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The purpose of this section is to reduce the amount of particulate pollution resulting from woodburning for space heating.

A. It shall be unlawful for any new or used solid fuel heating device to be installed in the City of Ashland after the effective date of this Ordinance, unless:

1. The device is installed pursuant to the City Building Code and regulations of the Department of Planning and Development; and

2. The solid fuel heating device complies with the Oregon Department of Environmental Quality Particulate Emission standards for certified woodstoves; and

3. For all new construction, the structure contains an alternate form of space heating, including natural gas, propane, electric, oil, solar, or kerosene, sufficient to meet necessary space heating requirements, so that during episodes of high pollution levels, the occupant will be able to heat the home with other than a solid fuel heating device.

B. If the conditions set forth in this subsection are not fulfilled, no person in possession of the premises shall cause or permit, and no public agency shall issue any permit for, the installation of the device.