[Added 9-11-2007; amended 1-2012; 10-4-2021 by Board of Health]
This article shall be effective on and after October 15, 2007,
and so remain in effect until modified or amended by the Chelmsford
Board of Health. It is enacted under authority granted by, but not
limited to, Massachusetts General Laws, Chapter 111, §§ 31,
31C, 122, 142A through 142M. Board of Health regulations are an exercise
of the police power under which the various levels of government hold
responsibility for protection of the public health, safety and welfare.
This article has been enacted by the Board of Health for the
purpose of minimizing the human health hazards resulting from the
smoke, particulate matter and noxious fumes emitted by outdoor wood-burning
boilers, to encourage proper techniques in the use and location of
these boilers, and to promote the public comfort and convenience.
A.
An outdoor
wood-burning boiler (OWB), hydronic heater, is essentially a wood-fired
boiler in a small, insulated, stand alone shed with a smokestack.
OWBs heat water that is carried through piping to heat a home or building,
domestic hot water, a swimming pool, a Jacuzzi, hot tub, or any other
use for this heated water.
B.
Certain
types of OWBs have been shown, because of their design, to emit significantly
high quantities of smoke, particulate matter, and other noxious fumes.
Exposure to particulate matter in smoke from an OWB can increase adverse
respiratory and cardiovascular symptoms and exacerbate other harmful
health conditions, such as asthmatic sensitivity, lung illnesses and
cancer (Connecticut Department of Environmental Protection, Fact Sheet,
July 2004).
C.
Poor
installation, placement, and management of these facilities, plus
the use of inappropriate fuel, can increase the harmful effects of
the smoke created by the firing of these units.
As used in this article, the following terms shall have the
meanings indicated:
Any place (including but not limited to a stack or vent)
at or from which any air contaminant is emitted to the ambient air
space.
Property of gaseous, liquid, or solid materials that elicits
a physiologic response by human sense of smell.
Hydronic heater, a wood-fired boiler surrounded by a water
jacket and a smoke vent, in an insulated freestanding shed with a
smokestack and used to heat water that is carried by pipes to provide
heat to a building or any other destinations. Outdoor wood-burning
boilers do not include fire pits, chimneys, wood-fired barbeques or
equipment intended exclusively for producing maple syrup, melting,
reclaiming, or refining metals.
Wood that has been cut, stacked, and dried for at least six
months.
All wood intended to be used as fuel, including but not limited
to seasoned cordwood and wood pellets. (All other products need Board
approval.) This definition does not include materials chemically treated
with any preservative, adhesive, paint, varnish, or oil.
A.
Must meet all minimum standard set by DEP; 310 CMR 7.26(50), outdoor
hydronic heater and the following:
B.
Permits and written plans.
(1)
A permit is required from the Chelmsford Board of Health to
install and operate an outdoor wood-burning boiler. The permit process
shall include submission of a written application form and payment
of the permit fee established by the Board of Health, from time to
time.
(2)
Permit applicants must demonstrate to the satisfaction of the
Board of Health that they understand the requirements for proper installation
and operation of an OWB. This includes appropriate permits and sign-offs
for work done by licensed contractors and inspections required by
building, plumbing and electrical inspectors.
(3)
The application must be accompanied by a written site plan indicating
the proposed boiler location in relation to all existing structures
and separating distances from the boiler to all building and outbuildings
on site and all neighboring structures within 400 feet. The plan must
also indicate distances to all roads adjacent to the site and distances
from the boiler to woods, brush and flammable structures.
C.
No residential boiler shall be installed within 50 feet of the house
it is serving, 50 feet from any property line, or within 300 feet
of any other habitable/occupied structure. A clear radius of 20 feet
must be maintained between any OWB and any trees or vegetation of
height greater than the height of the top of the fuel feed door.
(1)
Residential variance procedure: An application for a variance
from offset to any habitable occupied structure shall be submitted
to this Department but shall be no less than 150 feet will not be
considered. The Department will not grant any variance to property
lines or home to be serviced offsets.
(2)
All abutters within 300 feet must be notified by applicants'
expense by certified mail.
(3)
Submit detail plans that show that it is not feasible (not including
cost to install).
(4)
Include copy of notice and certified mail receipts.
D.
Boilers must have a minimum smokestack height of 20 feet and at least
two feet higher than the height of the highest abutting residence
(actual roof peak) within a radius of 400 feet at the time of installation.
E.
OWBs may only be operated during the heating season, which for the
purpose of this article is September 30 to May 16 generally.
F.
Only dry, seasoned, untreated wood fuel may be burned in the OWB.
G.
The manufacturer's recommendations for the installation and use of
the unit must be followed.
H.
Boilers installed before the effective date of this article may request
a waiver from sections of the regulation that they do not meet upon
application for a permit. In such cases, a construction permit application
must be filed with the Board of Health and such installation must
be in compliance with all local zoning regulations and state plumbing,
and electrical codes. The Board of Health will determine whether to
grant the waiver based on the public health, safety, and welfare.
I.
The Board of Health shall have the right to take appropriate enforcement
or other action, in accordance with Chapter 111 of the Massachusetts
General Laws, with respect to any such boiler that it determines constitutes
a nuisance or public health risk.
A.
If an inspection or examination reveals an OWB 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 this article.
B.
If an inspection or examination determines that an OWB 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
Massachusetts General Laws, Ch. 111, the Board of Health or its agent
shall issue an order to cease operation of the OWB.
C.
The Board of Health may take enforcement action deemed appropriate
and lawful, including but not limited to criminal prosecution, civil
action for injunctive relief or money damages, or both. The Board
of Health may levy fines of $50 for the first offense. Each day of
violation shall constitute a separate offense. Any succeeding day
of violation may be punished by a penalty of $250 per day of offense.
Each part of this article shall be construed as separate to
the end that if any paragraph, sentence, clause, or phrase thereof
shall be held invalid for any reason, the remainder of that regulation
and all other regulations shall continue in full force.
This article has been amended, voted on, and unanimously approved
at a regularly scheduled Board of Health meeting on October 4, 2021,
and will go into effect on October 4, 2021. The changes approved at
the Board of Health's October 4, 2021, meeting consisted of administrative
renumbering; no substantive changes to the regulation were made at
this time.
