1529.02 OUTDOOR WOOD OR COAL BURNING FURNACES PROHIBITED.

   No person shall install, use, or maintain an Outdoor Wood Burning or Coal Burning Furnace in the Village of Byesville, Ohio.

   Existing Outdoor Wood Burning or Coal Burning Furnaces:

   (a)   The lawful use of an existing Outdoor Wood Burning or Coal Burning Furnace, installed and in use prior to the effective date of this chapter may be continued.  However, the use of an existing Outdoor Wood Burning or Coal Burning Furnace shall not constitute a public nuisance or cause a human health hazard prohibited by this chapter or any chapter or law prohibiting public nuisances.

   (b)   If the use of an existing Outdoor Wood Burning or Coal Burning Furnace creates a public nuisance or causes a human health hazard prohibited by this chapter or any chapter of law prohibiting public nuisances, the City may:

      (1)   Provide written notice to the owner to modify the use and/or location of the existing Outdoor Wood Burning or Coal Burning Furnace to eliminate the nuisance; and/or

      (2)   Provide written notice to the owner to cease and desist operating the existing Outdoor Wood Burning or Coal Burning Furnace until such time as the nuisance is eliminated.

Failure of an owner to comply with written notice received under this section constitutes a violation of this chapter.

   (c)   No person shall operate an existing Outdoor Wood Burning or Coal Burning Furnace, installed prior to the effective date of this chapter, unless:

      (1)   Such operation conforms to the manufacturer’s instructions; and

      (2)   Fuel burned shall only be clean, dry and seasoned wood that is not painted, is not varnished or coated with a similar material, is not pressure treated with preservatives, and does not contain resins or glues; wood pellets, corn products, biomass pellets; or other listed fuels specifically permitted by the manufacturer’s instructions.  Further, the following fuels are strictly prohibited:

         A.   Rubbish or garbage, including but not limited to, food wastes, food packaging, or food wraps;

         B.   Plastic materials, including but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, or synthetic fabrics, plastic films or plastic containers;

         C.   Rubber, including, but not limited to, tires and other synthetic rubber-like products;

         D.   Newspaper, cardboard or any paper with ink or dye products; and

         E.   Any other items not specifically allowed by the manufacturer or this section.

            (Ord. 2013-19.  Passed 9-11-13.)