(A) Purpose. This section is intended to ensure that outdoor wood boiler systems are utilized in a manner that does not create a public nuisance and is not detrimental to the health, safety, and general welfare of the residents of the city.
(B) Definitions. For purposes of this section, the following terms shall have the definitions indicated unless the context clearly calls for or indicates a different meaning.
CLEAN FUEL. Natural dry 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 and other Environmental Protection Agency approved fuels.
OUTDOOR WOOD BOILER SYSTEM. An appliance installed out-of-doors and designed to transfer or provide heat, via liquid or other means, through the burning of clean fuel for heating purposes. OUTDOOR WOOD BOILER does not include a fire pit or wood-fired barbeque.
PUBLIC NUISANCE. As defined in § 96.01.
(C) Area of operation. An outdoor wood boiler system may be installed and used in the conservancy, agriculture, rural residential, and industrial zoning districts only.
(D) Certificate of compliance. A certificate of compliance shall be obtained from the city prior to installing, altering, or relocating a wood boiler system.
(E) Application for a certificate of compliance.
(1) An application for a certificate of compliance shall be made to the city upon forms furnished by the city. The application shall include the following data:
(a) Name and address of applicant and property owner;
(b) Legal description of the property;
(c) A site plan or survey, if deemed necessary by the city, illustrating the dimensions of the property, including location of buildings and the wood boiler relative to the lot lines and distances from neighboring residences that are within 300 feet; and
(d) Manufacturer’s specifications for installation.
(2) All applications shall be accompanied by an application fee.
(F) Application for building permit. A building permit must be obtained to assure that all outdoor wood boiler systems meet all building and fire codes, and manufacturer’s specifications for installation.
(G) Minimum requirements for all outdoor wood boiler systems.
(1) All requirements for installation and maintenance shall be met including but not limited to local, state, and federal regulations and manufacturer’s specifications.
(2) An outdoor wood boiler system shall be located at least 300 feet from any residence or principal building which is not on the same property as the outdoor wood boiler system.
(3) An outdoor wood boiler system shall only be placed in a location meeting the minimum required setbacks of an accessory structure within the applicable zoning district.
(4) An outdoor wood boiler system shall have an attached permanent stack extending 2 feet higher than the roof line of the structure being served and residential or principal buildings within a 500-foot radius of the wood boiler system.
(5) An outdoor wood boiler system shall not be operated or maintained in a manner which creates a public nuisance.
(6) An outdoor wood boiler system shall burn clean fuel only. An outdoor wood boiler system shall not be operated in a manner which creates any dense smoke, noxious fumes or noxious gas or releases soot or cinders in unreasonable quantities.
(7) An outdoor wood boiler system shall be equipped with properly functioning spark arresters.
(8) An outdoor wood boiler system may not be operated from April 1 to October 1 in each year.
(H) Right of entry and inspection.
(1) An officer, agent, employee or representative of the city may inspect any property for the purpose of ascertaining compliance with the provisions of this section.
(2) If the city determines that the operation of a wood boiler system is creating a nuisance or is being operated in a manner hazardous to persons or property, or not meeting the requirements of this section, the city may revoke the certificate of compliance after a hearing is held by the City Council upon 10 days’ written notice given to the owner.
(I) Existing outdoor wood boiler systems. Outdoor wood boiler systems installed prior to the adoption of this section shall be operated in compliance with the minimum requirements of this section except that the distance requirement of division (G)(2) above shall not apply; and for any existing outdoor wood boiler system not located in a conservancy, agriculture, or rural residential district, the requirements of division (C) above shall not apply. The owner(s) of the property on which the outdoor wood boiler system is installed shall make an application for a certificate of compliance within 30 days of adoption of this section.
(Ord. 570, passed 12-10-2007; Am. Ord. 596, passed 2-8-2010)