(A) Purpose. This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the town due to air pollution and fire hazards of outdoor burning.
(B) Applicability. This section applies to all outdoor wood and other fired furnaces within the town. This section does not apply to the following activities:
(1) Outdoor grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances;
(2) Burning in a stove, furnace, fireplace or other heating device located within a building used for human habitation or occupation unless the material being burned includes refuse as defined herein;
(3) The use of propane, acetylene, natural gas, heating oil, gasoline or kerosene in a device intended for heating, construction, or maintenance activities.
(C) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEAN WOOD. Natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservative, and does not contain resins or glues as in plywood or other composite wood products.
FIRE CHIEF. Chief of the Osgood Volunteer Fire Department, or other person authorized by the Fire Chief.
HARD WOOD. Wood from broad-leaved deciduous trees such as oak, beech, maple, ash, sweet gum or poplar.
HEATING SEASON. From October 1 through May 1.
OUTDOOR BURNING. Burning in an outdoor furnace.
OUTDOOR FURNACE. A furnace, stove, boiler or similar device, or any part thereof, designed for burning wood, coal, corn, or any other combustible material, to produce heat or energy used as a component of a heating system providing heat for interior space or water source, and that is not located within a building intended for habitation or occupation by humans.
REFUSE. Any waste material except clean wood.
RIDGE LINE. The horizontal line formed by the junction of two sloping planes, especially the line formed by the surfaces at the top of a roof.
(D) General prohibition on outdoor burning and refuse burning. Outdoor burning and refuse burning are prohibited in the town unless the burning is specifically permitted by this section.
(E) Material that may not be burned. Unless a specific written approval has been obtained from the Indiana Department of Environmental Management, or other appropriate state or federal agency, the following materials may not be burned in an outdoor incineration or heating device:
(1) Rubbish or garbage, including but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris, or other household or business wastes.
(2) Waste oil or other oily wastes, unless otherwise permitted by the Indiana Department of Environmental Management.
(3) Asphalt and products containing asphalt.
(4) Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
(5) Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, synthetic fabrics, plastic films and plastic containers.
(6) Rubber including tires and synthetic rubberlike products.
(7) Newspaper, corrugated cardboard, container board and paper products. Notwithstanding the foregoing provisions, small quantities of newspaper, paper and cardboard products may be used as starter fuel for any fire that is permitted under this section.
(F) Outdoor furnaces. Ground level pollution of smoke and particulate matter caused by the incomplete combustion of outdoor furnaces in the town is hereby declared to be a nuisance. Outdoor furnaces shall not be permitted to be installed, used or maintained within the corporate town limits.
(G) Existing outdoor furnaces. Any existing outdoor furnaces in the town of Osgood shall be installed, used, operated and maintained in strict compliance with the provisions of this section.
(1) All outdoor furnaces 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 stricter of the manufacturer’s instructions or the regulations promulgated hereunder shall control.
(2) The outdoor furnace shall have a chimney or stack through which all smoke and by-products of combustion are emitted, the height of which shall be determined by the distance from the nearest residence or other building intended for human occupation which is not served by, or owned by the owner of, the outdoor furnace, as follows:
(a) Zero to 100 feet - height of the ridge line of the nearest residence or occupied building not served, plus two feet.
(b) More than 100 feet - 75% of the ridge line of the nearest residence or occupied building not served, plus two feet.
(c) In no event shall the chimney or stack height be less than 15 feet from ground level.
(d) The chimney stack must be dismantled, cleaned, and inspected on an annual basis during the off heating season and may not be reconstructed until the beginning of the heating season.
(e) Any furnace that is not appropriately sheltered per manufacturer’s specifications should be a minimum of 25 feet from the property line and a minimum of 75 feet from any other residential home. Furnaces in existence at the time this section takes effect are presumed to be properly sheltered.
(f) Enforcement of the requirements of this division (G)(2)(a) and (b) may be waived upon receipt by the Fire Chief of the town, written notices of waiver by the landowners of the two nearest residences to the property served by the furnace. It is the responsibility of the furnace owner to obtain the written notices of waiver.
(3) Only clean hard wood may be burned in an outdoor furnace and it only may be burned during the heating season. Under no circumstance may coal, or any materials prohibited under division (E) hereof be burned in an outdoor furnace.
(4) The outdoor furnace shall be sufficiently vented to induce complete primary combustion.
(5) The owner of the outdoor furnace shall operate the same in a manner which is not harmful, and does not create a nuisance or unreasonable interference with the use and enjoyment by owners or occupants of neighboring properties, and the public in general.
(6) Owners of existing outdoor furnaces within the town shall bring the same into compliance with this section within 30 days from the effective date of this section.
(7) Ownership cannot be changed for existing outdoor furnaces. In the event the real estate upon which an outdoor furnace exists is transferred in any manner from its current owners, the outdoor furnace must be dismantled.
(H) Right of entry and inspection. The Fire Chief or any authorized Code Enforcement Officer of the town who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.
(I) Enforcement. The Fire Chief or his or her designee and the Police Department are authorized to enforce the provisions of this section.
(Ord. 2019-1, passed 1-15-2019) Penalty, see § 91.99