(a) Only one (1) solid fuel-burning device shall be operated per structure unless specifically exempted within this Article.

(b) It is unlawful for any person to construct, install, maintain, use or operate any solid fuel-burning device within the Town in any manner which is not in compliance with the provisions of this Article.

(c) No solid fuel-burning device shall be operated in an existing unit after the date for registration as provided in Section 7-4-30 above without previously having registered and obtained a solid fuel-burning device permit.

(d) No coal shall be burned after October 15, 1985, unless used as a primary heat source as of October 15, 1985. There shall be a presumption of prior use upon the person who uses a solid fuel-burning device to burn coal submitting an affidavit attesting to this use to the Department on or before October 15, 1985. On or after October 15, 1988, no coal shall be burned by any person within the Town.

(e) After the date for registration as provided in Section 7-4-30 above, only one (1) open fireplace will be allowed in the following establishments: hotel lobby, multiple-unit dwelling lobby, bar/saloon or restaurant. No open fireplaces will be allowed in a new home construction.

(f) Residential and commercial owners of existing fireplaces will be required to retrofit their fireplaces with a certified fireplace insert by October 15, 1988, as defined by the requirements of certification by Colorado Air Pollution Regulation No. 4.

(g) All combustible material for use in a solid fuel-burning device shall be in a dry and burnable condition and safely stored so as not to create a fire hazard.

(h) All permits may be displayed so as to be clearly visible from the public right-of-way.

(i) Wood cook stoves will be exempt from the requirements of this Article, provided that those stoves are used as a primary cooking source in the house and are in place on or before August 15, 1985. This exemption extends only for the lifetime of the wood cook stove owner and is, therefore, not transferable.

(j) Any open fireplace authorized pursuant to Subsection (e) above may be converted to a wood-burning pizza oven; provided that the conversion notwithstanding, the oven, its use and operation shall be subject to any and all regulations in this Article, including but not limited to Subsection 7-4-30(c) above. Any permit which is converted pursuant to this Subsection shall expire upon the termination of the pizza oven operation, and in no event shall the open fireplace use or permit be reinstated. In the event the Town institutes a program for rebates for retiring open fireplace permits, no rebate shall be given to an open fireplace converted to a pizza oven pursuant to this Section. (Prior code 8.12.040; Ord. 1288 §1, 2008)