[HISTORY: Adopted by the Board of Health of the Town of Westminster
as amended through 11-5-2008. Subsequent amendments noted where applicable.]
This regulation is adopted under MGL c. 111, §§ 31,
31C, 142B, 142D, and 310 CMR 7.52, which gives the Westminster Board
of Health authority to make reasonable health regulations. This regulation
is also adopted under MGL c. 111, § 122, which directs the
Board of Health to examine all nuisances, sources of filth, and causes
of sickness within its Town which may, in its opinion, be injurious
to the public health and to destroy, remove, or prevent the same.
Outdoor hydronic heaters have been shown, because of their design,
to emit high quantities of particulate matter and noxious fumes. Health,
safety, and nuisance problems have arisen from the use of outdoor
hydronic heaters. Poor operational practices and inappropriate fuel
exacerbate the detrimental health effects of these devices. The purpose
of these regulations is to minimize the human health hazards resulting
from the smoke and noxious fumes emitted by outdoor hydronic heaters,
and to encourage proper technique in using and setting these boilers.
A.
This regulation applies to any person who owns or operates an outdoor
hydronic heater for use in the Town of Westminster, except outdoor
hydronic heaters rated with a heat input of one MMBtu/hr or greater
which are subject to the comprehensive plan application provisions
at 310 CMR 7.02(5)(a) 4.
B.
Operators of existing units installed prior to the moratorium (February
28, 2008) on the installation of outdoor hydronic heaters wishing
to continue using an outdoor hydronic heater must apply for a permit
from the Board of Health within six months of the effective date of
this regulation.
The following words and phrases shall have the following meanings:
Wood that has no paint, stains, or other types of coatings,
and wood that has not been treated with, including, but not limited
to, copper chromium arsenate, creosote, or pentachlorophenol.
A heater with a rated thermal output greater than 350,000
Btu/hr.
An outdoor hydronic heater that is sold, installed and/or
operated at the intended location of use prior to February 28, 2008.
The period beginning September 30 and ending May 15, inclusively.
The degree to which emissions other than water reduce the
transmission of light and obscure the view of an object in the background
as measured by EPA Method 9.
Any person who owns or operates an outdoor hydronic heater
in the commonwealth.
A fuel-burning device:
Designed to burn wood or other approved solid fuels;
That the manufacturer specifies for outdoor installation or
installation in structures not normally occupied by humans (e.g.,
garages); and
That heats building space and/or water via the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a water/antifreeze mixture.
A heater with a rated thermal output of 350,000 Btu/hr or
less.
A.
On and after the effective date of this regulation, no person shall:
(1)
Purchase, install or allow the installation of any outdoor hydronic
heater unless it has been certified in accordance with this regulation
to meet the applicable emission standard set forth in this regulation.
(2)
Site or install an outdoor hydronic heater that meets the applicable
emission standards of this regulation unless it is installed according
to the following:
(a)
Residential-size outdoor hydronic heater.
[1]
At least 50 feet from any property line.
[2]
At least 150 feet from any occupied dwelling or building that
it is not serving.
[3]
Has a clear radius of 20 feet, which must be maintained between
the outdoor hydronic heater and any trees or vegetation of a height
greater than the height of the top of the fuel door.
(b)
Commercial-size outdoor hydronic heater.
[1]
At least 275 feet from any property line.
[2]
At least 300 feet from any occupied dwelling or building that
it is not serving.
[3]
Has a clear radius of 20 feet, which must be maintained between
the outdoor hydronic heater and any trees or vegetation of a height
greater than the height of the top of the fuel door.
C.
Seasonal limitations. No person shall cause, suffer, allow or permit
the operation of an outdoor hydronic heater from May 16 to September
29.
D.
Prohibited fuels. No person shall cause, suffer, allow or permit
the burning of any of the following items in an outdoor hydronic heater:
(1)
Any wood that does not meet the definition of clean wood;
(2)
Garbage;
(3)
Tires;
(4)
Lawn clippings, leaves, brush trimmings, or general yard waste;
(5)
Materials containing plastic;
(6)
Materials containing rubber;
(7)
Waste petroleum products;
(8)
Paints and paint thinners;
(9)
Chemicals;
(10)
Coal;
(11)
Glossy or colored papers;
(12)
Construction and demolition debris;
(13)
Plywood;
(14)
Particleboard;
(15)
Salt water driftwood;
(16)
Manure;
(17)
Animal carcasses; and
(18)
Asphalt products.
E.
Allowable fuels. No person who operates an outdoor hydronic heater
shall cause, suffer, allow or permit the use of a fuel other than
the following:
(1)
Clean wood;
(2)
Wood pellets made from clean wood;
(3)
Home heating oil in compliance with the applicable sulfur content
limit or natural gas may be used as starter fuels for dual-fired outdoor
hydronic heaters; and
(4)
Other biomass fuels as approved by the Department of Environmental
Protection.
F.
Visible emission standard for commercial units.
(1)
No person shall cause, suffer, allow or permit the emission of air
contaminants from any commercial-size outdoor hydronic heater to exceed
an average of twenty-percent opacity for two minutes in any one-hour
period.
(2)
No person shall cause, suffer, allow or permit the emission of air
contaminants from any commercial-size outdoor hydronic heater to exceed
at any time forty-percent opacity for the first six minutes during
the startup period, of a new fire. For the remainder of the startup
period no person shall cause or allow the emission of air contaminants
from any outdoor hydronic heater to exceed a twenty-percent opacity
standard in any consecutive two-minute average period. This only applies
to the initial firing of the unit where no coal bed exists and does
not apply to refueling.
G.
No person shall cause, suffer, allow or permit the operation of any
outdoor hydronic heater except in conformance with the manufacturer's
operating and maintenance instructions.
H.
No person shall cause, suffer, allow or permit the operation of an
outdoor hydronic heater in such a manner as to create a condition
of air pollution as defined in 310 CMR 7.00.
I.
Enforcement. An operator of an outdoor hydronic heater shall comply
with all applicable regulations, and state and local laws, including
but not limited to local ordinances. Operators are subject to the
enforcement provisions specified herein.
J.
Variances.
(1)
The Board of Health may grant a variance for an outdoor hydronic heater that meets the standard set forth in Subsection A(1) from the requirements of Subsection C, if, in its opinion, the Board of Health finds that granting such a variance would have no significant deleterious effect on public health.
(2)
The variance request shall be made in writing and shall be subject
to a public hearing before the Board of Health. The requesting party
shall, at his/her sole expense, notify all property owners within
400 feet of his/her property boundary by certified mail at least 10
days prior to the public hearing.
A.
Residential-size outdoor hydronic heater emission standard. On and
after the effective date of this regulation, no person shall install
or allow for installation a residential-size outdoor hydronic heater
for use in the Town of Westminster unless it has been certified to
meet a particulate matter emission limit of 0.32 pound per million
British thermal units (lb/MMBtu) heat output, as defined by EPA Test
Method 28 OWHH.
B.
Commercial-size outdoor hydronic heater emission standard. On and
after the effective date of this regulation, no person shall install
or allow for installation a commercial-size outdoor hydronic heater
for use in the Town of Westminster unless it has been certified to
meet a particulate matter emission limit of 0.32 pound per million
British thermal units (lb/MMBtu) heat output, as defined by EPA Test
Method 28 OWHH.
On and after the effective date of this regulation, no person
shall install or allow for installation an outdoor hydronic heater
in the Town of Westminster without a US EPA permanent label indicating
it has met the 0.32lb/MMBtu requirement, or supply other documentation
from an EPA-approved lab showing that it meets the requirement as
defined by EPA Test Method 28 OWHH.
A.
The application for a permit for an outdoor hydronic heater shall
be made on a form provided by the Westminster Board of Health and
will include a suitable plan of the outdoor hydronic heater.
B.
A permit fee is due upon application submission.
C.
For existing outdoor hydronic heaters, an informal plan depicting
the location of the outdoor hydronic heater in relation to property
lines and the building it serves and all buildings within 500 feet
is required. All buildings must be labeled as to their use (example:
storage, occupied, unoccupied, etc.).
D.
For new installations of an outdoor hydronic heater, in which the
setbacks are two times greater than required, an informal plan depicting
the location of the outdoor hydronic heater in relation to property
lines and the building it serves and all buildings within 500 feet
and their heights is required. All buildings must be labeled as to
their use (example: storage, occupied, unoccupied, etc.).
E.
For new installations of an outdoor hydronic heater, in which the
setbacks are less than two times greater than required, three sets
of plans for the location and installation of the outdoor hydronic
heater shall bear the stamp of a Massachusetts professional engineer
or Massachusetts registered professional land surveyor and shall be
drawn at a suitable scale (one inch equals 40 feet or fewer for plot
plans and one inch equals 20 feet or fewer for details of furnace
components) are required and shall include a depiction of (Note: These
plans must include the outdoor hydronic heater and may be limited
to the area within a five-hundred-foot radius.):
(1)
The legal boundaries of the lot to be served.
(2)
The location of all dwellings and buildings existing and proposed
on the lot to be served by the outdoor hydronic heater and identification
of those to be served.
(3)
The location of all utilities on the lot to be served, including,
but not limited to, water lines, sewer lines, and gas lines.
(4)
The location of all known easements and rights-of-way on the lot
to be served.
(5)
The location of all components of the outdoor hydronic heater, including
underground electric lines, fluid lines or ductwork.
(6)
The proposed wood/fuel storage location.
(7)
The proposed outdoor hydronic heater stack height.
(8)
The location of all roads, pass ways and rights-of-way within 100
feet of the proposed outdoor hydronic heater.
(9)
The location of all dwellings and buildings within 500 feet of the
proposed outdoor hydronic heater.
(10)
The roof heights of all buildings within 500 feet of the existing
of the proposed outdoor hydronic heater.
F.
It is the responsibility of the applicant to obtain any other permits
as required by but not necessarily limited to the Building Department,
Electrical Inspector, Plumbing Inspector and Fire Department.
A.
If an inspection or examination reveals an outdoor hydronic heater
is installed or operated in a manner that is not compliant with the
above regulations, the Board of Health is authorized to issue notices
of violation, cease-and-desist orders, and other administrative enforcement
orders to compel compliance with these regulations.
B.
If an inspection or examination determines that an outdoor hydronic
heater is operated in a manner that constitutes a threat to public
health, safety, welfare, a nuisance or cause of odor, filth or sickness,
in accordance with MGL Chapter 111, the Board of Health or its agent
shall issue an order to cease operation of the outdoor hydronic heater.
C.
The Board of Health may take enforcement action deemed appropriate
and lawful, including but not limited to criminal prosecution, and/or
civil action for injunctive relief and/or money damages.
