(a) Definitions.
(1) “Outdoor wood furnace” means any equipment, device, appliance 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. An outdoor wood furnace may also be referred to as a outdoor wood boiler or outdoor wood-fire hydronic heater.
(2) “Chimney” means a flue or flues that carry off exhaust from an outdoor wood furnace firebox or burn chamber.
(3) “EPA OWHH Phase 1 Program” means the EPA OWHH (Outdoor Wood- fired Hydronic Heater Program) Phase 1 Program administered by the United States Environmental Protection Agency.
(4) “EPA OWHH Phase 1 Program Qualified Model” means an outdoor wood- fired hydronic heater that has been EPA OWHH Phase I Program qualified. The model has met the EPA OWHH Phase 1 emission level and has the proper qualifying label and hangtag.
(5) “Existing outdoor wood furnace” means an outdoor wood furnace that was purchased and installed prior to the effective date of this local law.
(6) “Natural wood” means wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
(7) “New outdoor wood furnace” means an outdoor wood furnace that is first installed, established or constructed after the effective date of this local law.
(b) Regulations.
(1) No person shall, from the effective date of this local law, construct, install, establish, operate or maintain an outdoor wood furnace other than in compliance with the applicable section of this local law.
(2) No person shall, from the effective date of this local law, operate an outdoor wood furnace unless such operation conforms with the manufacturer’s instructions regarding such operation and the requirements of this local law regarding fuels that may be burned in such outdoor wood furnace as set forth in subsections (c)(1) and (2) hereof and chimney height as set forth in subsection (c)(4) hereof.
(3) 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 local law. In the event of a conflict, the requirements of this local law shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.
(4) The owner of any new outdoor wood furnaces shall produce the manufacturer’s owner’s manual or installation instruction to the Code Enforcement Department to review prior to installation.
(5) 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.
(6) If an existing outdoor wood furnace is, through the course of proper investigation by local authorities, creating a verified nuisance, as defined by local or state law, the following steps may be taken by the owner and the Code Enforcement Department having jurisdiction:
A. Modification made to the unit to eliminate the nuisance such as extending the chimney, or relocating the outdoor wood furnace, or both.
B. Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.
C. Remove unit if modification or relocation does not eliminate nuisance.
(c) Substantive Requirements. Outdoor wood furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:
(1) Permitted fuels. Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass fuels or other listed fuels specifically permitted by the manufacturer’s instructions such as fuel oil, natural gas or propane backup.
(2) Fuels prohibited. The following fuels are strictly 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, food wraps.
C. Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
D. Rubber, including tires or other synthetic rubber-like products.
E. Newspaper, cardboard, or any paper with ink or dye products.
F. Any other items not specifically allowed by the manufacturer or this provision.
(3) Setbacks for any new outdoor wood furnace.
A. The outdoor wood furnace shall be located at least 25 feet from the property line.
B. The outdoor wood furnace shall be located on the property in compliance with manufacturer’s recommendations and/or testing and listing requirements for clearance to combustible materials, not to be less than 50 feet from any structure.
C. The outdoor wood furnace shall be located at least 100 feet from any residence that is not served by the outdoor wood furnace.
(4) Chimney heights for new and existing outdoor wood furnaces.
A. The chimney of any new outdoor wood furnace shall extend at least 2 feet above the peak of any residence not served by the outdoor wood furnace located within 200 feet of such outdoor wood furnace.
B. If there is an existing outdoor wood furnace already installed and there is new construction of a residence not served by the outdoor wood furnace within 200 feet of such outdoor wood furnace then the owner of such outdoor wood furnace shall conform to the stack height requirements of this regulation within 30 days of the date of such construction is complete and upon written notice from the Code Enforcement Department.
(d) Appeals. Appeals from any actions, decisions, or rulings of the Code Enforcement Department or for a variance from the strict application of the specific requirements of subsections (b) or (c) hereof may be made to the Zoning Board of Appeals. Requests for all appeals shall be made in writing to the Board of Appeals not later than 20 days of the act, decision, or ruling from which relief is sought. (Passed 2-9-09.)