1509.06 OUTDOOR WOOD-BURNING FURNACES.
   (a)   For purposes of this section, “outdoor wood-burning furnace” means an accessory structure or appliance designed to be located outside a dwelling house or other building on a tract of real estate and designed to transfer or provide heat, via liquid or other means, through the burning of wood or solid waste, for heating spaces in any structure or appliance on the premises other than where such structure or appliance is located, or for heating domestic, swimming pools, hot tub or Jacuzzi water.  “Outdoor wood-burning furnace” does not include a fire pit or wood- fired barbecue.
   (b)   No person shall construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless the outdoor wood-burning furnace complies with all of the following:
      (1)   The outdoor wood-burning furnace, as installed, is at least two hundred feet from the nearest residential structure, including without limitation, houses, garages, or other accessory buildings, not serviced by the outdoor wood- burning furnace;
      (2)   Installation of the chimney of the outdoor wood-burning furnace is at a height that is more than the height of the roof peaks of the residences that are located within five hundred feet of the outdoor wood-burning furnace, which residences are not serviced by the outdoor wood-burning furnace, provided the chimney height is not more than fifty-five feet.
      (3)   No other materials are burned in the outdoor wood-burning furnace other than wood that has not been chemically treated; and
      (4)   Installation and operation of the outdoor wood-burning furnace is in accordance with the manufacturer’s written instructions, provided such instructions do not conflict with the provisions of this section.
      (5)   Regulations issued by the West Virginia Air Pollution Control Commission.
   (c)   Any person who operates an outdoor wood-burning furnace in violation of this section shall be guilty of a minor misdemeanor, and fined not more than one hundred fifty dollars ($150.00).  Each day of operation of such outdoor wood-burning furnace in violation of this section shall be deemed a separate violation.
(Ord. 2014-3.  Passed 6-17-14.)