(a) Definitions.
(1) “Solid fuel fired outdoor heating device” means any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
(2) “Chimney” means any vertical structure enclosing flue or flues that carry off smoke or exhaust from a solid fuel fired outdoor heating device, especially that part of such structures extending above a roof.
(b) Regulations for Solid Fuel Fired Outdoor Heating Devices.
(1) An HVAC permit must be obtained from the building standards division prior to the installation of any solid fuel fired outdoor heating device and all inspections must be performed. The applicant shall provide a site plan depicting the proposed location on the property, including distances from adjacent structures. The height of the proposed chimney stack and proposed screening plan shall be indicated.
(2) All solid fuel fired outdoor heating devices must be approved, labeled and listed by an approved agency whose listing states that the equipment has been tested and found suitable for use in the specified manner. No homemade solid fuel fired outdoor heating devices will be allowed.
(3) All solid fuel fired outdoor heating devices are required to meet emission standards currently required by the Environmental Protection Agency (EPA).
(4) All solid fuel fired outdoor heating devices shall be installed, operated and maintained in strict conformance with the manufacturer’s instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder and in the heating code shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply. The owner of the solid fuel fired outdoor heating device shall produce the manufacturer’s instructions for all devices.
(c) Substantive Requirements. All outdoor devices shall be installed, operated and maintained pursuant to the following conditions:
(1) Fuel shall be only natural untreated wood, wood, wood products, corn products or other fuels specifically permitted by the manufacturer.
(2) The following fuels are strictly prohibited.
A. Processed wood products and other non-wood products not permitted by manufacturer.
B. Garbage.
C. Painted or treated wood.
D. Tires.
E. Any other items not specifically allowed by the manufacturer or this provision.
(3) Device location and chimney heights.
A. All outdoor devices shall be located no less than 300 feet from the nearest residential building or structure (other than that serviced by the device).
B. All chimneys serving such outdoor devices must have a stack height at least three feet higher than the peak height of the highest residential structure within 300 feet thereof.
(4) Maintenance of unit and screening of unit and fuel.
A. The exterior of any outdoor heating unit shall be maintained and kept in good working condition in accordance with the manufacturer’s maintenance recommendations.
B. The outdoor heating unit and fuel storage shall be screened by approved fencing, landscaping, earth berm or other suitable enclosure. The average height of the enclosure shall be equal to the height of the outdoor heating unit or stored fuel, but shall not be required to exceed six feet in height.
(d) Amortization; Penalty.
(1) From the effective date hereof, any person who constructs, erects, operates, replaces or modifies any solid fuel fired outdoor heating device that does not meet the requirements of this section or Part 13 of the Codified Ordinances of the City of Massillon, shall be penalized in accordance with Part 13 hereof. If any person shall have constructed or erected any solid fuel fired outdoor heating device prior to the effective date of this section, s/he shall be required to bring it into compliance with this chapter within a period of five years from the effective date hereof; provided, however, that with respect to the stack height thereof, s/he shall be required to bring the stack height into compliance with this chapter within a period of ninety days from the effective date hereof.
(2) Illegally constructed or erected solid fuel fired outdoor heating devices shall be removed at the cost of the owner within thirty days of the first citation.
(Ord. 87-2010. Passed 8-16-10.)