enforce this regulation.
Any person may apply for a waiver to the Kingston Board of Health from one or more of the provisions of this regulation. Every waiver request shall be made in writing and shall be submitted in person or by certified mail to the Kingston Board of Health and shall be subject to a public hearing before the Board of Health. The requesting party, at their sole expense, must notify all property owners within 300 feet of their property boundary by certified mail at least 10 days prior to the public hearing.
Any person who operates an outdoor wood-burning furnace in violation of this regulation shall be deemed to have committed an infraction and shall be fined in accordance with the provision of MGL c. 40, § 21D, as defined in the General Bylaws.
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 any remaining part(s), paragraph(s), provision(s) or section(s) of this regulation, which shall continue in full force and effect.
This regulation shall take effect immediately upon its passage and advertisement in a newspaper of general circulation in the Town of Kingston.