§ 153.081 BIOFUEL BURNERS.
   (A)   Purpose. It is recognized and found that wood smoke and smoke generated by other outdoor solid fuel (biofuel) heating devices is hazardous to an individual's health and may affect the health of the general public when they are involuntarily exposed to the presence of smoke, and that breathing smoke is a significant health hazard particularly to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory functions. It is also recognized that biofuel burners are designed and intended to be a primary heat source, and therefore burn and emit smoke on a continual basis. Furthermore, significant fire safety risks are involved with units that are not properly installed, or do not have proper safety equipment such as spark arrestors; or are installed in close proximity to other buildings. The purpose of this section is to protect the public health, safety, comfort and general welfare of citizens against the hazards posed by biofuel burners.
   (B)   Definitions.
      BIOFUEL BURNER. A device, structure, or apparatus that supplies direct or indirect heat to a building from the burning of solid fuel, including but not limited to, wood, corn, biomass pellets and other solid biofuels. Traditional woodburning stoves and fireplaces are excepted from this section.
      STACK or CHIMNEY. Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a biofuel burner.
   (C)   Prohibition. Outdoor biofuel burners are prohibited and shall not be installed or operated within the city.
   (D)   Preexisting outdoor biofuel burners.
      (1)   All legally existing biofuel burners installed within city limits at the time of adoption of this section are required to meet emission standards currently required by the United States Environmental Protection Agency (USEPA), which are hereby adopted by reference, together with any amendments or modifications made to them in the future.
      (2)   Preexisting outdoor biofuel burners shall also be subject to the use regulations set forth in divisions (B), (F) and (G) herein. No preexisting biofuel burners shall hereafter be extended, enlarged, or expanded. At such time as the useful life of a nonconforming wood-burning unit or solid fuel-fired heating device has elapsed, or would need to be repaired to function properly, the unit cannot be replaced and must be abandoned, not used, and removed from the property immediately.
   (E)   Permit required. The city requires any person to obtain a building permit for any biofuel burner to be installed within a building after the date this section becomes effective.
   (F)   Registration. All existing burner shall be registered with the city within 60 days of the date of this section using a form approved by the city.
   (G)   Use regulations. All permitted biofuel burners shall be subject to the following use regulations:
      (1)   Stacks.
         (a)   The minimum stack height for any biofuel burner shall meet or exceed the manufacturer’s guidelines.
         (b)   Any existing, noncomplying stack shall be removed, replaced, or modified within a period of 60 days from the receipt of a notice generated from the Building Official.
         (c)   All stacks or chimneys must be constructed to withstand high winds or other related elements and according to the specifications of the manufacturer of the biofuel burner.
      (2)   Use period. Biofuel burners may only be used each year from September 1 to May 31, unless the furnace is being used to provide domestic water service.
      (3)   Allowed fuels. Only the following materials may be burned in the biofuel burner: biomass pellets, corn, firewood, and clean, untreated lumber or other wood product prepared or cut to length appropriate for burning.
      (4)   Waste incineration prohibited. No biofuel burners shall be utilized in any manner as a waste incinerator, nor shall diseased wood be used.
      (5)   Smoke and fumes. Any dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities, or any use of biofuel burner to burn solid fuels other than those solid fuels for which the biofuel burner was designed, is declared a public nuisance.
      (6)   Fuel storage. Outdoor fuel storage is limited to two cords of wood, which is the amount of wood that can be stacked to 4 feet high by 4 feet wide by 8 feet long. Other fuel sources are similarly limited to a volume not to exceed 4 feet high by 4 feet wide by 8 feet long. Any structures constructed to contain or store fuel for biofuel burners must be constructed in accordance with the applicable zoning regulations.
(Ord. 2013-6-1, passed 6-11-2013)