[HISTORY: Adopted by the City Council of
the City of Bangor as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. VII, Art. 12; amended 8-11-1980]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person, firm or corporation shall install,
maintain or use any oil- or solid-fuel-burning equipment or fuel storage
tank within the City of Bangor except as permitted under 32 M.R.S.A.
§ 18101 et seq.
[Amended 10-28-1985 by Ord. No. 85-355; 9-14-1998 by Ord. No. 98-339; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
No person, firm or corporation shall install any such equipment or tank without application for a permit therefor having first been made to the Code Enforcement Division. Such application shall describe the installation to be made, the premises upon which it is to be made and the name of the person, firm or corporation making such installation. Application for such permit shall be in writing, signed by the owner of the premises upon which such equipment or tank is to be installed or by the person who shall make such installation. The fee for such permit shall be as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code and shall cover the cost of the inspection hereinafter required.
After such equipment or tank has been installed
and within five days after notice thereof from the applicant for the
permit, the Chief of the Fire Department or a fire inspector shall
inspect the same, and the Chief shall issue an inspection report upon
being satisfied that such equipment and tank and the installation
thereof comply with the requirements of this article. No person, firm
or corporation shall use any such equipment or tank or maintain the
same for more than four days after installation of the same shall
have been completed unless an approved inspection report for such
equipment or tank shall be in effect. Failure to inspect equipment
within the specified time shall constitute approval.
No permit shall be required for the maintenance or use of any such equipment or tank where such equipment or tank was installed prior to August 22, 1980; provided, however, that the maintenance and use of such equipment and tank shall conform to the standards set forth in § 128-1 of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any equipment or tank should not comply with the standards set in § 128-1 hereof, the Chief of the Fire Department shall notify the installer and set forth wherein the installation does not meet the specifications of the standards. The installer shall have seven days after the date of notification to comply with the standards set in § 128-1 hereof. If, at the end of the specified time limit, the Fire Chief shall determine that the installation is still in violation of the standards as set forth in § 128-1, they shall give written notice that such equipment or tank does not conform to the standards set in § 128-1 hereof to the State of Maine Fuel Board, and the permit shall be automatically revoked.
The Chief of the Fire Department or any member
of their Department duly authorized shall have access at reasonable
times to the records of all suppliers of oil- or solid-fuel-burning
equipment in this City for the purpose of ascertaining to whom such
equipment has been sold or supplied.
No person, firm or corporation shall use oil
in any oil- or solid-fuel-burning equipment in this City unless its
flash point is not less than 100º F., closed cup test.
[Amended 9-14-1998 by Ord. No. 98-339]
Violation of this article shall be punished
by penalties imposed in accordance with 30-A M.R.S.A. § 4452.
Each day of violation shall be a separate offense. All fines assessed
under this article shall inure to the benefit of the City of Bangor.
[Adopted as Ch. VII, Art. 16]
[1]
Editor's Note: Throughout this article, references
to the "Director of Code Enforcement and Fire Prevention" were amended
to "Code Enforcement Officer" 9-14-1998 by Ord. No. 98-339.
The purpose of this article is to protect the
lives and property of the citizens of the City of Bangor from fire
hazards incident to the improper construction and installation of
solid fuel stoves.
[Amended 9-14-1998 by Ord. No. 98-339;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall install any solid fuel stove in any building or structure within the City of Bangor without first filing an application with the Code Enforcement Division, in writing, and obtaining the required permit therefor. The application for a solid fuel stove permit shall be submitted in such form as the Division may prescribe and shall be accompanied by a fee as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code for each solid fuel stove installed. Any permit issued under this section shall become invalid if the authorized work is not completed within one year from the date the permit is issued.
All solid fuel stoves within the City of Bangor
shall conform to the requirements of this article. Such requirements
shall be minimum requirements only and shall not be construed otherwise,
nor shall they displace stricter requirements prescribed by other
provisions of the state statutes or regulations, the Code of the City
of Bangor or stricter recommendations of a manufacturer, which said
stricter requirements shall control; provided, however, that a solid
fuel stove or accessory thereto which is approved and listed by Underwriters'
Laboratories, Inc., Factory Mutual System or Energy Testing Laboratory
of Maine, Southern Maine Vocational Technical Institute, and which
is installed in accordance with the conditions of its listing shall
be deemed to comply with the requirements of this article; provided,
further, that the Code Enforcement Officer may approve the use of
substitute materials and accessories which equal or exceed the safety
standards established by this article and may establish specifications
for such materials and accessories.
The following definitions shall apply unless
the context clearly indicates another meaning:
The Code Enforcement Officer of the City of Bangor or their
authorized representative.
Material made of or surfaced with wood, compressed paper,
plant fibers, plastics or other material that will ignite and burn,
whether flameproofed or not or whether plastered or unplastered.
A hearth, fire chamber or similarly prepared place and a
chimney.
FACTORY-BUILT FIREPLACEA fireplace composed of listed factory-built components assembled in accordance with the terms of listing to form the completed fireplace.
MASONRY FIREPLACEA hearth and fire chamber of solid masonry units, such as bricks, stones, listed masonry units or reinforced concrete, provided with a suitable chimney.
A factory-built, field-installed product consisting of a
firebox assembly designed to be installed within or partially within
the fire chamber of a fireplace which uses the fireplace flue to vent
the products of combustion.
Noncombustible surfacing applied to the floor area underneath
and extending in front, to the sides and to the rear of a heat-producing
appliance.
The general term for a passage through which flue gases pass
from the combustion chamber to the outer air.
To set or place in position and connect for use, whether
or not in conformance with the requirements of this article.
The National Fire Protection Association. NFPA publications
shall be designated by the initials "NFPA" followed by the number,
title and edition year of the publication.
Any person, including an owner, who has actual possession
of any premises.
Any person who alone, jointly, severally or jointly and severally
with others:
Any individual, firm, corporation, partnership, company,
association or trust.
A self-contained, freestanding air-heating appliance intended
for installation in the space being heated and not intended for duct
connection.
ROOM HEATER, CIRCULATINGA room heater with an outer jacket surrounding the heat exchanger arranged with openings at top and bottom, so that air circulates between the heat exchanger and the outer jacket. Room heaters which have openings in an outer jacket to permit some direct radiation from the heat exchanger are classified as radiant type.
ROOM HEATER, FIREPLACE STOVE, COMBINATIONA chimney-connected, solid-fuel-burning room heater which is designed to be operated with the fire chamber either open or closed.
ROOM HEATER, RADIANTA room heater designed to transfer heat primarily by direct radiation.
ROOM HEATER, SOLID FUELA chimney-connected, solid-fuel-burning room heater which is designed to be operated with the fire chamber closed.
A factory built or listed product designed to heat water
or produce steam to heat a building and/or provide domestic hot water
by means of burning a solid fuel such as wood, wood products or coal
in a closed combustion chamber.
[Added 10-23-2006 by Ord. No. 06-340]
Any appliance designed or used to burn wood, coal or any
other solid fuel matter for the purpose of heating or cooking.
NFPA publications or parts thereof reproduced
and incorporated herein are copyrighted. The reproduction or incorporation
of such documents or parts thereof herein shall not constitute permission
to reproduce or reprint any such document or part thereof; provided,
however, that any person may reproduce this article or any section
or subsection thereof.
Every solid fuel stove shall be so constructed
and maintained as to be capable of containing the combustion of solid
fuel, preventing the spread of fire to surrounding areas and safely
exhausting flue gases.
[Added 10-23-2006 by Ord. No. 06-340; amended 7-28-2008 by Ord. No. 08-183]
Solid fuel boilers are prohibited from freestanding
outdoor installation or installation in a freestanding accessory structure
in all zones except G&ISD, ADD, UID, and I&S In all but these
specified zones, solid fuel boilers must be installed within the primary
use structure to which they provide heat/hot water and be installed
and operated in accordance with the manufacturer's installation instructions,
NFPA 211 (Chimney and Vents) and any other applicable building code
requirements. Notwithstanding the above, in G&ISD, ADD, UID, and
I&S zones, solid fuel boilers, also known as "biomass boilers,"
may be installed in a freestanding, accessory structure. The unit
shall meet Maine Department of Environmental Protection regulations
set forth in the Code of Maine Rules, 06-096 CMR Chapter 150: Control
of Emissions from Outdoor Wood Boilers, and any other applicable federal,
state, or local laws and regulations.
A.
Normal clearances. Clearances between solid fuel stoves
and combustible materials shall be as set forth in Table 1.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Clearances with specified form of protection. The
clearances specified in the foregoing table may be reduced as provided
in Table 2; provided, however, that in no case shall a solid fuel
stove be so installed that protection from more than two vertical
sides is required.[2]
[2]
Editor's Note: Said table is on file in the
Code Enforcement Office.
No solid fuel stove shall be installed on a
floor made of or covered by combustible material unless a clearance
of at least six inches of open space between the fire box of the stove
and the floor or floor covering is provided and the stove is mounted
on No. 24 gauge or thicker sheet metal, over closely spaced solid
masonry units not less than two inches in thickness, which entirely
covers the floor under the stove and extends out at least 18 inches
beyond the stove at the front or sides from which ashes are removed
and at least six inches on other sides.
A.
Chimney required. Solid fuel stoves shall be vented
only through masonry chimneys or through factory-built chimneys which
are listed by Underwriters' Laboratories, Inc., Factory Mutual System
or the Energy Testing Laboratory of Maine and which are installed
in accordance with the conditions of their testing.
B.
Cleanout openings required in masonry chimneys. Masonry
chimneys shall have cleanout openings at their bases which shall be
equipped with iron doors and frames.
C.
Lining required in masonry chimneys; exception. Masonry
chimneys shall be lined with five-eights-inch thick fire clay flue
lining or the equivalent which shall extend the entire height of the
chimney from the top of the cleanout door, provided that a lining
shall not be required if the chimney is shown to the satisfaction
of the Code Enforcement Officer to be in safe operating condition.
D.
Cleanout sections required in factory-built chimneys.
Factory-built chimneys shall be equipped with cleanout sections at
their bases.
A.
Stovepipe required; exception; specifications. Unless
the chimney is attached directly thereto, every solid fuel stove shall
be connected to a chimney by means of a stovepipe made of noncombustible,
corrosion-resistant, twenty-four-gauge steel, except that a stove
having an inside diameter of less than six inches may be made of twenty-six-gauge
steel.
B.
Inside diameter. The inside diameter of a stovepipe
shall be no less than the inside diameter of the stove flue collar.
C.
Normal clearance. The clearance between a stovepipe
and the nearest combustible material shall be no less than 18 inches
measured from the outer surface of the stovepipe to the combustible
material, disregarding any protective material applied to the combustible
material, unless the manufacturer specifies otherwise.
E.
Connection to chimney. A stovepipe to a chimney shall
extend through the chimney wall to the inner face or liner but not
beyond and shall be firmly mounted to the masonry. Stovepipe thimbles
used in chimneys shall be permanently cemented in place with high-temperature
cement.
F.
Passage through floors, ceilings, fire walls and fire partitions prohibited; requirements for passage through fire walls and partitions. No stovepipe shall pass through a floor or ceiling or through a fire wall or fire partition. A stovepipe must satisfy the clearance requirements of Subsection C of this section which passes through a wall or partition constructed of combustible material or be held apart from the wall by means of a metal ventilated thimble not less than 12 inches larger in diameter than the stovepipe or by a metal or burned fire clay thimble built in brickwork or equivalent fireproofing material extending not less than eight inches beyond all sides of the thimble.
G.
Rise. Stovepipes shall have a rise of at least 1/4
inch per horizontal foot from the stove to the chimney.
H.
Most direct connection required; support; joints to
be securely fastened. Stovepipes shall make the most direct connection
possible and shall be securely supported. Joints in stovepipes shall
be securely fastened.
I.
Connection to flue through which mechanical draft
appliance vented. If a solid fuel stove is connected to a flue through
which a mechanical draft appliance is also vented, the solid fuel
stove shall be connected to the flue above the point of connection
of the mechanical draft appliance.
J.
Solid fuel stoves and other natural draft appliances
not to be connected to same flue; exception. No solid fuel stove shall
be connected to a flue to which another natural draft appliance is
connected unless sufficient draft is available to the stove and such
other appliance for safe combustion and removal of combustion products
to the outdoors. The burden shall be upon the owner or occupant to
establish that the requirement of this subsection has been satisfied.
[Amended 9-14-1998 by Ord. No. 98-339]
The Code Enforcement Division shall have the
authority, upon proper identification and at any reasonable time,
to enter any premises within the City of Bangor in order to determine
whether any solid fuel stove installed therein or installation of
such stove complies with the requirements of this article or whether
an order of the Code Enforcement Division made pursuant to this article
has been obeyed. In cases where the occupant of the premises denies
entry, the Code Enforcement Division may seek administrative search
warrants in accordance with the general law pertaining to such warrants.
A.
Notice of defective condition and order to correct;
order prohibiting operation. If, upon inspection, the Code Enforcement
Officer shall determine that a solid fuel stove or the installation
of a solid fuel stove fails to comply with any requirement of this
article, they shall first give the owner or occupant of the premises
in which the solid fuel stove is located a written notice of and an
order to correct the defective condition. The order shall state a
reasonable time within which the defective condition must be corrected.
If the Code Enforcement Officer determines that the defective condition
constitutes an imminent fire hazard, they shall prohibit the owner
or occupant from operating the solid fuel stove until the Code Enforcement
Officer has determined that the defective condition has been corrected.
The Code Enforcement Officer may take such measures as they deem necessary
to ensure compliance with such order.
B.
Reinspection; further action if condition not corrected.
After the expiration of the time for correction of such condition,
the Code Enforcement Officer shall reinspect the premises and, if
the condition has not been corrected and no appeal is pending as hereinafter
provided, the Code Enforcement Officer may make such further order
as they deem advisable or take legal action with respect to the condition.
C.
Alternative compliance with order. An order of the
Code Enforcement Officer to correct a defective condition shall be
deemed satisfied if, in the judgment of the Code Enforcement Officer,
the solid fuel stove has been disconnected and placed out of operation
in such a manner as to clearly indicate that the owner or occupant
has no present intention to operate the solid fuel stove. No such
solid fuel stove shall be subsequently reinstalled except in compliance
with the order of the Code Enforcement Officer and all other requirements
of this article. The Code Enforcement Officer shall order the owner
or occupant, or both, not to place the solid fuel stove in operation
again until the Code Enforcement Officer has been notified of the
intention of the owner or occupant to do so.
[Amended 9-14-1998 by Ord. No. 98-339]
Any person who is aggrieved by an order or decision
of the Code Enforcement Officer pursuant to this article may appeal,
in writing, within 10 days to the Board of Appeals. The Board of Appeals
may affirm, reverse, affirm or reverse in part or modify such order
or decision of the Code Enforcement Officer and may permit variances
from the specific provision of this article in cases where the enforcement
thereof would result in undue hardship, which is not mere economic
inconvenience, subject always to the rule that the Board of Appeals
shall give due consideration to the purposes of the article in promoting
fire safety. During the pendency of an appeal, the decision or order
of the Code Enforcement Officer shall be stayed, except that an order
prohibiting the operation of a solid fuel stove in any case in which
the Code Enforcement Officer has determined that a condition constitutes
an imminent fire hazard shall not be stayed.
[Amended 3-26-1990 by Ord. No. 90-118; 9-14-1998 by Ord. No. 98-339]
Violation of this article, including the failure
or refusal of any person to obey an order of the Code Enforcement
Officer made pursuant to this article, shall be punished by penalties
imposed in accordance with 30-A M.R.S.A. § 4452. Each day
that such a violation is permitted to exist, after notification by
the Code Enforcement Officer, shall constitute a separate offense.
