[HISTORY: Adopted by the Village Board of the Village of
Hobart 1-16-2018 by Ord. No. 2018-01.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Chapter
177, Furnaces, Outdoor, adopted as § 3.95 of the 2000 Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Any equipment, device or apparatus, or any part thereof,
which is not installed within the primary or principal structure,
whether installed indoors or outdoors, for the primary purpose of
combustion of fuel to produce heat or energy used as a component of
a heating system providing heat for any interior space or water source.
Wood cut from trees which has been split, stacked, and allowed
to dry for a minimum of six months.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor solid-fuel-fired heating device;
especially that part of such structures extending above a roof.
Any self-contained heating plant, equipment, device or apparatus
designed for the combustion of solid fuel employing the transfer of
heat through hydronic methods. Wood boilers are also called wood-fired
furnaces, wood-fired stoves, and outdoor furnaces.
A.
Wood boilers are prohibited in all zoning districts, except in A-1
and A-2 Zoning Districts.
B.
All detached heating devices shall be installed, operated and maintained
in strict conformance with the manufacturer's instructions and
the regulations promulgated hereunder. In the event of a conflict,
the regulations promulgated hereunder shall apply unless the manufacturer's
instructions are more strict than the regulations promulgated hereunder,
in which case the manufacturer's instructions shall apply.
C.
All detached heating devices installed within the Village limits
are required to meet the following regulatory standards:
(1)
Emission standards currently required by the Environmental Protection
Agency (EPA). Emission standards currently required by the EPA are
hereby adopted by reference together with any amendments or modifications
made to them in the future.
(2)
Testing and listing: All devices shall be listed by a testing agency
acceptable to the Village of Hobart.
D.
Substantive requirements. All detached heating devices and wood boilers
shall be installed, operated and maintained pursuant to the following
conditions:
(1)
Fuel. Only fuels specifically permitted, identified, or recommended
by the manufacturer shall be used, except that the following fuels
are strictly prohibited:
(a)
Industrial waste, rubber, plastic, toxic chemicals, hazardous
waste, yard waste, painted or chemically treated wood, processed wood
products (except for wood pellets manufactured for use in heating
devices), household garbage, cardboard, waste paper, or animal waste.
(b)
Kerosene.
(c)
Corn, corn cobs (except in A-1 and A-2 Zoning Districts).
(d)
Any other items not specifically allowed by the heating device
manufacturer or this section.
(2)
Wood boiler location and chimney requirements shall be as follows:
(a)
Twenty-five feet from nearest side or rear property line.
(b)
One hundred feet from any road.
(c)
Twenty-five feet from any structure.
(d)
Fifteen feet minimum chimney height.
(e)
Chimneys shall be a minimum of two feet above the highest eave
line of any building within 100 feet.
(f)
Chimneys shall be supported to withstand winds up to 90 miles
per hour.
E.
Existing detached heating devices. All existing legally permitted and installed units shall immediately comply with all manufacturer's specifications and be subject to Subsection D(1), Fuel, within 30 days from the effective date of this chapter. All existing nonconforming devices, upon the complaint of a Village resident, shall be removed, replaced, or modified to meet the requirements of this chapter within 45 days of notification of noncompliance from the Village Zoning Administrator/Building Inspector, Police Department, or other Village officer or agent.
F.
Permits.
(1)
No person shall allow, maintain or use a detached heating device
in the Village of Hobart without first having obtained a permit from
the Village Zoning Administrator/Building Inspector on the forms prescribed
by such official. Permit fee per schedule.
(2)
Violations. A permit may be suspended in the event the owner fails
to comply with this chapter.
Where the Village finds that extraordinary hardship will occur
from the enforcement of this chapter, upon application to the Village
Board, said Village Board may vary the regulations contained herein
to afford substantial justice, provided that such variation will not
have the effect of nullifying the intent and purpose of this chapter.