§ 12-15. Outdoor solid fuel heating devices prohibited

(a) Definitions.

[The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Outdoor solid fuel heating device means any device, equipment, structure, or apparatus which supplies direct or indirect heat from the burning of solid fuel, including but not limited to wood, to a building.

Stacks or chimneys means any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel-fired heating.

(b) Prohibition of outdoor solid fuel heating devices. Outdoor solid fuel heating devices are prohibited and shall not be installed or operated within the city.

(c) Pre-existing outdoor solid fuel heating devices.

(1) Legal nonconformity. Any legal pre-existing outdoor solid fuel heating devices installed within city limits at the time of adoption of the ordinance from which this section is derived may be deemed a legal nonconformity.

(2) Registration. All legal pre-existing outdoor solid fuel heating devices must be registered with the city within 30 days of the adoption of the ordinance from which this section is derived. Failure to register a legal pre-existing outdoor solid fuel heating device shall be prima facie evidence that an outdoor solid fuel heating device is not a pre-existing legal nonconformity.

(3) Standards. All legal pre-existing outdoor solid fuel heating devices are required to meet emission standards currently required by the Environmental Protection Agency (EPA), which are hereby adopted by reference together with any amendments or modifications made to them in the future. In addition, all legal pre-existing outdoor solid fuel heating devices must meet the following standards:

a. The minimum stack height for any solid fuel-fired heating device shall meet or exceed the manufacturer's guidelines.

b. All stacks or chimneys must be constructed to withstand high winds or other related elements.

c. Outdoor solid fuel heating devices may not be operated from April 1 to October 1 each year.

d. Only the following materials may be burned in the outdoor solid fuel heating devices: biomass pellets; corn; firewood; and clean, untreated lumber or other wood product.

e. No outdoor solid fuel heating device shall be utilized in any manner as a waste incinerator.

f. Outdoor solid fuel heating devices are accessory structures and shall comply with all standards for accessory structures.

(4) Compliance. All legal pre-existing outdoor solid fuel heating devices shall be brought into compliance with these standards within 90 days of the adoption of the ordinance from which this section is derived. Any noncompliant outdoor solid fuel heating device shall be deemed a public nuisance after 90 days of the adoption of the ordinance from which this section is derived.

(Ord. No. 2012-103, § 1, 5-3-2012)