§ 91.02. OUTDOOR FREE-STANDING FURNACES.

(A) Purpose. The purpose of this section is to establish and impose restrictions upon the construction and operation of outdoor furnaces within the limits of the village to secure and promote the public health, safety and welfare of the village and its inhabitants. Outdoor furnaces can create noxious and hazardous smoke, soot, fumes, odors, air pollution, particles and other products of combustion, particularly when restricted airflow and low operating temperatures are present. These products can be detrimental to citizen’s health and can deprive neighboring residents of the enjoyment of their property. These regulations are intended to eliminate noxious and hazardous conditions caused by outdoor furnaces.

(B) Definitions.FREE-STANDING FUEL-BURNING FURNACE is any device or structure that:

(1) Is designed, intended or used to provide heat and/or hot water to any residence, or other structure;

(2) Operates by the burning of wood or other fuel;

(3) Is not located within a residential or other structure for which it provides heat, unless the structure is designed solely to house the furnace; and

(4) Excluded from the definition of a FREE-STANDING FUEL-BURNING FURNACE is any device which is not designed or used to heat a structure other than the structure in which it is located.

(C) Regulations. It shall be unlawful to install or operate a free-standing fuel-burning furnace, within the village.

(D) Existing free-standing fuel-burning furnace. This section shall not apply to any freestanding fuel-burning furnace that was installed, connected and operating as of the effective date of this section. However, this section shall not be deemed as specific authorization for the use of any pre-existing free-standing fuel-burning furnace and shall not be deemed to bar, limit or otherwise affect the rights of any person to take private legal action regarding damage to a nuisance caused by the use of a free-standing fuel-burning furnace. If a pre-existing free-standing fuel-burning furnace is converted, moved to a new location within the same property or is adapted to service additional structures, it will be construed to be a newly installed furnace and this section shall apply in its entirety. Any free-standing fuel-burning furnace installed or operated in violation of this section is hereby declared to be a nuisance per se.

(Ord. 89, passed 7-27-2009) Penalty, see § 91.99