11-875

11-875. Clean burning fireplace
ordinance

A. By December 31, 1998, a county that contains any portion of area A as defined in
section 49-541 shall adopt, implement and enforce an ordinance that complies with the
clean burning fireplace standards adopted by the metropolitan planning organization that
is responsible for air quality planning in area A. A county that contains any portion of
area A as defined in section 49-541 that has a population of less than one million two
hundred thousand persons according to the most recent United States decennial census
shall adopt, implement and enforce the ordinance only in those portions of the county
which are located in area A. The ordinance shall prohibit the installation
or construction of a fireplace or wood stove in area A unless it is one of the
following:

1. A fireplace that has a permanently installed gas or electric log insert.

2. A fireplace, a wood stove or any other solid fuel burning appliance that is any
of the following:

(a) Certified by the United States environmental protection agency as in compliance
with 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

(b) A wood stove tested and listed by a nationally recognized testing agency to
meet performance standards equivalent to those in 40 Code of Federal Regulations part 60,
subpart AAA in effect on July 1, 1990.

(c) Determined by the county air quality control officer to meet performance
standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in
effect on July 1, 1990.

3. A fireplace that has a permanently installed wood stove insert that complies
with paragraph 2, subdivision (a), (b) or (c) of this section.

B. The ordinance shall prohibit the subsequent conversion or alteration of a
permitted fireplace or wood stove to a nonpermitted use.

C. The ordinance may provide for exemptions from regulation for heating or
industrial equipment, cooking devices and outdoor fireplaces.