(A) No person shall, from the effective date of this subchapter, construct, install, establish, operate or maintain an outdoor wood furnace other than in compliance with the applicable sections of this subchapter.
(B) No person shall, from the effective date of this subchapter operate an outdoor wood furnace unless such operation conforms with the manufacturer’s instructions regarding such operation and the requirements of this subchapter regarding fuels that may be burned in an outdoor furnace as set forth in § 92.37(A) and (B) and chimney height as set for in § 92.37(D) and whatever regulations required by the state and federal environmental protection agencies or other state and/or federal regulations.
(C) 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 subchapter. In the event of a conflict, the requirements of this subchapter shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.
(D) The owner of any outdoor wood furnace shall produce the manufacturer’s owners manual or installation instructions to the city’s Code Enforcement Officer, Zoning Administrator, police officer or any other city official designated to enforce this subchapter by the Mayor, to review prior to installation.
(E) All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CCAA/CSA, ANSI or other applicable safety standards.
(F) If an existing outdoor wood furnace is, through the course of a proper investigation by the city, creating a verifiable nuisance, as defined by this subchapter, or any other ordinance defining nuisance within the city or any state law definition of a nuisance, the following steps may be taken by the city:
(1) Modifications made to the unit to eliminate the nuisance such as extending the chimney, or relocating the outdoor wood furnace or both; and
(2) Cease and desist operating the unit until reasonable steps can be taken to insure that the outdoor wood furnace will not be a nuisance.
(1992 Code, § 93.51) (Ord. 17-2009, passed 11-17-2009) Penalty, see § 92.99