[HISTORY: Adopted by the Borough Council of the Borough of Coudersport 1-17-2007
by Ord. No. 591. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 122.
A.
Residences, commercial and industrial establishments
situated within the Borough are entitled to clean air and environmental circumstances
free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well
as an environment free of stored debris and storage of combustible fuels in
adjacent or exposed exterior areas within densely populated area.
B.
Research indicates that outdoor fuel-burning appliances
cause emission problems that cross property lines; because the smoke stays
close to the ground, it can easily reach humans working or playing outdoors
or penetrate neighboring buildings. It also causes problems with smoke visibility.
The low-lying smoke can worsen cardiovascular problems such as angina; irritate
eyes and lungs; trigger headaches; worsen respiratory diseases such as asthma,
emphysema and bronchitis.
As used in this chapter, the following terms shall have the meanings
indicated:
Any vertical structure enclosing a flue or flues that carry off smoke
or exhaust from a solid-fuel-fired outdoor heating device, especially that
part of such structures extending above a roof.
A device, including any furnace, stove or boiler designed and constructed
to burn oil, wood, coal or other fuels, manufactured for placement outdoors
(or within a separate structure) for the heating of the living area of a structure.
The mere fact that such an appliance is located in a shed or other structure
which is ancillary to one's home does not cause such appliance to be
excluded from the application of this chapter.
A.
Any new outdoor fuel-burning appliance must have or meet
the following:
B.
All outdoor fuel-burning appliances are required to meet
emission standards currently required by the Environmental Protection Agency
(EPA). Emission standards currently required by the EPA are hereby adopted
by reference together with any amendments or modifications made to them in
the future.
C.
All outdoor fuel-burning appliances shall be installed,
operated and maintained in strict conformance with the manufacturer's
instructions and the regulations promulgated hereunder. In the event of a
conflict, the regulations promulgated hereunder shall apply unless the manufacturer's
instructions are stricter, in which case the manufacturer's instructions
shall apply.
D.
The owner of the outdoor fuel-burning appliance shall
produce the manufacturer's instructions for all devices that do not conform
to the requirements of this chapter.
E.
No homemade outdoor fuel-burning appliances will be allowed.
F.
Only natural hard wood, anthracite coal or pellets specifically
permitted by the manufacturer in writing may be burned in outdoor furnaces.
The burning in outside furnaces of processed wood products and non-wood products,
household or other garbage, recyclable material, rubber tires, railroad ties,
leaves, laminated wood, wet or soggy wood, painted or treated wood and any
item not specifically, and in writing, permitted by the manufacturer is prohibited.
G.
A permit must be acquired prior to the installation of
any outdoor furnace appliance and an inspection completed prior to the operation
of subject appliance. The permit fee is $75, and the inspection will be completed
by the Borough Building Enforcement Officer or other duly designated officer.
H.
All new outdoor fuel-burning appliances must have maximum
BTU output which is well matched to the structure being heated. Any new outdoor
fuel-burning appliance which has as its maximum BTU output an output which
is 110% or more than that needed for the structure being heated is hereby
prohibited.
I.
Ashes or waste cannot be accumulated in a large area
on the property. They may be dispersed on the property as long as no accumulation
can be seen (for example: spread in a driveway). Any large accumulation of
ashes or waste must be disposed of weekly with your trash.
J.
All outdoor fuel-burning appliances may only be utilized
for the sole purpose of furnishing heat to a residence and hot water during
the period of October 12 through April 15 and only if the outdoor fuel-burning
appliance meets the requirements of this chapter.
K.
If an outdoor fuel-burning appliance is more than 50%
torn down, physically deteriorated or decayed, the appliance must be removed
or replaced with a new unit.
L.
All storage of materials being burnt in the outdoor fuel-burning
appliance shall be neatly stacked and/or stored under cover and free from
insects (termites, ants, etc.) or any type of disease-carrying rodents.
A.
All outdoor fuel-burning appliances are required to meet
emission standards currently required by the Environmental Protection Agency
(EPA). Emission standards currently required by the EPA are hereby adopted
by reference together with any amendments or modifications made to them in
the future.
B.
All outdoor fuel-burning appliances shall be operated
and maintained in strict conformance with the manufacturer's instructions
and the regulations promulgated hereunder. In the event of a conflict, the
regulations promulgated hereunder shall apply unless the manufacturer's
instructions are stricter, in which case the manufacturer's instructions
shall apply.
C.
All outdoor fuel-burning appliances in existence at the
effective date of this chapter shall have or must erect a safe flue or chimney
which has a minimum termination height of 25 feet above the natural ground
level upon which the appliance is located.
D.
All outdoor fuel-burning appliances in existence at the
effective date of this chapter shall have or must install fan or blower to
increase the efficiency of the appliance.
E.
All existing outdoor fuel-burning appliances must be
located or relocated so as to be not less than 25 feet from any property line.
F.
All existing outdoor fuel-burning appliances must have
maximum BTU output which is well matched to the structure being heated. Any
existing outdoor fuel-burning appliance which has as its maximum BTU output
an output which is 110% or more than that needed for the structure being heated
is hereby prohibited.
G.
Only natural hard wood, anthracite coal or pellets specifically
permitted by the manufacturer in writing may be burned in outdoor furnaces.
The burning in outside furnaces of processed wood products and non-wood products,
household or other garbage, recyclable material, rubber tires, railroad ties,
leaves, laminated wood, wet or soggy wood, painted or treated wood and any
item not specifically, and in writing, permitted by the manufacturer is prohibited.
H.
All outdoor fuel-burning appliances may only be utilized
for the sole purpose of furnishing heat to a residence and hot water during
the period of October 12 through April 15, and only if the outdoor fuel-burning
appliance meets the requirements of this chapter.
I.
If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, the appliance must be removed or replaced with a new unit and the new unit must comply with all of the regulations listed in § 249-3 of this chapter.
J.
Ashes or waste cannot be accumulated in a large area
on the property. They may be dispersed on the property as long as no accumulation
can be seen (for example: spread in a driveway). Any large accumulation of
ashes or waste must be disposed of weekly with your trash.
K.
All storage of materials being burnt in the outdoor fuel-burning
appliance shall be neatly stacked and/or stored under cover and free from
insects (termites, ants, etc.) or any type of disease-carrying rodent.
It shall be the duty of the Borough Police Department, Code Enforcement
Officer and other officials authorized to do so by the Borough to enforce
the terms of this chapter and secure compliance with the requirements thereof.
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300 and, in default of payment of said fine, to imprisonment for
a term not to exceed 30 days. Every day that a violation of this chapter continues
shall constitute a separate offense.
A.
The chapter shall take effect 35 days from the date of
enactment. Except as expressly provided herein, it is not the intent to "grandfather"
existing outdoor fuel-burning appliances. Rather, existing outdoor fuel-burning
appliances ("units") shall be required, except as otherwise expressly stated
herein, to come into compliance with this chapter as of the effective date
hereof.
B.
As to existing units which have been previously connected to provide heat for existing swimming pools, the provisions of § 249-4H shall not apply, provided that such units shall burn only anthracite coal during the period from the 16th day of April to the 11th day of October of each year.
C.
As to existing units which are used for residential purposes, the provisions of § 249-4C and E shall become effective as of June 30, 2007. Such existing residential units shall have until June 30, 2007, to come into compliance with the setback requirements of § 249-4E and the chimney height regulations set forth in § 249-4C.
D.
As to existing units which are used to provide heat in connection with exclusively commercial ventures, the provisions of § 249-4C and H shall not apply; provided, however, that such units shall be fueled exclusively by anthracite coal. If such existing units used for exclusively commercial purposes are fueled exclusively by anthracite coal, it is the intent that such existing units shall not be required to come into compliance with the chimney height requirements of § 249-4C and the seasonal restrictions of § 249-4H of this chapter.
