ORDINANCE NO.

___ DRAFT 7

AN ORDINANCE FOR THE CITY OF FOREST ACRES, STATE OF SOUTH

CAROLINA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF FOREST
ACRES, BE AMENDED BY REVISING SECTION 15.5-2 PROVIDING FOR
DEFINITIONS OF POLLUTION CONTROL TO ADD AN ADDITIONAL DEFINITION;
BEING AMENDED BY REVISING SECTION 15.5-3 IN ORDER TO PROVIDE FOR
PENALITIES; AND BEING FURTHER AMENDED BY ADDING A SECTION TO BE
NUMBERED 15.5-5 PROVIDING FOR THE PROHIBITION OF HYDRONIC HEATERS .

WHEREAS, hydronic heaters are emitters of wood or other smoke which has the potential to
cause serious adverse health effects, often smolder for long periods of time and are known to emit
polycyclic organic matter, polycyclic aromatic hydrocarbons, methane, black carbon, carbon
monoxide, dioxide, and dioxin; and otherwise damage air quality that is particularly detrimental in
developed communities.

WHEREAS, smoak from hydronic heaters can increase particle pollution to levels that pose
serious health concerns to the lungs and other parts of the body. The prohibition of hydronic heaters
should improve air quality by reducing particulate pollution emissions.

WHWERAS, the City has received numerous complains about air quality in the vicinity of an
existing and operating outdoor hydronic heater.

WHEREAS, the Mayor and Council of the City of Forest Acres deem it necessary to establish
controls for the use of hydronic heaters in the City.

NOW, THEREFORE, pursuant to the power vested in the Council of the City of Forest Acres
by virtue of Sections 5-7-30, 5-7-80, 5-7-260, and 5-7-270 Code of Laws of South Carolina, 1976,
as amended and to promote and preserve the public health and general welfare of the city and its
residents;

BE IT ORDAINED BY THE CITY COUNCIL, City of Forest Acres:

Section 1. That the Code of Ordinances of the City of Forest Acres be amended by revising Section
15.5-2 entitled Definitions, Pollution Control, to add the following:

(a) Hydronic heater: a fuel-burning device which may be equipped with a heat
storage unit, which is designed to burn naturally grown wood or pellets made from
naturally grown clean wood or other biomass as fuel and heat building space/water
via the distribution (typically through pipes) of a fluid heated in the device (typically
water or a water/antifreeze mixture). Also known as an outdoor wood-fired boiler
 (OWB), outdoor wood furnace, or outdoor-wood fired hydronic heater (OWHH).

Section 2. That the Code of Ordinances of the City of Forest Acres be amended by adding Section
15.5-5 to be entitled Outdoor Hydronic Heaters, Pollution Control, to read as follows:

15.5-3. Enforcement and Penalties.

(1) It shall be unlawful for any person to permit or cause a violation of the Chapter.
(2) Failure or omission to comply with any section or provision of this Chapter shall
be deemed a violation and shall be punishable in accordance with section 1-8 of the
Code of Ordinances of the City.
(3) The nuisance caused by the operation and use of hydronic heaters is likewise
enforceable by the provisions of sections 13-5 (abatement) and 13-6 (right of entry)
of the Code of Ordinances of the City.

15.5-5 Hydronic heaters

(a) Use and Operation. The use or operation of a residential or commercial Hydronic
Heater, operated in the open or in any type of structure, damages the air quality, constitutes a health
hazard and/or a nuisance which is specifically banned in the City.

(b) Noncompliance. Any currently existing Hydronic Heater shall be required to

cease all use and operation no later than September 1, 2021 and any such use or operation is
thereafter prohibited.

Section 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.

Effective date. The effective date of this ordinance shall be immediately upon its passage.

ORDAINED AND ADOPTED under the Corporate Seal of the City of Forest Acres, State of
South Carolina, this _____ day of ____________, 2020.

___________________________________
MAYOR

___________________________________
COUNCILPERSON

___________________________________
COUNCILPERSON

___________________________________
COUNCILPERSON

___________________________________
 COUNCILPERSON
ATTEST:

_____________________________ City Clerk

Approval of City Attorney as to form: ___________________________

Person Requesting Ordinance: Council
First Reading: ______________
Second Reading: ____________