§ 153.238  OUTDOOR WOOD FURNACES.
   (A)   The purpose of this section is to protect the public health, safety, and welfare by prohibiting certain outdoor furnaces and by requiring that all outdoor furnace systems are properly installed and maintained consistent with this chapter and the manufacturer’s instructions.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ENVIRONMENTAL PROTECTION AGENCY OUTDOOR WOOD HYDRONIC HEATER (EPA OWHH) PHASE 1 PROGRAM QUALIFIED MODEL.  An outdoor wood furnace that has been EPA OWHH Phase 1 Program Qualified, meets all EPA OWHH Phase 1 emission levels, and has the proper qualifying label and hangtag.
      NATURAL WOOD.  Wood which has not been painted, varnished, or coated with a similar material, has not been chemically treated, has not been pressure treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products.
      OUTDOOR WOOD FURNACES.  As defined by the Environmental Protection Agency and including a boiler, wood-fired hydronic heater, any equipment, device, appliance, or apparatus, or any part thereof, which is installed, affixed, or situated outdoors for the primary purpose of combustion of wood to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
   (C)   This section shall apply to outdoor wood furnaces which are installed or thereafter replaced or substituted after the effective date of this amendment.
      (1)   No person shall construct, install, establish, operate, or maintain an outdoor wood furnace except as permitted under this section and in compliance with manufacture’s specifications. If there is a conflict between the manufacture’s specifications and this section, the more restrictive shall apply.
      (2)   Only EPA OWHH Phase 1 Program Qualified Models are permitted.
      (3)   The outdoor wood furnace must be installed and maintained in accordance with the manufacture’s standards and specifications.
      (4)   The burning of rubbish, garbage, plastic materials, foam or synthetic, newspaper, cardboard, or any other material not with the definition of natural wood is prohibited.
      (5)   The outdoor wood furnace must be set back no less than 125 feet from adjacent property boundaries.
      (6)   The outdoor wood furnace shall be at least 40 feet from the residence serviced.
      (7)   The outdoor wood furnace shall not be located in the front yard of the property.
      (8)   The outdoor wood furnace shall have a sufficient buffer established to deter fire.
      (9)   The outdoor wood furnace shall not be installed on a parcel of land less than five acres.
   (D)   Application of ordinances to outdoor wood furnaces which were installed prior to the effective date of this amendment.
      (1)   Such outdoor wood furnace must be operated and maintained in compliance with the manufacturer’s specifications. If there is a conflict between the manufacturer’s specifications and this section, the more restrictive shall apply.
      (2)   Divisions (C)(4) and (C)(8) above shall apply.
      (3)   Division (C) above shall apply for any replacement or substitution of such outdoor wood furnace.
      (4)   Should the Zoning Administrator, after due investigation, determine the outdoor wood furnace to be a verifiable nuisance or if verifiably interfering with the health, safety, and welfare of the adjacent property owners or occupants, the use of such outdoor wood furnace shall cease.
   (E)   (1)   Prior to installation of an outdoor wood furnace covered by division (C) above or a replacement of an outdoor wood furnace covered by division (D) above, a zoning compliance permit must be obtained and a permit fee paid as may be established by the Board of Trustees of the township.
      (2)   Application for a permit must be by written request which shall include a copy of the owner’s manual and installation instructions of the proposed outdoor wood furnace.
      (3)   A drawing to scale showing the existing boundary lines and proposed location of the outdoor wood furnace shall demonstrate the proposed outdoor wood furnace shall be installed in compliance with this section.
      (4)   The Zoning Administrator shall grant a zoning compliance permit if it is determined that the proposed outdoor wood furnace complies with this section and the manufacturer’s specifications.
(Ord. 5, passed 1-18-1973)