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HomeMy WebLinkAbout0348 Solid Fuel Heaters 1990CITY OF CHUBBUCK, IDAHO ORDINANCE NO. #348 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING CHAPTER 8.30 TO THE CHUBBUCK MUNICIPAL CODE TO PROVIDE STANDARDS FOR THE TYPE OF SOLID FUEL HEATERS, INCLUDING WOOD STOVES, TO BE SOLD OR INSTALLED IN THE CITY; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. The following Chapter 8.30 shall be added to the Chubbuck Municipal Code: Chapter 8.30 Solid Fuel Heaters 8.30.010 Definitions. as used in this Chapter: The following definitions shall apply A. SOLID FUEL is wood, coal and other similar organic materials and any combination of them. B. SOLID FUEL HEATER is an enclosed solid fuel burning appliance capable of and/or intended for environmental space heating and/or domestic water heating, including but not limited to, air tight stoves, room heaters, fireplace stoves, Franklin stoves and fireplace inserts. C. CLEAN BURNING SOLID FUEL HEATER is a solid fuel heater that has been determined by the Fire Department to comply with the standards for particulate matter discharge as set forth in 40 CFR 60.532 by the United States Environmental Protection Agency (EPa). 8.30.020 Sale of Equipment. No person shall advertise for sale, offer to sell, or sell within the corporate limits of Chubbuck, a solid fuel heater which has not been determined to be a clean burning sold fuel heater. 8.30.030 Installation of Equipment. No solid fuel heater shall be installed or allowed to be installed in any new or existing building unless it meets the standards of a clean burning solid fuel heater. This shall also apply to any solid fuel heater installed after the effective date of this ordinance which replaces a solid fuel heater installed prior to this ordinance. 8.30.040 Penalty. Any person violating the provisions of this chapter shall be guilty of a misdemeanor. The City may Ordinance - Page 1 dsc chbbckll.055 additionally pursue civil remedies, including injunctive relief, for violations. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 27th. day of NOV~L~BER , 1990. AYOR ATTEST: CITY CLERK Ordinance - Page 2 dsc chbbckll.055