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A. For the purposes of this Section, the following words and terms shall have the meaning ascribed thereto:

1. "Fireplace" means a built-in place masonry hearth and fire chamber or a factory-built appliance designed to burn solid fuel or to accommodate a gas or electric log insert or similar device, and which is intended for occasional recreational or aesthetic use, not for cooking, heating, or industrial processes.

2. "Solid fuel" means and includes, but is not limited to, wood, coal or other nongaseous or nonliquid fuels, including those fuels defined by the Maricopa County Air Pollution Control Officer as "inappropriate fuel" to burn in residential woodburning devices.

3. "Woodstove" means a solid-fuel burning heating appliance including a pellet stove, which is either freestand or designed to be inserted into a fireplace.

B. On or after January 4, 1999, no person, firm or corporation shall construct or install a fireplace or a woodstove, and the Town shall not approve or issue a permit to construct or install a fireplace or a woodstove, unless the fireplace or woodstove is one of the following:

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

2. A fireplace, woodstove or other solid-fuel burning appliance that has been certified by the United States Environmental Protection Agency as conforming to 40 CFR Part 60, Subpart AAA, or any amendments thereto;

3. A fireplace, woodstove or other solid-fuel burning appliance that has been tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those adopted by 40 CFR Part 60, Subpart AAA, or any amendments thereto;

4. A fireplace, woodstove or other solid-fuel burning appliance that has been determined by the Maricopa County Air Pollution Control Officer to meet performance standards equivalent to those adopted by 40 CFR Part 60, Subpart AAA, or any amendments thereto; or

5. A fireplace that has a permanently installed woodstove insert that complies with paragraphs 2, 3 or 4 above.

C. The following installations are not regulated and are not prohibited by this Section:

1. Furnaces, boilers, incinerators, kilns and other similar space heating or industrial process equipment;

2. Cookstoves, barbecue grills and other similar appliances designed primarily for cooking; and

3. Firepits, barbeque grills and other outdoor fireplaces.

D. Fireplaces constructed or installed on or after January 4, 1999, that contain a gas or electric log insert or a woodstove insert shall not be altered to directly burn wood or any other solid fuel.

E. On or after January 4, 1999, no person, firm or corporation shall alter a fireplace, woodstove or other solid fuel burning appliance in any manner that would void its certification or operational compliance with the provisions of this Section.

F. In addition to the provisions and restrictions of this Section, construction, installation or alteration of all fireplaces, woodstoves and other gas, electric or solid-fuel burning appliances and equipment shall be done in compliance with the provisions of the Town Code and shall be subject to permits and inspections required by the Town.

G. Fireplaces constructed or installed on or after January 4, 1999, shall not be altered without first obtaining a permit from the Town to ensure compliance with this Section. (98-34, Added, 12/03/1998)