[HISTORY: Adopted by the Mayor and Council of the Borough of Andover as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 51.
Fire prevention — See Ch. 70.
[Adopted 6-8-2009 by Ord. No. 2009-2]
This article is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Borough of Andover due to the air pollution and fire hazards of outdoor wood furnaces and outdoor burning.
Outdoor wood furnaces (OWF), including outdoor wood-fired hydronic heaters, typically burn wood to heat water piped underground to a nearby structure (usually a home), resulting in heat for a building. With smoldering fires and short smokestacks, OWFs can create heavy smoke released close to the ground, where it is a nuisance and unhealthy to breathe. Smoke contains particles which can affect both the lungs and the heart. Therefore, in order to promote the public health, safety and welfare of the residents of the Borough of Andover, OWFs shall be subject to the regulations set forth herein.
As used in this article, the following terms shall have the meanings indicated:
CHIMNEY
Flue or flues that carry off exhaust from an OWF furnace firebox or burn chamber.
EPA OWHH PHASE 1 PROGRAM
The EPA OWHH (outdoor wood-fired hydronic heater) Phase 1 Program administered by the United States Environmental Protection Agency and that has a particulate matter emission limit of 0.60 pounds per million British thermal units' input and is labeled accordingly.
EPA OWHH PHASE 1 PROGRAM QUALIFIED MODEL
An outdoor wood-fired hydronic heater that has been EPA OWHH Phase 1 Program qualified. The model has met the EPA OWHH Phase 1 emission level and is labeled accordingly.
EPA OHH PHASE 2 PROGRAM
The EPA OHH (outdoor hydronic heater) Phase 2 Program administered by the United States Environmental Protection Agency and that has a particulate matter emission limit of 0.32 pounds per million British thermal units' output and is labeled accordingly.
EPA OHH PHASE 2 PROGRAM QUALIFIED MODEL
An outdoor hydronic heater that has been EPA OHH Phase 2 Program qualified. The model has met the EPA OHH Phase 2 emission level and is labeled accordingly.
EXISTING OUTDOOR WOOD FURNACE
An OWF that was installed before the effective date of this article and for which a permit and certificate of approval or certificate of occupancy (CO) were issued and which comply with applicable EPA and NJDEP air-emission requirements.
NATURAL WOOD
Wood which has not been painted, varnished or coated with a similar material, has not been pressure-treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
NEW OUTDOOR WOOD FURNACE
An OWF that is first installed, established or constructed after the effective date of this article. All new OWFs shall at a minimum comply with the air-emission requirements of the EPA OHH Phase 2 Program and applicable New Jersey regulations and directives of the New Jersey Department of Environmental Protection (NJDEP).
OUTDOOR WOOD FURNACE (OWF)
Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors and is primarily hand-loaded for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An OWF may also be referred to as and also includes an outdoor wood boiler, outdoor wood-fired hydronic heater or outdoor hydronic heater.
OUTDOOR WOOD-PELLET FURNACE
An outdoor wood-pellet furnace that is specifically designed to burn wood-pellet fuel, corn, or other biomass pellets with metered fuel and air feed and controlled combustion engineering, which burns only wood pellets, corn or other biomass pellets.
SIGNIFICANT CHANGES IN ELEVATION
Any natural or man-made objects, such as hills, ridgelines, stone outcroppings, tree lines, and structures, which are greater than 30 feet in height above the natural grade of the OWF.
A person, or his/her authorized representative, planning to install an OWF shall obtain a permit from the Building Department and submit required documentation in accordance with this article. This permit shall be in addition to any other permits, such as plumbing, electrical, and other subcode permits and fees, as required by the Building Department. The permit fee for review, administration and inspection of the OWF to verify compliance with this article shall be set at $120. The applicant for the permit shall include in his/her submission to the Building Department copies of all manufacturer's instructions pertaining to the OWF. As a condition for approval of the permit, the results of inspection of the OWF must demonstrate to the Building Department and/or Construction Officer that the OWF complies with the OWF manufacturer's instructions and with applicable laws and ordinances. A permit and approval shall be obtained before operation of the OWF; i.e., before burning of fuel and before connection of electric and/or plumbing. Permit and approval shall also be obtained before operating an OWF following a transfer of any ownership interest of real property on which the furnace is located.
A site plan can be prepared by the owner of the property and does not require the assistance of a professional engineer or surveyor if a survey of the subject property is otherwise available. The most-recent survey of the property shall be used and must indicate all structures on the subject property. The site plan shall indicate the location of the existing or proposed furnace and height of the existing or proposed chimney. The site plan shall be prepared by the property owner or the property owner's authorized representative and shall include, at a minimum, the metes and bounds of owner's property and depiction of the straight-line distances from the existing or proposed OWF to property lines, the owner's residence, all other structures located on the subject property, and all residential and commercial structures within 500 feet of the existing or proposed OWF. Significant changes in elevation within 200 feet of the existing or proposed OWF, such as ridgelines, hilltops and tree lines, shall be indicated on the site plan. The person preparing the site plan shall include his/her certification that the information shown therein is true and correct to the best of the preparer's knowledge.
A. 
No person shall, from the effective date of this article, construct, install, establish, operate or maintain an OWF other than in compliance with the applicable sections of this article.
B. 
No person shall, from the effective date of this article, operate an existing OWF unless such operation conforms with the manufacturer's instructions regarding such operation and maintenance and with the requirements of this article regarding fuels that may be burned in an OWF as set forth in the definitions of "outdoor wood furnace," "outdoor wood-pellet furnace" and "natural wood" in § 47-3 and § 47-7A of this article.
C. 
All new OWFs shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this article and applicable law. In the event of a conflict between the requirements of the manufacturer's instructions and of this article, the requirements of this article shall control; provided, however, that if the manufacturer's instructions include standards or requirements which are stricter than those set forth in this article, those manufacturer's standards and requirements shall apply.
D. 
A person or entity seeking to install and operate an OWF shall first obtain a permit and approval from the Building Department in accordance with this article and shall include the following documents with the application for the permit:
(1) 
The manufacturer's owner's manual and installation instructions for the proposed OWF;
(2) 
A site plan; and
(3) 
A signed application form as shall be provided by the Building Department.
E. 
All new OWFs shall be laboratory-tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards and meet emission limits of the EPA OHH Phase 2 Program.
F. 
Nuisance and/or noncompliance regarding existing OWFs. If an existing OWF is determined by the Building Department or Construction Enforcement Officer of Andover Borough to be creating a nuisance or to be in violation of the standards applicable to existing OWFs as set forth in the definition of "existing outdoor wood furnace" in § 47-3 of this article or of other applicable laws or ordinances, the owner shall be required to follow the directions of the Building Department or Code Enforcement Officer of Andover Borough, including:
(1) 
Making modifications to the OWF to eliminate the nuisance, such as, for example, extending the chimney or relocating the OWF wood furnace, or both, all to be done in compliance with all applicable laws and ordinances.
(2) 
Ceasing and desisting operation of the OWF until the owner has demonstrated to the Building Department and/or Code Enforcement Officer that the OWF will operate in compliance with applicable laws and ordinances and will not be a nuisance.
(3) 
Demonstrating to the Building Department and/or Code Enforcement Officer that the OWF is installed in compliance with the OWF manufacturer's instructions.
G. 
On the transfer of an ownership interest in real property on which an OWF is located, the operation and use of the OWF is prohibited unless and until a new permit and approval of the OWF is issued in accordance with § 47-4 of this article. Until such permit and approval are issued, the OWF shall either be removed from the subject property or rendered inoperable until such time as the permit and approval are issued.
OWFs shall be constructed, established, installed, operated and maintained pursuant to the following conditions:
A. 
Fuel burned in any new or existing OWFs shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions, such as fuel oil, natural gas, or propane backup.
B. 
New or existing OWFs shall not be located in front of a primary residence or, in the case of corner lots, in front of or to the side of a primary residence facing an abutting road.
C. 
No new OWF shall be located within 500 feet of the property line of a school, day care, medical facility or public park.
D. 
The following fuels are strictly prohibited in any new and/or existing OWF:
(1) 
Wood that has been painted, varnished or coated with similar material and/or has been pressure-treated with preservatives and contains resins or glues as in plywood or other composite wood products.
(2) 
Rubbish or garbage, including but not limited to food wastes, food packaging, and food wraps.
(3) 
Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(4) 
Rubber, including tires or other synthetic rubber-like products.
(5) 
Newspaper, cardboard, or any paper with ink or dye products.
(6) 
Any other items not specifically allowed by the manufacturer or this provision.
E. 
Setbacks for any new OWF model.
(1) 
A new OWF shall not be located within 50 feet of the side-yard boundaries of the subject property or within 125 feet of the rear-yard boundaries of the subject property. Any setback requirements of Chapter 134, entitled "Zoning," of the Andover Borough Ordinances which are more stringent shall apply.
(2) 
The OWF shall be located at least 200 feet from any residence not served by the OWF.
(3) 
The OWF shall be located on the property in compliance with manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
F. 
Chimney heights for any new OWF model.
(1) 
The chimney of any new OWF shall extend at least two feet above the peak of any residence not served by the OWF located within 300 feet of such OWF.
(2) 
For distances of not less than 300 feet but no more than 500 feet from any residence not served by the furnace, the stack height shall be at least 25% of the peak line of that residence, plus an additional two feet.
(3) 
If located more than 500 feet from any residence not served by the furnace, the stack height shall be in accordance with manufacturer's instructions but in no case be less than five feet above the peak roofline of the furnace unit.
G. 
Outdoor wood-pellet furnaces that are specifically designed to burn wood-pellet fuel, corn or other biomass pellets with metered fuel and air feed and controlled combustion engineering shall be installed per the manufacturer's recommendations.
Any OWFs existing on the effective date of this article shall be permitted to remain, provided that the owner applies for and receives from the Borough Building Department a permit and approval for the OWF within one year after the effective date of this article and includes in the application the documents required by § 47-6D of this article and the fee required per § 47-4 of this article. Notwithstanding the fact that an owner of an OWF in existence on the effective date of this article has one year to receive such permit and approval, the OWF must nonetheless meet the definition and requirements pertaining to "existing outdoor wood furnance," set forth in § 47-3 of this article within 60 days of the effective date of this article. If the owner of an existing OWF does not comply with this section, the owner shall remove the OWF from the premises promptly upon such noncompliance.
This article does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances; to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation, unless the material(s) being burned are specifically precluded by this article; or to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
Failure to comply with any of the provisions of this article shall be a violation and, upon conviction thereof, shall be punishable by a fine of not more than $500 or imprisonment for a period of not more than 10 days, or both, for a first offense. Any subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than 30 days, or both. In addition, any permit and/or approval issued pursuant to this article shall be revoked upon conviction of a second offense, and the subject OWF shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this article. Any fine imposed hereunder shall constitute a lien upon the real property where the OWF is located until paid.
The Code Enforcement Officer of Andover Borough or any authorized officer, agent, employee or representative of the Borough who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this article. If the owner or occupant of the premises denies access to the property for this purpose, the Borough may apply for a court order or warrant pursuant to law to compel entry to the property to carry out the provisions of this article.
Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, the NJDEP or other federal, state, regional or local agency. OWFs, and any electrical, plumbing or other apparatus or device used in connection with an OWF, shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this article and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more-restrictive or more-stringent provision or requirement shall control.