§ 96.05  GRANDFATHER PROVISIONS.
   (A)   All existing outdoor hydronic heaters in operation at the time of the passage of this chapter are hereby grandfathered subject to the following provisions contained herein. If such existing outdoor hydronic heater does not meet the emissions standards set forth in § 96.02(F)  and is located within 300 feet of a non-served residence,  the following requirements must be met:
      (1)   A chimney shall extend either 20 feet above the ground surface or at least two feet above the peak of any residence located within 300 feet of and not served by the outdoor hydronic heater, whichever is the greater.
      (2)   All chimney extensions or chimney add-ons to outdoor hydronic heaters must have a spark arrestor.
      (3)   Existing outdoor hydronic heaters must meet the chimney requirements within 90 days from the date of this chapter.
   (B)   All existing outdoor hydronic heaters must be registered with the LaPorte County Health Department and/or the Building Inspector within 90 days after the adoption of this chapter. Any such heater which is not registered accordingly will be not be “grandfathered” and will be considered a nuisance  subject to the fines and penalties of the provisions of this chapter.
   (C)   A permit fee will not be required for an existing outdoor hydronic heater if registered within 90 days of the adoption of this chapter.
   (D)   If there is an existing outdoor hydronic heater already installed and there is new construction of a residence not served by said heater within 300 feet of that heater, the owner of such outdoor hydronic heater shall conform to the stack height requirements of § 96.05(A)(1) within 90 days after such home is complete, or upon written notice from the Health Department if determined to be a public nuisance unless the emissions standards of § 96.02(F) are met.
(Ord. 2007-10-B, passed 8-7-07)