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A. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In the event that a definition set forth herein is unclear or raises a conflict, the applicable definitions set forth by the United States Environmental Protection Agency shall prevail in construing this section.

“Certified device” means a wood stove or fireplace insert which has been certified in accordance with minimum Phase II standards adopted by the United States Environmental Protection Agency. If it cannot be verified by the director of community development that a wood stove or fireplace insert has been certified, then it is deemed uncertified.

“Cook stove” means a wood stove installed in the kitchen which is primarily designed for cooking and has a stove top and an oven, or a stove which is equipped with gas burners for cooking. Cook stoves are exempt from compliance with subsections (B) and (C) of this section.

“Fireplace” means a hearth, fire chamber and chimney, and includes:

1. “Factory-built fireplace” means a fireplace composed of listed factory-built components assembled in accordance with the terms of listing to form the completed fireplace.

2. “Masonry fireplace” means a hearth and fire chamber of solid masonry units such as bricks, stones, masonry units or reinforced concrete, provided with a suitable chimney.

“Fireplace insert” means a factory-built, field-installed product consisting of a firebox assembly designed to be installed within or partially within the fire chamber of a fireplace, which uses the fireplace flue to vent the products of combustion.

“Pellet stove” means a solid fuel burning appliance designed to heat the interior of a building. It is a forced draft heater with an automatic feed which supplies appropriately sized feed material of compressed wood pellets or other biomass material to the firebox.

“Solid fuel burning appliance” means a chimney-connected device that burns solid fuel and which is designed for purposes of heating, cooking or both.

“Stove kit” means a kit that may include a door, legs, flue pipe and collars, brackets, bolts and other hardware and instructions for assembling a wood heater with ordinary tools.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite matter.

“Wood heater” means an enclosed wood burning appliance capable of and intended for space heating, domestic water heating or indoor cooking which has an air-to-fuel ratio of less than 35:1 in the low burn cycle. It also shall have a usable firebox volume less than 20 cubic feet, weight less than 800 kilograms, and a minimum burn rate less than five kilograms per hour. Appliances that are described as factory-built fireplaces and are designed to accommodate doors or other accessories which would create the air-starved operating conditions of a wood heater are deemed to be wood heaters if they meet the criteria in the above definition with those accessories in place.

“Wood stove” means, for purposes of compliance with subsections (B) and (C) of this section, a solid fuel burning appliance which may be a wood heater or pellet stove, or an appliance with doors or other items which cause a fireplace to function as a wood heater. Wood stoves do not include exempt fireplaces, barbecue devices, gas-fired fireplaces or cook stoves.

B. General Standard. Commencing June 30, 1992, it is unlawful for any person to advertise, sell, offer to sell, install or replace any wood stove or fireplace insert in any structure within the city which is not a certified device. Wood heaters built from stove kits are subject to this standard. Fireplaces that have not been modified to create an air-starved operating condition are exempt from this standard.

C. Installation.

1. Commencing June 30, 1992, no person shall install or replace a wood stove or fireplace insert with a certified device within the city without first obtaining a permit from the director of community development for such installation in accordance with the applicable provisions of the International Building Code and International Mechanical Code adopted by the city.

2. Commencing June 30, 1992, installation or replacement of a wood stove or fireplace insert within the city shall comply with all written manufacturer’s specifications. A wood stove or fireplace insert shall not be operated until after its inspection and approval, upon completion, by the director of community development or his designee.

3. Wood heaters built from stove kits are subject to the requirements of this subsection. Fireplaces that have not been modified to create an air-starved operating condition are exempt from the requirements of this subsection. [Code 2006 § 7-1-8. Ord. 2007-16, 10-23-2007; Ord. 2019-05 § 1, 9-24-2019; Res. 2019-18 Exh. A, 9-24-2019].