CHIMNEY: Flue or flues that carries off exhaust from an outdoor furnace firebox or burn chamber.

EPA OWHH PHASE 1 PROGRAM: EPA OWHH (outdoor wood fired hydronic heater program) phase 1 program administered by the United States environmental protection agency.

EPA OWHH PHASE 1 PROGRAM QUALIFIED MODEL: An outdoor wood fired hydronic heater that has been EPA OWHH phase 1 program qualified. The model has met the EPA OWHH phase 1 emission level and has the proper qualifying label and hangtag.

EXISTING OUTDOOR FURNACE: An outdoor furnace that was purchased and installed prior to the effective date of this local law.

NATURAL WOOD: Wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.

NEW OUTDOOR FURNACE: An outdoor furnace that is first installed, established or constructed after the effective date of this local law.

OUTDOOR FURNACE: Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated 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. An outdoor furnace may also be referred to as an outdoor wood boiler or outdoor wood fired hydronic heater. (Ord. 649, 6-8-2010)

   (A)   No person shall, after the effective date of this chapter, construct, install, establish, operate or maintain an outdoor furnace other than in compliance with the applicable sections of this chapter.

   (B)   No person shall, after the effective date of this chapter operate an outdoor furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this chapter regarding fuels that may be burned in an outdoor furnace and chimney height as set forth in section 9-13-3 of this chapter.

   (C)   All new outdoor furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.

   (D)   The owner of any new outdoor furnace shall produce the manufacturer's owner's manual or installation instructions to the building permit director to review prior to installation.

   (E)   All new outdoor furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.

   (F)   If an existing outdoor furnace is, through the course of a proper investigation by any federal, state or local authority, creating a verifiable nuisance, as defined by a local, state or federal law, the following steps may be taken by the owner and the appropriate federal, state or local department having jurisdiction:

      1.   Modifications made to the unit to eliminate the nuisance such as extending the chimney, or relocating the outdoor furnace or both.

      2.   Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor furnace will not be a nuisance. (Ord. 649, 6-8-2010; amd. Ord. 803, 5-13-2025)

Outdoor furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:

   (A)   Permitted Fuels: Fuel burned in any new or existing outdoor furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup.

   (B)   Prohibited Fuels: The following fuels are strictly prohibited in new or existing outdoor furnaces:

      1.   Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.

      2.   Rubbish or garbage including, but not limited to, food wastes, food packaging, food wraps.

      3.   Any plastic materials including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

      4.   Rubber including tires or other synthetic rubberlike products.

      5.   Newspaper, cardboard, or any paper with ink or dye products.

      6.   Any other items not specifically allowed by the manufacturer or this provision.

   (C)   Setback Requirements: Setbacks for any new outdoor furnace for models not EPA OWHH phase 1 program qualified:

      1.   The outdoor furnace shall be located at least twenty five feet (25') from the property line.

      2.   The outdoor furnace shall be located on the property in compliance with manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.

      3.   The outdoor furnace shall be located at least one hundred feet (100') from any dwelling that is not served by the outdoor furnace.

   (D)   Chimney Heights For New And Existing Outdoor Furnaces:

      1.   The chimney of any new outdoor furnace shall extend at least two feet (2') above the peak of any dwelling not served by the outdoor furnace located within three hundred feet (300') of such outdoor furnace.

      2.   If there is an existing outdoor furnace already installed and a new dwelling not served by the outdoor furnace is installed within three hundred feet (300') of such outdoor furnace then the owner of such outdoor furnace shall conform to the stack height requirements of this regulation within thirty (30) days of the date such construction is complete and upon written notice from the building permit director.

   (E)   Setbacks For EPA OWHH Phase 1 Program Qualified Models:

      1.   The outdoor furnace shall be located at least twenty five feet (25') from the property line.

      2.   The outdoor furnace shall be located on the property in compliance with manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.

   (F)   Chimney Heights For EPA OWHH Phase 1 Program Qualified Models:

      1.   The EPA OWHH phase 1 program qualified model chimney shall extend at least two feet (2') above the peak of the dwelling for which it serves if neighboring dwellings not served by the furnace are located within three hundred feet (300') or the chimney shall extend at least two feet (2') above the peak of any dwelling not served by the furnace within one hundred feet (100'), whichever is greater.

   (G)   Palletized Biomass Requirements: Outdoor furnaces that use corn, wood pellets or other palletized biomass shall meet the same setback and stack height requirements as EPA OWHH phase 1 program qualified models. (Ord. 649, 6-8-2010; amd. Ord. 803, 5-13-2025)

Appeals from any actions, decisions, or rulings of the building permit director or for a variance from the strict application of the specific requirements in section 9-13-2 or 9-13-3 of this chapter may be made to the board of appeals.

   (A)   Appeals Fees: Appeals fees shall be established by the board of trustees on a schedule of fees to be maintained at the village clerk's office and available for public inspection.

   (B)   Public Hearing: Within sixty (60) days after receiving the written request, the board of appeals shall hold a public hearing on the appeal, with prior notice published in accordance with this code.

   (C)   Decision Of The Board Of Appeals: Within sixty (60) days of the final adjournment of a public hearing, the board of appeals shall affirm, modify, or deny the action, decision, or ruling of the building permit director or correct any omission by the building permit director, or approve, approve with conditions, or disapprove the application. The decision of the board of appeals shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the board of appeals. As part of any decision, the board of appeals shall direct the building permit director to issue any appropriate permit in conformity with its ruling and shall state a time by which such permit shall be issued, in conformity with this code.

   (D)   Criteria For Variances: In making its determination, the board of appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighted against the detriment of the neighborhood or community by such grant. In making such determination the board shall also consider:

      1.   Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance;

      2.   Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance;

      3.   Whether the requested variance is substantial;

      4.   Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance;

      5.   All other criteria allowed by Illinois law. (Ord. 649, 6-8-2010; amd. Ord. 803, 5-13-2025)

Any person who shall violate any provision of this chapter shall be subject to a penalty under the general penalty provision of title 1, chapter 4 of this code. Each week's continued violation shall constitute a separate and distinct offense. (Ord. 649, 6-8-2010)

Compliance with this law may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this law shall also be subject to a penalty of not more than seven hundred fifty dollars ($750.00), to be recovered by the village of Erie, and each day's continued violation shall be for this purpose a separate and distinct violation and subject to an additional penalty each day of not more than seven hundred fifty dollars ($750.00). In the event the village of Erie is required to take legal action to enforce this chapter, the violator shall be responsible for any and all necessary costs relative thereto, including attorney fees. (Ord. 649, 6-8-2010)