Outdoor wood furnaces, outdoor wood boilers and outdoor wood-fired hydronic heaters are permitted in all districts as a permitted use subject to the following definitions and regulations:
(A) Definitions.
CHIMNEY. Flue or flues that carries off exhaust from an outdoor wood furnace firebox or bum chamber.
EPA OWHH PHASE 1 PROGRAM. EPA OWHH (Outdoor Wood-Fired Hydronic Heater) Phase 1 Program administered by the United States Environmental Protection Agency.
EPA OWHH PHASE 1 PROGRAM QUALIFIED MODEL. An outdoor wood-fired hydronic heater that has been EPA OWHH Phase 1 Program qualified. The model has met the EPA OWHH Phase 1 emission level and has the proper qualifying label and hangtag.
EXISTING OUTDOOR WOOD FURNACE. An outdoor wood furnace that was purchased and installed prior to the effective date of this local law.
NATURAL WOOD. Wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products.
NEW OUTDOOR WOOD FURNACE. An outdoor wood furnace that is first installed, established or constructed after the effective date of this local law.
OUTDOOR WOOD FURNACE. Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood boiler or outdoor wood-fired hydronic heater.
(B) Regulations for outdoor wood furnaces.
(1) No person shall, from the effective date of this local law, construct, install, establish, operate or maintain an outdoor wood furnace other than in compliance with this section.
(2) No person shall operate an outdoor wood furnace unless such operation conforms with the manufacturer’s instructions regarding such operation and the requirements regarding fuels that may be burned in an outdoor wood furnace as set forth in divisions (C)(1) and (C)(2) of this section and chimney height as set forth in divisions (C)(4) and (C)(6) of this section.
(3) All new outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer’s instructions and the requirements of this section. In the event of a conflict, the requirements of this section shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.
(4) The owner of any new outdoor wood furnace shall produce the manufacturer’s owner’s manual or installation instructions to the Zoning Inspector to review at any time if requested.
(5) All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.
(6) If an existing outdoor wood furnace is, through the course of a proper investigation by local authorities, creating a verifiable nuisance, as defined by local or state law, the following steps may be taken by the owner and the Zoning Inspector:
(a) Modifications made to the unit to eliminate the nuisance, such as extending the chimney or relocating the outdoor wood furnace, or both.
(b) Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.
(C) Substantive requirements. Outdoor wood furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:
(1) Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets, or other listed fuels specifically permitted by the manufacturer’s instructions such as fuel oil, natural gas or propane backup.
(2) The following fuels are strictly prohibited in new or existing outdoor wood furnaces:
(a) Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.
(b) Rubbish or garbage, including but not limited to food wastes, food packaging or food wraps.
(c) Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(d) Rubber, including tires or other synthetic rubber-like products.
(e) Newspaper, cardboard, or any paper with ink or dye products.
(f) Any other item not specifically allowed by the manufacturer or this provision.
(3) Setbacks for any new outdoor wood furnace (models not EPA OWHH Phase 1 Program Qualified) shall be as follows:
(a) The outdoor wood furnace shall be located at least 25 feet from the property.
(b) The outdoor wood furnace shall be located on the property in compliance with manufacturer’s recommendations and/or testing and listing requirements for clearance to combustible materials.
(c) The outdoor wood furnace shall be located at least 100 feet from any residence dwelling that is not served by the outdoor wood furnace.
(4) Chimney heights for new and existing outdoor wood furnaces shall be as follows:
(a) The chimney of any new outdoor wood furnace shall extend at least two feet above the peak of the building served by the outdoor wood furnace.
(b) Existing properly owners with an outdoor wood furnace would be exempt from the stack height regulation, unless they would have to replace it. At that point they must come into compliance with this section.
(5) Setbacks for EPA OWHH Phase 1 Program qualified models shall be as follows:
(a) The outdoor wood furnace shall be located at least 25 feet from the property line.
(b) The outdoor wood furnace shall be located on the property in compliance with manufacturer’s recommendations and/or testing and listing requirements tor clearance to combustible materials.
(6) Chimney heights for EPA OWHH Phase 1 Program qualified models shall be as follows:
(a) The EPA OWHH Phase 1 Program qualified model chimney shall extend at least two feet above the peak of the residence for which it serves.
(7) Outdoor wood furnaces that use corn, wood pellets or other palletized biomass shall meet the same setback and stack height requirements as EPA OWHH Phase 1 Program qualified models.
(Ord. 12-37, passed 9-4-2012)