[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:
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.[1] 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.
[1]
Editor's Note: Appendix A is an attachment to this chapter.
A.
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.
B.
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.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
Fuel used in outdoor furnaces shall be only natural, untreated
wood or fuel 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.
A.
All outdoor furnaces shall be considered accessory structures, located
on the same lot as the building that such furnace serves.
B.
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.
C.
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.
D.
The minimum required lot size for an outdoor furnace shall be 50,000
square feet.
A.
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.
B.
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.
C.
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.
