City of Kalamazoo, MI Article II Outdoor Furnaces [1]

[Adopted 8-3-2009 by Ord. No. 1858; amended in its entirety 8-19-2019 by Ord. No. 1995]

[1] Editor's Note: Former Art. II, §§ 15-17 through 15-28, was repealed 9-27-1982 by Ord. No. 1268. Formerly, said provisions were relative to the Fire Department and derived from Adm. Code §§ A211.1, A211.31 through A211.36; and Ord. No. 914, adopted 12-13-1971. The prevention of fires is now a function of the Department of Public Safety, and provisions relative to said Department may be found in § 2-291 et seq.

§ 15-17 Purpose.

A. Research conducted by the United States Environmental Protection Agency indicates that outdoor furnaces cause emission problems which can affect human health and safety. Smoke generated by outdoor furnaces can cause visibility problems, worsen cardiovascular diseases, irritate eyes and lungs, trigger headaches, and contribute to respiratory diseases such as asthma, emphysema, and bronchitis. In addition, emissions from outdoor furnaces contain harmful air pollutants such as sulfur oxides, nitrogen oxides, carbon monoxide, and other potentially disease-causing compounds such as polycyclic aromatic hydrocarbons, benzene, formaldehyde, and dioxins.

B. Persons living and working within residential, commercial, and industrial establishments situated within the City are entitled to clean air and environmental circumstances free of unreasonable smoke, odor, and fumes, as well as living within an aesthetically pleasing environment through the proper storage of debris and combustible fuels.

C. The purpose of this article is to protect the public health, safety, and welfare of the residents of the City of Kalamazoo from excessive smoke, pollution, soot, contamination, and other toxic air pollutants and offensive odors emanating from outdoor furnaces and to regulate the location and use of same.

§ 15-18 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CLEAN WOOD

Wood that has no paint, stains, or other types of coatings, and wood that has not been treated or combined with any petroleum product, chemical, preservative, adhesive, or other substance, including, but not limited to, copper chromium, arsenate, creosote, or pentachlorophenol.

OUTDOOR FURNACE

Sometimes referred to as a "hydronic heater," any boiler, stove, furnace, or other appliance designed, intended or used to provide heat and/or hot water to any residence or other structure, which operates by the burning of wood, coal, corn, or other type of solid fuel, and which is not located within a building intended for habitation by humans or domestic animals. Not included in this definition is any device which is fueled by natural gas, propane or fuel oil, if the device has been inspected and approved by the City's mechanical inspector, or any device which is solely designed or used to heat the structure in which the device is located.

§ 15-19 Restrictions.

It is unlawful to install or operate an outdoor furnace or cause or permit the installation or operation of an outdoor furnace within the City except as specifically authorized and permitted in this article.

§ 15-20 Permit required; fee.

A. Any outdoor furnace existing within the City on August 1, 2009, shall be inspected, and any outdoor furnace installed on or after August 1,2009, shall require the issuance of a permit by the Code Administration Division of the Community Planning and Development Department.

B. The permit application shall include information necessary to assure compliance with this article, including, but not limited to:

(1) A drawing identifying all the information necessary to assure compliance with this article, including property lines and the location and height of neighboring structures.

(2) A copy of the manufacturer's specifications for the outdoor furnace.

C. The City may charge a fee to cover the reasonable cost of inspection and administration of issuing a permit under this section.

§ 15-21 Installation standards.

Every owner or person in control of an outdoor furnace installed on or after August 1,2009, shall comply with the following requirements and standards:

A. No outdoor furnace shall be located on a parcel that is part of a condominium subdivision or platted subdivision.

B. No outdoor furnace shall be located on a parcel of land less than three acres in area.

C. No more than one outdoor furnace shall be permitted on any parcel of land.

D. Before undertaking any excavation to install an outdoor furnace, provide notification to public utilities pursuant to MCLA 460.701 et seq., being the Protection of Underground Facilities Act (MISS DIG).

E. Such devices shall meet all specifications provided by the manufacturer, and, in addition, they must conform to any state construction code provisions that are applicable and to the City's fire prevention code. All outdoor furnaces must be Underwriter Laboratories Inc., listed, certified or otherwise approved by another product safety certification organization.

F. An outdoor furnace shall have a permanent chimney, equipped with a spark arrestor, which extends at least 15 feet above the ground surface and is at least two feet higher than the height of the highest roof peak of any dwelling in existence when the device is installed and which is owned by a person other than the owner of the outdoor furnace and is located within 500 feet of the outdoor furnace.

G. An outdoor furnace shall be installed 50 feet or more from a property line and at least 350 feet from the nearest building which is not on the same parcel as the appliance.

H. No outdoor furnace shall be installed or located in the front yard setback of a parcel.

I. Any outdoor furnace installed within the City on or after August 1, 2009, shall meet or exceed the United States Environmental Protection Agency's (EPA) smoke emission standards for Phase 2 qualified (white tag models) hydronic heaters.

§ 15-22 Operation standards.

A. Outdoor furnaces shall not be used to burn any fuel other than a fuel listed by the manufacturer as a fuel that the device has been designed to handle. Outdoor furnaces shall not be used to burn recyclable materials, plastics, rubber, paper products, trash, rubbish, garbage or yard waste, or any wood that does not meet the definition of "clean wood."

B. No outdoor furnace shall be operated from April 15 through October 15, inclusive, in any calendar year.

C. Ashes or waste resulting from burning fuel in an outdoor furnace shall not be accumulated or stored on the premises.

D. All fuel materials shall be neatly stacked or stored.

E. Fires in an outdoor furnace shall not be tended by persons under the age of 15 years old.

§ 15-23 Existing outdoor furnaces.

A. The owner or person in control of an outdoor furnace which exists in the City as of August 1, 2009, shall operate such device in conformance with the operation standards set forth in this article, and the appliance may remain in place only if the owner or person in control applies for a technical code inspection from the City's Code Administration Division within 30 days of the effective date of this article to assure proper installation and operation of the outdoor furnace. Such inspection by the City shall occur within 15 business days following application.

B. Prior to the completion or consummation of the sale or transfer of any real property, upon which, as of August 1, 2009, there exists an outdoor furnace that does not meet the EPA Phase 2 Qualified smoke emission standards for hydronic heaters, the furnace shall be either replaced with an outdoor furnace that meets the installation standards of this article or removed.

§ 15-24 Nuisance.

Any outdoor furnace installed or operated in violation of this article is declared to be a nuisance per se. Nothing in this article shall be deemed to bar, limit, or otherwise affect the rights of any person to take private legal action regarding damage or nuisance caused by the use of an outdoor furnace.

§ 15-25 Conflicts.

This article shall not be construed as an exemption or an exception to any other provision of the City ordinances, including but not specifically limited to the City's Zoning Code or any other code adopted by reference as an ordinance for which the City is the enforcing agency. In the event of a conflict between the provisions of this article and any other ordinance or other provision of law, the more restrictive provision shall apply.

§ 15-26 Enforcement.

A. All outdoor furnaces shall be subject to inspection by the City's building and mechanical inspectors and the Fire Marshal to assure that the provisions of this article have been, and continue to be, satisfied.

B. The Department of Public Safety and Building inspection officials are authorized and designated to issue notices and citations for violations of this article.

§ 15-27 Penalty.

Any person who violates this article shall be responsible for a municipal civil infraction punishable by a fine of $100 for each violation, plus court costs. In addition, the City shall have the ability to proceed in any court of competent jurisdiction to obtain equitable relief or any other appropriate remedy to compel compliance with this article.