[Adopted 5-13-1997 as § 3.801 of the 1997 Code; amended April 2006;
November 2006]
As used in this article, the following terms shall have the
meanings indicated:
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary 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.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device, especially
that part of such structures extending above a roof.
A.
All solid-fuel-fired heating devices installed within the Town of
Pittsfield are required to meet emission standards currently required
by the Environmental Protection Agency (EPA). Emission standards currently
required by the EPA are hereby adopted by reference together with
any amendments or modifications made to them in the future.
B.
All outdoor devices shall be installed, operated and maintained in
strict conformance with the manufacturer's instructions and the regulations
promulgated hereunder. In the event of a conflict, the regulations
promulgated hereunder shall apply unless the manufacturer's instructions
are stricter than the regulations promulgated hereunder, in which
case the manufacturer's instructions shall apply.
C.
Conditions for use. All outdoor solid-fuel-fired heating devices
shall be installed, operated and maintained pursuant to the following
conditions:
(1)
Fuel shall be only natural untreated wood or wood products, or other
materials specifically permitted by the manufacturer. The following
materials are strictly prohibited: kerosene, garbage, and painted
or treated wood products.
(2)
The minimum setback distance shall be 200 feet from any habitable structure not located on the same parcel as the solid-fuel-fired heating device. Solid-fuel-fired heating devices in place prior to construction of a habitable structure that falls within this two-hundred-foot setback shall not be grandfathered for complaints under Subsection C(3) below.
(3)
No outdoor heating device shall create an undesirable impact upon
adjacent property or otherwise create a public nuisance.
(4)
The setbacks for solid-fuel-fired heating devices shall be the same
as those for accessory buildings for the underlying zone.
Any person who constructs, erects, or fails to remove, replace,
or modify any outdoor solid-fuel-fired heating device that does not
meet the requirements of this article shall forfeit a minimum of $75
per day and a maximum of $1,000 for each day the noncomplying unit
remains on the premises.
