1297.03   GENERAL REGULATIONS FOR OUTDOOR WOOD FURNACES.
   (a)   Outdoor wood furnaces shall be installed in the rear yard only.
   (b)   No person shall, from the effective date of this chapter, construct, establish or install a new outdoor wood furnace and/or operate/maintain a new or existing outdoor wood furnace unless such operation conforms with the manufacturer's instructions regarding such installation, operation/maintenance and the requirements of this chapter.
   (c)   All materials used as fuel in a new or existing OWF shall be in conformance with the manufacturer's instructions or the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.
   (d)   The chimney height of a new or existing OWF shall conform to the manufacturer's instructions or the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer's recommendations are stricter, in which case the manufacturer's instructions shall apply.
   (e)   The owner of any outdoor wood furnace shall produce the manufacturer's owners manual or installation instructions to the Director of Safety Service or his/her designee for review at any time, if requested.
   (f)   All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.
   (g)   If an existing outdoor wood furnace is, through the course of proper investigation by local authorities, creating a verifiable nuisance, as defined by local or state law, the following steps may be taken by the owner and the City.
      (1)   Modifications may be made to the unit to eliminate the nuisance such as extending the chimney or relocating the outdoor wood furnace, or both.
      (2)   Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.
   (h)   Outdoor wood furnaces shall be constructed, established, installed, operated and
maintained pursuant to the following conditions:
      (1)   Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer.
      (2)   The following fuels are specifically prohibited in new or existing outdoor wood furnaces:
         A.   Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.
         B.   Rubbish or garbage including but not limited to food wastes, food packaging or food wraps.
         C.   Any plastic materials including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, synthetic fabrics, plastic films and plastic containers.
         D.   Rubber, including tires or other synthetic rubber-like products.
         E.   Newspaper (other than used in small quantities to start an initial fire in the burn chamber), cardboard, or any paper with ink dye products.
         F.   Any other items not specifically allowed by the manufacturer or this chapter.
   (i)   Setbacks for any new outdoor wood furnace that is EPA OWHH Phase I Program qualified:
      (1)   The outdoor wood furnace shall be located a minimum of 40 feet from all property lines.
      (2)   The outdoor wood furnace shall be located on the property in compliance with the manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
      (3)   The outdoor wood furnace shall be located a minimum of 100 feet from any residence, including an attached garage, that is not served by the outdoor wood furnace.
   (j)   Setbacks for any new outdoor wood furnace that is EPA OWHH Phase II Program qualified:
      (1)   The outdoor wood furnace shall be located a minimum of 25 feet from all property lines.
      (2)   The outdoor wood furnace shall be located on the property in compliance with the manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
      (3)   The outdoor wood furnace shall be located a minimum of 100 feet from any residence, including an attached garage, that is not served by the outdoor wood furnace.
   (k)   Chimney heights for an existing outdoor wood furnace shall be as follows:
      (1)   The chimney of an outdoor wood furnace shall extend at least two feet above the peak of any residence not served by the outdoor wood furnace located within 300 feet of such outdoor wood furnace. (See Fig. 1)
      (2)   If there is an existing installed outdoor wood furnace and there is new construction of a residence not served by the outdoor wood furnace within 300 feet of such outdoor wood furnace, then the owner of such furnace shall conform to the stack height requirements in these regulations within 30 days of the date such adjacent construction is complete and upon written notice from the Building and Zoning Department.
   Fig. 1 - Chimney Height of Outdoor Furnaces
   (l)   Outdoor furnaces that use corn, wood pellets or other palletized biomass shall meet the same setback and chimney height requirements as EPA Program qualified models.
(Ord. 85-2009. Passed 10-26-09)