HomeMy Public PortalAbout2008-05 - PROHIBITING OUTDOOR HYDRONIC HEATERSORDINANCE 2008 -5
® AN ORDINANCE CREATING SECTION 6 -149 OF THE GREENCASTLE CITY CODE,
PROHIBITING OUTDOOR HYDRONIC HEATERS
WHEREAS, the use of outdoor hydronic heaters (sometimes referred to as wood -fired boilers) is
declared to be a nuisance due to the large volumes of smoke pollutants, and particulate matter that they produce
and that they release low to the ground;
WHEREAS, these pollutants add to the existing pollutant levels in the air and could cause or
contribute to short-terns and long -term health problems such as eye, nose, throat and lung irritation, coughing
and shortness of breath, and could exacerbate asthma, emphysema, and other lung- related illness.
WHEREAS, because of the general population density within the city limits, the negative aspects of
low -to- ground smoke is more likely to affect a larger percentage of residents in areas of their use and is also
more likely to cause the health problems listed above;
WHEREAS, such use creates large amounts of unsightly smoke and odors and greatly diminishes the
use and enjoyment of neighboring properties.
NOW THEREFORE be it ordained by the Common Council of the City of Greencastle that it hereby
creates Section 6 -149 of the Greencastle City Code by adding the following language
Section 6 -149. Outdoor Hydronic Heaters
• 1. Definition. For purposes of this section, "Outdoor hydronic heater" means a fuel - buming device
that is:
a. Designed to burn wood or other dry solid fuels, such as com, seed or coal, typically by
hand firing;
b. Specified by the manufacturer for outdoor installation or for installation in structures not
normally occupied by humans (e.g. garages); and
c. Designed to heat building space and/or water via the distribution, typically through pipes,
of a fluid heated in the device, typically water or a water /antifreeze mixture.
Examples of common uses include, but are not limited to, residential or commercial space
heating, heating of domestic hot water, or heating of water for swimming pools, hot tubs, or
whirlpool baths.
2. Prohibition. It shall be a violation of this Section of the Greencastle City Code to have installed,
install, use or permit the use of an Outdoor Hydronic Heater after the effective date of this
Section.
3. Exemption.
a. Outdoor Hydronic Heaters installed or operating prior to the effective date of this Section
shall be exempted from this prohibition so long as the following criteria are met:
i. Documentation is available to verify the date of installation;
ii. The Outdoor Hydronic Heater complies with all applicable federal, state and
local laws;
iii. The Outdoor Hydronic Heater does not otherwise create a public nuisance, as
defined in the Greencastle City Code;
iv. The Outdoor Hydronic Heater is installed in compliance with municipal building
O codes pertaining to the installation of any primary heating source;
v. The Outdoor Hydronic Heater uses only dry fuel (such as wood or corn pellets,
seed or coal)
b. The Burning of trash or any other non - approved materials is strictly prohibited. O
c. Existing exempted outdoor hydronic heaters may not be replaced in the event they
become inoperable.
4. Penalty. A violation of this Section of the Greencastle City Code shall constitute a Class D
ordinance violation and shall be subject to a fine in the amount of Fifty Dollars ($50.00) per
violation. Each day that a violation occurs shall constitute a separate violation, subject to the
above penalty. In addition to the monetary fine, the City may enforce this section by obtaining an
injunction or other court order directing the removal of the outdoor hydronic heater or ordering the
owner or other person not to operate the device.
This Ordinance shall have full force and effect upon passage of the Greencastle Common Council and
its approval by the Mayor.
PASSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this `�� day
of a ' 2008.
hn Lanie Vir nia S. Bingham
Ma k N. Hammer Terry Smith
Adam Cohen
Approved and signed by me this \� day of
m. C
ATTEST: Sue Murray, Mayor
Teresa Glenn, Clerk- Treasurer
2008 at �' yS o'clock
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