The Town Council recognizes and finds that although Outdoor
Hydronic Heaters or Outdoor Wood Boilers (hereafter collectively referred
to as "OHH") may represent an economical alternative to conventional
heating systems, such systems shall not be used as a sole source of
heat and hot water and must be secondary heating systems, such systems
should not be located or used in such a manner as to compromise the
health, safety and welfare of the citizens of the town resulting from
harmful emissions, offensive odors, smoke, soot, fumes, ash or other
conditions that may otherwise constitute a nuisance from the use and
operation of outdoor furnaces.
This chapter seeks to regulate the location, use, construction
and operation of OHH for these purposes.
A.
The following definitions shall apply to OHH:
(1)
OHH — a fuel burning device designed to (1) burn
wood or other approved fuels; (2) that the manufacturer specifies
for outdoor installation or installation in structures not normally
occupied by humans (e.g., garages); and (3) 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. This
includes without limitation any structure, equipment, device, or apparatus,
or any part thereof, which is installed, affixed, constructed or located
outdoors for the primary purpose of combustion of solid fuel, including
but not limited to wood, to produce heat or energy used as a component
of a heating system.
(2)
Clean dry seasoned wood — wood with less than or
equal to 20% moisture content, 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,
or any other insecticides.
(3)
Untreated lumber — dry wood that has been milled
and dried but that has not been treated or combined with any petroleum
product, chemical, preservative, glue, adhesive, stain, paint or other
substance.
(4)
Existing unit or Existing OHH — an outdoor hydronic
heater that is sold, installed and/or operated at the intended location
of use prior to February 9, 2009. A New Unit or New OHH is an OHH
that is not an Existing OHH.
(5)
Heating season — the period beginning October 1 and
ending April 30, inclusive.
(6)
Allowable fuels:
(a)
Clean dry seasoned wood;
(b)
Untreated lumber
(c)
Wood pellets made from clean wood;
(d)
Manufacturer approved fuels, provided that no fuel shall be in conflict with § 155-7A(7) Prohibited fuels;
(e)
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.
(f)
Newspaper as a fire starter
(7)
Prohibited fuels (any material(s) not listed above and including
the following):
(a)
Any wood that does not meet the definition of clean dry seasoned
wood;
(b)
Garbage;
(c)
Tires;
(d)
Lawn clippings, leaves, brush trimmings, or general yard waste;
(e)
Materials containing plastic;
(f)
Materials containing rubber;
(g)
Waste petroleum products;
(h)
Paints and paint thinners;
(i)
Chemicals;
(j)
Coal;
(k)
Paper of any type including glossy or colored;
(l)
Construction and demolition debris;
(m)
Plywood;
(n)
Particleboard;
(o)
Salt water driftwood;
(p)
Manure;
(q)
Animal carcasses;
(r)
Asphalt products
(s)
Any material prohibited for combustion by state or federal law
or regulation.
(t)
Lighter fluids, gasoline or chemicals to start the flames are
prohibited.
(u)
Pressure treated lumber.
A.
Permit Required; Initial Permit. No person shall construct, install,
use, operate, or permit to be operated on their property an OHH without
first having obtained a permit from the Building/Zoning Official.
(1)
Existing Non-Permitted Units
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Applications for existing previously non-permitted units will be accepted by the Building Department through December 31, 2009. After this date, no applications for an OHH unit shall be accepted except as provided for in this ordinance in § 155-11. All existing previously non-permitted OHH units must comply with § 155-10 of this ordinance. Proof of purchase date is required at time of permit application, and must be prior to February 2009. All applications must be accompanied by a site plan with the following information:
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(a)
Vertical and horizontal control measures required by this ordinance,
including but not limited to: stack height of OHH, setbacks, parcel
size, drawn to scale.
(b)
Existing location of the OHH unit on the parcel
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In addition the application shall include an 8"x10" color photograph
of the entire unit clearly showing the manufacturer's name and
model number. The serial number of the OHH unit shall also be provided.
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(2)
New Units
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Installation of all new or replacement units (as provided for in § 155-11 of this ordinance) shall require an initial application for permit following the effective date of this ordinance. All units, new or used shall carry a tag that identifies that the OHH complies with the EPA Phase II Emission standard, or the best available control technology, as defined by the EPA, and as here incorporated by reference. All units must meet all the requirements as identified in § 155-9 of this ordinance. All applications must be accompanied by a site plan with the following information:
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(a)
Vertical and horizontal control measures required by this ordinance,
including but not limited to: stack height of OHH, setbacks, parcel
size, drawn to scale.
(b)
Proposed location of the OHH unit on the parcel
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In addition the application shall include an 8"x10" color photograph
of the entire unit clearly showing the manufacturer's name and
model number. The serial number of the OHH unit shall also be provided.
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(c)
An application fee shall apply, based on the percentage of cost
of the OHH, for the initial application for new units, which shall
include inspection for compliance with this ordinance and shall include
an inspection for compliance with all applicable plumbing, electrical,
mechanical, fire and other laws as deemed necessary by the Building/Zoning
Official. An inspection of the unit will be required every three years
from the date of installation, by the Building/Zoning Official. Manufacturer's
standards and specifications must be available for inspection and
the serial number must be clearly visible and accessible on the unit
at the time of inspection.
A.
Location
(1)
Outdoor Hydronic Heaters shall be located on lots where parcels are
5 acres or greater.
(2)
Setbacks. OHH shall be no closer than:
(a)
200 feet from any lot or property boundary line;
(b)
400 feet from any residential structure not serviced by the
OHH
(c)
The location of the OHH unit on the property shall be at least
the minimum of the manufacturer's specifications from the dwelling(s)
serviced by the unit.
(d)
The distance of the OHH unit from adjacent property line must
meet the minimum manufacturer's specifications if they are greater
than those set in this ordinance.
(e)
The distance of any OHH unit from any daycare, school or retirement
community should be a minimum of 2,500 feet.
(3)
The OHH must be located in the back yard (as defined by the town
Zoning Ordinance), behind the structure to be serviced, or as close
thereto as possible, in the event of unusual configuration, in the
discretion of the Building/Zoning Official, and in no event in the
front yard.
B.
Use and Operation
(1)
Months of Operation. OHH may only be operated from October 1 through
and including April 30. No person shall operate, cause, suffer, allow
or permit the use of an OHH at any other time. Certified agricultural
operations (as defined herein) that are operating greenhouses may
apply to the Building/Zoning Official for an extension of operation
time not to exceed any 9 consecutive months of any 12-month period.
(2)
Fuels. No person that operates an OHH shall cause, suffer, allow
or permit the use of a fuel other than Allowable Fuels as here defined.
No person shall cause, suffer, allow or permit the burning of any
Prohibited Fuel as here defined.
(3)
Manufacturers Standards or Specifications. OHH units shall, as a
minimum standard, be operated in compliance with the operating manual
and manufacturer's design specifications of the unit, including,
but not limited to, the manufacturer recommended loading times and
amounts.
(4)
Stack Height. The permanently attached stack or chimney extending
from an OHH shall be a minimum of 18 feet in height for any new installations,
following the effective date of this ordinance. Rain caps shall not
be allowed on stacks.
(5)
Ash Disposal. The by-products of burning wood in the unit such as
ash or wood remnants must be disposed of in a manner that does not
create a nuisance or adversely impact ground water supplies or wetland
resources and in compliance with all applicable laws.
C.
Particulate Emission Standards for New Units
(1)
All new and replacement units, as defined in this article, shall
comply, as of the effective date of this ordinance, with the EPA Phase
II Emission standard and or the best available control technology,
as defined by the EPA, and as here incorporated by reference.
A.
Existing Permitted OHH
B.
Replacement of an existing OHH. Any existing unit as defined herein
that is to be replaced shall meet all provisions set forth in this
ordinance except as specified herein.
C.
Existing non-permitted OHH units. Any existing non-permitted OHH unit shall be required to apply for a permit as specified in § 155-8A(1). These units shall meet all the requirements of this ordinance with the exception of § 155-9C(2)(a) Emission Standards except as specified herein. These units shall install a retrofit or upgrade onto the unit that provides for a reduced emissions level, if such a retrofit or upgrade is available for the specific unit. These units shall require a building permit as specified in § 155-8A(1).
D.
Public Nuisance. Compliance with this ordinance shall not exonerate
or insulate the owner of an OHH from the provisions of Article V § 218-31B(40)
Prohibited Uses of the Town Of Charlestown Zoning Ordinance or any
other obligations to operate the OHH in such a manner as not to create
a public nuisance.
A.
Agricultural Operations. All new OHH units for an agricultural operation must apply for a permit as specified in § 155-8A(2) of this ordinance. These OHH units shall meet all the requirements of this ordinance. To apply for a permit under this section, the applicant shall meet the definition of "agriculture" and "agricultural lands" as defined in § 218-5 of the Charlestown Zoning Ordinance and the OHH unit must be used exclusively for agricultural purposes.
B.
Residential and Commercial. All new installations of OHH units for
residential or commercial use other than agriculture are prohibited.
A.
Compliance With Law. Outdoor furnaces shall be manufactured, constructed,
installed, operated and located in conformance with any other applicable
state or federal law or regulation, including but not limited to those
of the US EPA and RI DEM. In the event of any conflict among state,
federal and local ordinance, the more restrictive law or regulation
shall apply. All other provisions of the building, electrical or other
applicable laws codes shall also apply, as well as applicable subdivision
and zoning regulations.
B.
Nuisance or Other Condition. It is prohibited to use, maintain or
operate an OHH, or use its ash or residue that creates a nuisance
or an interference with the health, safety and welfare of the town
or of any person. Compliance with this ordinance shall not otherwise
exonerate or insulate the owner of an OHH from the creation of a nuisance
or other interference with the public health, safety and welfare,
and it is intended that the Town and its citizens shall have preserved
any public or private right of action in nuisance or otherwise resulting
from the operation of such OHH, either under this ordinance, or under
any state or federal law or regulation, or the common law.
A.
Failure to comply with any provision of this article shall be a violation,
and a first offense shall be punishable by a warning. Each day of
each offense shall be construed to be a separate violation. Each second
offense shall be punishable by a fine of $500.00 and each offense
thereafter shall be $500.00 or at the municipal court judge's
discretion per offense. The owners of the property shall be jointly
and severally liable with any other violator for any violation of
this ordinance. Any fine imposed under this ordinance shall constitute
a lien on the real property on which the OHH is located.
B.
The Building/Zoning Official or his designee shall be responsible
for the enforcement of this ordinance. The enforcement officer shall
have the discretion to forego a warning for a first violation if,
in their sole discretion, they are of the belief that the violation
is without intent and can be brought into compliance in a reasonable
time, and such compliance deadline is provided to the landowner, not
to exceed 10 days. Compliance within the time established shall not
constitute a first offense.
C.
Any person or entity in violation of the terms of this ordinance
shall, in addition to the above sanctions, be liable to the town for
the costs of any remediation actions reasonably necessitated by the
actions of the violator(s), and for the costs (including reasonable
attorney fees) of any action brought for equitable or legal action
against the violator, which costs and fees shall constitute a lien
against the property on which the furnace is located.
A.
Any OHH may be suspended immediately from operation, within the discretion
of the Building/Zoning Official or his designee, should that official
or his designee determine that a nuisance is or has been caused by
the use and operation of the OHH, as a result of any condition, including,
without limitation, malodorous air contaminants detectable on land
other than that of the owner; emissions that interfere with the reasonable
enjoyment of the life or property of that other than the owner; the
emissions cause damage to the environment, vegetation or property
of another, or for any other violation of the terms of this ordinance.
B.
An OHH may be reinstated by the Building/Zoning Official, or his
designee, once he has determined that compliance has been established
and the offending condition has been remedied.
