37-11 New Section 521.18, Wood-Fired Boilers

Home Browse Search

Placed on 154 reading and referred to the Public Safety Committee 7/18/11, 2°d reading 9/6/11; substitute version recommended for adoption 10/24/11; please substitute for original. ORDINANCE NO. 37-11 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of council, or otherwise to take effect at the earliest period allowed by law, to enact new Section 521.18, Wood-Fired Boilers, for the prevention and control of air pol- lution from the use of wood-fired boilers, also known as wood-fired furnaces and wood-burning appliances. WHEREAS, the enactment of Section 521.18, Wood-Fired Boilers, clarifies the defini- tion of solid fuel-burning boilers, acceptable materials to be burned, proximity to adjacent prop- erties, and time elements of burning; and WHEREAS, because of the density of Lakewood, the use of these solid fuel-burning boi- lers may negatively impact others ranging from a nuisance to health hazards; and WHEREAS, these appliances have grown in popularity due to the increasing cost of gas and electricity, as well as the desire to find alternatives to traditional heating sources; and WHEREAS, the United States Environmental Protection Agency recognizes the negative impact that can result from the use of such appliances; and. WHEREAS, this Council recognizes the negative health impact that can result from the use of such appliances; and WHEREAS, the Ohio Environmental Protection Agency recently considered regulating wood-fired boilers, but declined to do so determining that the most efficient regulation would be by individual communities based on localized conditions such as population density, topography, distance between homes, etc.; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits mu- nicipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public properly, health, and safety and to provide for the usual daily operation of municipal departments in that owners, operators and installers of wood-fired boilers must prepare for the cold-weather months and other residents