(a) Installation. Installation and operation of any solid fuel fired heating device shall comply with the following:
(1) The solid fuel fired outdoor heating device shall be twenty-five (25) feet from the owner's primary residence and;
(2) The solid fuel fired outdoor heating device shall be in accordance with the City of Bryan Planning and Zoning Code in regards to distance from neighboring property line and;
(3) The solid fuel fired outdoor heating device shall be at least 100 feet in any direction from any neighboring primary residence and;
(4) The solid fuel fired outdoor heating device shall have a stack which extends two (2) feet above the roof line of the highest structure within a 125-foot radius of the device and;
(5) If the criteria for subsections (a)(1) to (4) above are met, the owner shall obtain a permit from the City Engineer's Office by submitting the manufacturer's specifications, owners' manual and drawings of the intended location of the device which will be confirmed by the City Engineer's Office before issuance of a permit.
(b) Operation.
(1) The solid fuel fired outdoor heating device shall comply with manufacturer specifications with respect to installation and operation;
(2) The solid fuel fired outdoor heating device shall comply with all applicable state and federal laws;
(3) Fuel fired outdoor heating devices which are designated to heat structures twenty-five percent (25%) greater than the size of any structure on the property shall not be permitted;
(4) No fuel other than natural wood, without additive, wood pellets without additives and agricultural seeds in their natural state may be burned in any fuel fired outdoor heating device.
(5) Nothing contained herein shall authorize any installation or operation of a fuel fired outdoor heating device that constitutes a public or private nuisance. Compliance with this chapter shall not be a defense to any civil or criminal action for nuisance.
(c) Penalties.
(1) Any person who constructs, erects, operates, replaces or modifies any solid fuel fired outdoor heating device that does not meet the requirements of this ordinance shall forfeit twenty-five dollars ($25.00) per day for each day the non-complying unit remains on the premises.
(2) Illegally constructed or erected solid fuel fired outdoor heating device shall be removed at the cost of the owner within thirty (30) days of the first citation.
(Ord. 62-2023. Passed 1-16-24.)