[HISTORY: Adopted by the City Council of the City of DuBois 1-23-2006 by Ord. No. 1699. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR FURNACE
- Any equipment, device, apparatus, or any part thereof, which is installed, affixed or situated outdoors, for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for an interior space or water source.
All outdoor furnaces shall be installed, operated and maintained in accordance with the manufacturer's specifications and the regulations promulgated hereunder including the "Outdoor Furnace Best Burn Practices" in Appendix A attached hereto and made a part hereof. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply.
Editor's Note: Appendix A is an attachment to this chapter.
No contained fires shall be permitted to burn or smolder between the hours of 1:00 a.m. and 9:00 a.m. unless the contained fire is located within an approved, permitted outdoor furnace used for the sole purpose of providing heat or heating potable water for a building unit.
Outdoor furnaces are prohibited to burn from May 1 until October 30 of each calendar year unless being used for the sole purpose of providing heat for the building unit that it serves or heating potable water for use in the building unit that it serves.
Fuel used in outdoor furnaces shall be only natural, untreated wood or wood specifically permitted by the manufacturer such as coal, fuel oil, natural gas, or kerosene. The following fuels are prohibited: processed wood products and other non-wood products, garbage, recyclable material, painted and/or treated wood, and any other item not specifically allowed by the manufacturer or this section of the chapter.
All outdoor furnaces shall be considered accessory structures, located on the same lot as the building that such furnace serves.
All outdoor furnaces must be located within 30 feet of the building that such furnace serves but not closer to any property line than the setback distances for accessory structures allowed in the zoning district in which such outdoor furnace is located.
Outdoor furnaces shall be prohibited in any O-1 Office District or within 5,000 feet of any medical or medical arts facility, nursing home or school.
The minimum required lot size for an outdoor furnace shall be 50,000 square feet.
No person shall allow, maintain or use an outdoor furnace within the City of DuBois without first having obtained a permit from the City's Code Enforcement Officer on the forms prescribed by such official. The fee for this permit shall be set and revised from time to time by resolution of the Council of the City of DuBois.
All existing outdoor furnaces shall immediately comply with all manufacturer's specifications and all other provisions of this chapter, including, but not limited to, § 223-4 pertaining to fuel.
A permit may be suspended in the event that the owner fails to comply with any provision of this chapter.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $250 nor more than $2,500 plus costs and, in default of payment, to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.