(A) Definition. FREESTANDING OUTDOOR FURNACE means but is not limited to any device, apparatus, or structure or any part thereof:
(1) Designed to burn wood or other fuel, including but not limited to coal, paper or other agricultural products; and
(2) The unit is not located within a building intended for habitation by humans or domestic animals; and
(3) Which is installed for the primary purpose of combustion of such fuel to produce heat, energy, and/or hot water to be used as a component of a heating system which provides heat for any interior space.
(B) It shall be unlawful to install or operate a free-standing outdoor furnace, or to cause or permit installation or operation of a free-standing outdoor furnace within the village.
(C) This section shall in no way be construed, nor is the same intended, to prohibit the installation, operation, or use of exterior chimneys, stove pipes, or similar apparatuses that are otherwise in conformity with other federal or state laws, rules, or regulations constituting any part of any interior furnace system, interior stove system, interior fireplace system, or operation of any system that provides the exhaust of waste heat, smoke, or similar substances from interior spaces.
(D) This section shall not apply to any free-standing outdoor furnace that was installed, connected and operating as of the effective date of this section. However, this section shall not be deemed as specific authorization for the use of any pre-existing free-standing outdoor furnace and shall not be deemed to bar, limit, or otherwise affect the rights of any person to take legal action regarding damage or nuisance caused by the use of a free-standing outdoor furnace.
(E) No existing free-standing outdoor furnace in existence on the effective date of this section shall be replaced or upgraded.
(Ord. 1540-09, passed 8-11-2009) Penalty, see § 153.999