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(A) On or after December 31, 1998, no person, firm or corporation shall construct or install a fireplace or a woodstove, and the Building Official shall not approve or issue a permit to construct or install a fireplace or a woodstove, unless the fireplace or woodstove complies with one of the following:

(1) A fireplace which has a permanently installed non-removable gas or electric log insert;

(2) A fireplace, woodstove or other solid-fuel burning appliance which has been certified by the United States Environmental Protection Agency as conforming to 40 C.F.R. 60, subpart AAA as in effect on July 1, 1990.

(3) A fireplace, woodstove or other solid-fuel burning appliance which has been tested, approved and listed by a nationally recognized testing agency to meet performance standards equivalent to those adopted by 40 C.F.R. 60, subpart AAA as in effect on July 1, 1990.

(4) A fireplace, woodstove or other solid-fuel burning appliance which has been determined by the Maricopa County Air Pollution Control Officer to meet performance standards equivalent to those adopted by 40 C.F.R. 60, subpart AAA as in effect on July 1, 1990.

(5) A fireplace which has a permanently installed woodstove insert which complies with subsections (2), (3) or (4) of this section.

(B) The following installations are not intended to be regulated by this article and are not prohibited by this article:

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

(2) Cookstoves, barbecue grills and similar appliances designed primarily for cooking;

(3) Firepits, barbecue grills and other outdoor fireplaces. (Prior Code, § 9-2-3) (Ord. 98-619, passed 8-24-1998)