[Ord. of 2-4-2008]
(a)
This chapter shall be known and may be cited as the "Outdoor Wood
Boiler Ordinance of the City of Old Town."
(b)
The purposes of this chapter are to ensure that outdoor wood boilers
are located in appropriate areas of the City of Old Town and within
appropriate places on parcels of property, operated in a manner that
limits particulate matter emissions and operated to avoid the creation
of nuisance conditions.
[Ord. of 2-4-2008]
For the purposes of this chapter, the following words and phrases
shall have the meanings given herein:
Wood that has no paint, stain, or other types of coatings,
and wood that has not been treated with, including, but not limited
to, copper chromium arsenate, creosote, or pentachlorophenol.
Emission of air contaminants to the outdoor atmosphere of
such quality, characteristic or duration that is injurious to human,
plant or animal life or to property, or that unreasonably interferes
with the comfortable enjoyment of life or property.
A fuel-burning device:
Designed to burn wood or other solid fuels;
That the manufacturer specifies for outdoor installation or
in structures not normally occupied by humans; and
That heats building space and water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
A line bounding a lot which divides one lot from another
or from a street or any other public or private space.
[Ord. of 2-4-2008]
This chapter applies to all land areas within the boundaries
of the City of Old Town.
[Ord. of 2-4-2008]
No person shall install, use, operate or maintain an outdoor
wood boiler without first having obtained a permit from the City of
Old Town Fire Department.
[Ord. of 2-4-2008]
(a)
Every person required to obtain a permit to own, operate, or maintain
an outdoor wood boiler under the provisions of this chapter shall
submit an application for such permit to the Old Town Fire Department
that identifies the location of the property with a street address
and tax map and lot number, the name address and telephone number
of the applicant and any co-applicants, as well as agents for the
same.
(b)
Every applicant shall submit a scaled drawing of the property, identifying
the property boundaries, depicting and labeling any structures on
the property, and identifying the property lines, the proposed location
of an outdoor wood boiler on the lot and its distance from property
lines.
(c)
All applications shall be signed by the owner or owners of the property,
lessee, or other person having legal control of the property, certifying
that the information in the application is complete and correct. If
the person signing the application is not the owner or lessee of the
property, then that person shall submit a letter of authorization
from the owner or lessee.
(d)
The application shall be accompanied by a nonrefundable application
fee bearing a reasonable relationship with the costs incurred by the
City in the administration and enforcement of this chapter, which
fee shall be established by the City Council and may be amended from
time to time.
(e)
All applications shall be dated, and the Fire Department shall note
upon each application the date and time of its receipt.
[Ord. of 2-4-2008]
Within 60 days of the effective date of this chapter, any person
operating or maintaining an outdoor wood boiler shall apply to the
City of Old Town Fire Department for a permit to maintain the outdoor
wood boiler. If an application is made within the time required, the
use may continue pending consideration by the Fire Department. If
the application is denied, the use shall be terminated. If the application
is granted, the use shall comply with the provisions of this chapter.
[Ord. of 2-4-2008]
An outdoor wood boiler shall comply with the following requirements:
(a)
Permitted fuel. Only clean wood is permitted to be burned in an outdoor
wood boiler. Burning any other material in an outdoor wood boiler
is expressly prohibited and is a violation of this chapter.
(b)
Emissions standard. No person shall own, operate or maintain an outdoor
wood boiler unless it meets a particulate matter emission limit of
0.32 pound per million British Thermal Units ("lbs/MMBtu") heat input.
(c)
Setback and stack height requirements.
(1)
No person shall install, own, operate or maintain an outdoor wood
boiler that has been certified to meet a particulate matter emission
limit of 0.32 lbs/MMBtu, unless:
a.
If no residence is located within 300 feet from the outdoor wood
boiler, the outdoor wood boiler shall be installed at least 100 feet
from the nearest property line and have an attached stack with a minimum
stack height of 10 feet above ground level;
b.
If a neighboring residence is located within 300 feet from the outdoor
wood boiler, the outdoor wood boiler shall be installed at least 100
feet from the nearest property line and have a permanent stack height
extending two feet higher than the peak of the roof of the structure
being served by the outdoor wood boiler.
(d)
Certification. No person shall own, operate or maintain an outdoor
wood boiler in the City unless the outdoor wood boiler has received
certification pursuant to the United States Environmental Protection
Agency Outdoor Wood-Fired Hydronic Heater Program or an alternative
certification program approved by the Maine Department of Environmental
Protection for certification of outdoor wood boilers. The certification
shall demonstrate that the outdoor wood boiler meets the applicable
emission standard of this chapter.
(e)
Months of operation. Outdoor wood boilers may be operated only between
October 15 and April 15 of each year.
(f)
Nuisance. No person shall operate an outdoor wood boiler in such
a manner as to create a nuisance.
(g)
Replacements. If an outdoor wood boiler is replaced or upgraded, a permit shall be required pursuant to § 25-4 above, and it shall comply with all sections of this chapter.
(h)
Prohibited zones. Outdoor wood boilers are prohibited in Zones R-1,
R-2, C-1, C-3, C-4, and C-5.
[Ord. of 2-4-2008]
(a)
Enforcement.
(1)
The Code Enforcement Officer, Public Safety Director, or designee
shall enforce the provisions of this chapter. If, after investigation,
the enforcement official finds that any provision of this chapter
is being violated, he/she shall notify, in writing, the person responsible
for such violation and order the action necessary to correct it. A
copy of the notice shall be submitted to the City Council and the
Fire Department and be maintained as a permanent record.
(2)
When the above action does not result in the correction or abatement
of the violation or nuisance condition, the City Manager, upon notice
from the enforcement official, shall institute any and all actions
and proceedings, either legal or equitable, including seeking injunctions
of violations and the imposition of fines, that may be appropriate
or necessary to enforce the provisions of this chapter in the name
of the City of Old Town. The City Manager is hereby authorized to
enter into administrative consent agreements for the purpose of eliminating
violations of this chapter and recovering fines without court action.
(3)
Any person who installs, operates or maintains an outdoor wood boiler in the City of Old Town without a permit or in violation of this chapter shall be subject to such fines, penalties, actions and orders as are authorized by § 1-8 of this Code of Ordinances, as the same may be amended from time to time. A fine or penalty may be imposed for each violation. Each day of violation shall constitute a separate offense with respect to each violation. In addition, such person shall pay to the City of Old Town all the City's attorneys' fees, court costs and out-of-pocket expenses incurred by the City in any enforcement action undertaken to correct a violation of this chapter.
(b)
Permit suspension. The Code Enforcement Officer, Public Safety Director or designee may immediately suspend any permit issued pursuant to this chapter if the Code Enforcement Officer determines that an outdoor wood boiler is operated in violation of this chapter and such operation poses an immediate threat to the health, safety or welfare of the residents of the City of Old Town. An outdoor wood boiler shall not be operated during the period in which the permit is suspended. A suspended permit shall be reinstated once the condition that gave rise to the suspension is remedied. Recurrence of a condition which previously resulted in suspension of a permit shall be considered a violation of this chapter and be subject to the penalties provided in § 25-8(a)(3) above.
(c)
Appeals. An outdoor wood boiler owner may appeal, in writing, the
denial of an application, the notice of violation from an enforcement
official or an enforcement official's suspension of a permit
to the Old Town City Council. The Council shall consider such appeals
in open session and may include, at its discretion, testimony by the
property owner, testimony by the Public Safety Director or enforcement
official, witnesses, and members of the general public. Any appeals
upheld by the Council must find, at a minimum, that either the Old
Town Fire Department or the enforcement official deviated from the
conditions detailed in this chapter and state specifically what those
deviations were as part of its decision. If the decision of the Fire
Department or enforcement official is upheld, the suspension of the
permit will continue until such time as the boiler is brought into
compliance with this chapter or discontinued from use. During the
appeal process, however, the outdoor wood boiler shall not be used
in order to protect the health, safety, and welfare of the neighborhood.
