Barrett, Minnesota A picturesque village nestled in a valley in West Central Minnesota

Section XIV. - Regulating the burning of solid fuels and external solid fuel fired heating devices



SECTION 1. Purpose
This ordinance is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the City of Barrett by regulating the air pollution and fire hazards of outdoor fire boilers.

SECTION 2. Applicability
This ordinance applies to all outdoor fire boilers within the City of Barrett.
2.1 This ordinance does not apply to grilling or cooking food using charcoal, wood,  propane or natural gas in cooking or grilling appliances.
2.2 This ordinance does not apply to burning for the purpose of generating heat in a  stove, furnace, fireplace or other heating device within a building used for human  or animal habitation.
2.3 This ordinance does not apply to the use of propane, acetylene, natural gas,  gasoline or kerosene in a device intended for heating, construction or maintenance  activities.
2.4 This ordinance does not apply to campfires; a small outdoor fire intended for  recreation or cooking but not including a fire intended for disposal of waste wood  or refuse.

SECTION 3. Definitions
3.1 “External solid fuel-fired heating device” means a device designed for external  solid fuel combustion so that usable heat is derived for the interior of a building  and includes solid fuel-fired stove, solid fuel-fired cooking stoves, and  combination  fuel furnaces or boiler which burn solid fuel.  Solid fuel-fired  heating devices do not include natural gas-fired fireplace logs or wood-burning  fireplaces or wood stoves in the interior of a dwelling.
3.2 “Stacks or chimneys” means any vertical structure incorporated into a building   and enclosing a flue or flues that carry off smoke or exhaust from a solid fuel- fired heating device, especially the part of such a structure extending above a  roof. 
3.3 “Person” means an individual, partnership, corporation, company or other  association.
3.4 “Refuse or garbage” means any waste material except trees, logs, brush, stumps,  leaves, grass clippings, and other vegetative matter.  This would include but not  be limited to food wastes, food wraps, packaging, newsprint, cardboard or any  paper or paper product with ink or dye, animal carcasses, paint or  painted  materials, furniture, composite shingles, construction or demolition debris  or  other household or business wastes; asphalt and products containing asphalt;  treated or painted wood including but not limited to plywood, composite wood  products or other wood products that are painted, varnished or treated with  preservatives; any plastic material including but not limited to nylon, PVC, ABS,  polystyrene or urethane foam and synthetic fabrics, plastic films and plastic  containers; rubber including tires and synthetic rubber-like products.

SECTION 4. Permit required
4.1 The City of Barrett requires any person to obtain a zoning permit for any  external solid fuel-fired heating device or external storage unit that is sold,  purchased or installed after the this ordinance becomes effective.
4.2 Installation should be made and inspected by a reputable contractor who is  knowledgeable about the type of system being installed.

SECTION 5. Other requirements upon the effective date of this ordinance
5.1 All external solid fuel-fired heating devices, used, installed or purchased within  the city limits of Barrett, Minnesota, are required to meet emission  standards  currently required by the Environmental Protection Agency (EPA)  and  Underwriters Laboratories (UL) listing.  No person shall use an external solid  fuel-fired heating device in violation of this paragraph.
5.2 All outdoor external solid fuel-fired heating devices and storage units are subject  to public nuisance as described in Ordinance #60.
5.3 Any dense smoke, noxious fumes, gas and soot, or cinders or any use of an  external solid fuel-fire heating device to burn solid  fuels other than those solid  fuels for which the external solid fuel-fired heating  device was designed, is  declared a public nuisance.
5.4 The outdoor external solid fuel-fired heating devices shall not be located less than  50 feet from any combustible or structures.  Clearance may be reduced to 20 feet  provided that the unit is enclosed in a noncombustible building (steel or       concrete).  The outdoor external solid fuel-fired heating device shall be located at  least 500 feet from the nearest building which is not on the same property as the  unit.  Persons should check with their individual insurance carrier  for any  required limits that do not comply with this paragraph and inform the city clerks’  office of individual policy requirements.  
5.5 All stack or chimneys must be so constructed to withstand high winds or other  related elements and according to the specifications of the manufacturer of the  external solid fuel-fired heating device.  The stack height shall be a minimum of  (20 feet)(maximum 40 feet) above ground level, but shall also extend 2 feet   higher than the height of the roofs of residents within 500 feet.  All stacks or  chimneys must be of masonry or insulated metal with a minimum 6 inch flue.   A factory-built or masonry chimney with a spark arrester screen is also  required. No person   shall use an external solid fuel-fired heating device in  violation of this paragraph.
5.6 Only fuels designed for burning in an external solid fuel-fired heating device may  be burned.  No garbage or refuse may be burned in an external solid fuel-fired  heating device.  No person shall use an external solid fuel-fired heating device in  violation of this paragraph.
5.7 Ashes removed from a wood heating appliance may contain hot (live) embers  which remain live for days.  Ashes must be placed in a metal container equipped  with a lid or cover.
5.8 Wood/fuel must be stored at least 48 inches away from the external solid fuel- fired heating device.  The areas surrounding said unit must be kept clear of  combustibles or wood chips, bark and debris.
5.9 No person may use an external solid fuel-fired heating device in the City of  Barrett during the months of May, June, July, August, September and  October.

SECTION 6. Severability
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining potions of the ordinance.

SECTION 7.  Liability
A person utilizing or maintaining an outdoor fire boiler shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

SECTION 8. Penalty
Any person convicted or violating a provision of this ordinance is guilty of a misdemeanor and shall be punished by fine of at least $150.00 per occurrence plus the costs of prosecution in any case.

SECTION 9. Effective date
This ordinance shall take effect upon its passage and publication.

Passed and adopted by the Barrett City council this 10 day of January 2011.

Troy Johnson, Mayor

Marita Rhude, Clerk/Treasurer

310 2nd Street, PO Box 155, Barrett, MN 56311 320-528-2440 email -