Outdoor Wood Boiler Ordinance

City of Old Town
Chapter 25
Outdoor Wood Boilers Ordinance

Sec. 25-01.  Title & Purpose. 

This ordinance shall be known and may be cited as the Outdoor Wood Boiler Ordinance of the City of Old Town.

The purposes of this ordinance 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.

Sec. 25-02.  Definitions.

For the purposes of this chapter the following words and phrases shall have the meaning given herein:

“Clean Wood” means 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.

“Property Line” means a line bounding a lot, which divides one lot from another or from a street or any other public or private space. 

“Nuisance” means 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.

“Outdoor Wood Boiler” means a fuel burning device: (a) designed to burn wood or other solid fuels; (b) that the manufacturer specifies for outdoor installation or in structures not normally occupied by humans; and (3) 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.

Sec. 25-03.  Applicability.

This ordinance applies to all land areas within the boundaries of the City of Old Town.

Sec. 25-04.  Permit Required.

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.

Sec. 25-05.  Applications.

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 non-refundable 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.

Sec. 25-06.  Existing Outdoor Wood Boilers.

Within sixty (60) days of the effective date of this ordinance, 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 ordinance.

Sec. 25-07.  Permit Standards.

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 ordinance.

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