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.