The purpose of this chapter is to protect the
safety of the general public by establishing controls and restrictions
for all outdoor and open burning. This chapter will further control
and restrict smoke and emissions from such fires from adversely affecting
the general public and adjoining or surrounding properties. It is
hereby declared that this chapter is necessary for the protection,
benefit and preservation of the health, safety and welfare of residents
of the Township.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings in
this section. Terms not defined in this section shall have the ordinarily
accepted meanings such as the context may imply.
AGENT
Any person who shall have charge, care or control of any
property, or as executor, executrix, administrator, trustee or guardian
of the estate of the owner of the property. Any such person representing
the actual owner shall be bound to comply with the provisions of this
chapter as if that person were the owner.
BONFIRE
An outdoor fire used for ceremonial purposes.
BTU (BRITISH THERMAL UNIT)
The amount of thermal energy necessary to raise the temperature
of one pound of pure liquid water by 1° F. at the temperature
at which water has its greatest density (39° F.).
[Added 1-24-2012 by Ord. No. 621]
BUILDING
Any structure, build or constructed, used or intended for
supporting or sheltering any occupancy or use, including a structure
the use of which is incidental to that of the main building or buildings
on a property.
CLEAN WOOD
The term includes the following:
[Added 1-24-2012 by Ord. No. 621]
A.
Wood that contains no paint, stains, or other types of coatings.
B.
Wood that has not been treated with preservatives or chemicals,
including copper, chromium arsenate, creosote, and pentachlorophenol.
COMMONWEALTH
The Commonwealth of Pennsylvania.
[Added 1-24-2012 by Ord. No. 621]
DEP
The Pennsylvania Department of Environmental Protection.
DWELLING
A building providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
EMISSIONS
Air contaminants emitted into the atmosphere.
EPA
United States Environmental Protection Agency.
EXPLOSIVE
A chemical or mechanical mixture that is commonly used or
intended for the purpose of producing an explosion, that contains
any oxidizing and combustible units or other ingredients in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion,
by percussion or by detonation of any part of the compound or mixture
causes such a sudden generation of highly heated gases that the resultant
gaseous pressures are capable of producing destructive effects on
contiguous objects or of destroying life and limb.
EXTINGUISHMENT
The putting out or quenching of a fire, to and including
the complete cooling of ashes or residue of the fire such that rekindling
by and of itself is not possible and that any smoke or emissions have
ceased from the ashes, residue or area of the fire.
OPEN BURNING
The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack, chimney or screen from an enclosed chamber or approved container. For purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion takes place, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and to permit the escape of exhaust gases are open. Approved containers are described in §
78-5 of this chapter.
OUTDOOR WOOD-FIRED BOILER
[Added 1-24-2012 by Ord. No. 621]
A.
A fuel-burning device that:
(1)
Is designed to burn, or is capable of burning, clean wood or other fuels listed under §
78-6F (relating to outdoor wood-fired boilers).
(2)
Has a rated thermal output of less than 350,000 Btu per hour.
(3)
The manufacturer designs or specifies for outdoor installation
or installation in structures not normally intended for habitation
by humans or domestic animals, including structures like garages and
sheds.
(4)
Heats building space or fluid, or both, through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
B.
The fuel-burning device may also be known as an:
(1)
Outdoor wood-fired furnace.
(2)
Outdoor wood-burning appliance.
OUTDOOR WOOD-FIRED BOILER, NON-PHASE 2
An outdoor wood-fired boiler that has not been certified
or qualified by the EPA as meeting a particulate matter emission limit
of 0.32 pound per million Btu output or lower and is labeled accordingly.
[Added 1-24-2012 by Ord. No. 621]
OUTDOOR WOOD-FIRED BOILER, PHASE 2
An outdoor wood-fired boiler that has been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pound per million Btu output or lower and is labeled accordingly.
[Added 1-24-2012 by Ord. No. 621]
OWNER
Any person who, alone, jointly or severally with others,
shall have legal title to any building, structure, premises or property,
with or without accompanying actual possession thereof, and shall
include the duly authorized agent or attorney, a purchaser, devisee,
fiduciary and any person having a vested or contingent interest in
the property in question.
PERSON
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit, as well as individuals. It shall
include, also, an executor, administrator, trustee, receiver or other
representative appointed according to law.
[Amended 8-14-2001 by Ord. No. 495]
A. Under no circumstances shall any person perform or
cause any outdoor burning of any material which is explosive or which,
when burned, may cause noxious or toxic emissions or smoke; such as,
but not limited to, garbage, rubber, roofing shingles or other asphalt
roof coverings, tires and other similar material.
B. No person shall perform or cause any outdoor burning of any of the
following recyclable materials:
[Added 1-24-2012 by Ord. No. 621]
(1) Newspaper, cardboard, magazines, and other paper products.
C. No person shall cause or permit the outdoor burning
of any material in such a manner that emissions are or may be deleterious
to human or animal health.
D. No person shall cause or permit the burning of any
material that will cause damage to ground cover or vegetation in excess
of 10 feet of the fire, or cause damage to any live or standing trees
and shrubbery on the property upon which the burning is taking place
or any vegetation, trees or shrubs on adjoining property.
E. No person shall ignite, burn, or set fire to any material on the public right-of-way of any street or alley, except as permitted in §
78-4B(1) and
(2) of this chapter.
F. No person shall ignite, burn, or set fire to any material
on any right-of-way that may endanger or cause damage to any public
or private utility structure or equipment including, but not limited
to, stormwater facilities, such as piping, catch basins or outlet
structures; or utility poles, electric, telephone, signal, television,
gas, oil or fuel equipment lines or piping, and sewer or water utility
structures or piping.
G. No person shall ignite, burn, set or maintain any
outdoor fire without having obtained, when applicable or required,
a permit or authorization from the Pennsylvania Department of Environmental
Protection or the United States Environmental Protection Agency.
H. No person shall ignite, burn, set or maintain any outdoor fire that will threaten or cause damage to any building or structure, unless specifically authorized in §
78-4B(5) of this chapter.
I. No person shall conduct any open burning or outdoor burning, whether in an approved container or outdoor fireplace, except as those types are permitted in §
78-4B(1) through
(6), and approved bonfires, §
78-4C(4), on Sundays or Mondays and the following designated holidays: Christmas, Thanksgiving, July 4, Memorial Day and Labor Day.
J. No person shall conduct or allow outdoor open burning
or outdoor burning in an approved container unless the fire is attended
by a competent person or persons who are equipped to control the fire.
K. All outdoor open burning or outdoor burning in an approved container, except those types of allowable outdoor open burning as in §
78-4B(1) through
(5), and approved bonfires as in §
78-4C(4), shall be done only during hours of daylight, from sunrise to sunset.
[Amended 1-24-2012 by Ord. No. 621]
L. When any U.S. government, Commonwealth of Pennsylvania,
Township of Derry or other government or jurisdictional agency thereof
shall issue more stringent rules or regulations, whether permanent,
temporary, general or specific to Derry Township, or sections thereof,
those rules and regulations shall apply. When said jurisdiction or
agencies have less stringent rules and regulations than contained
in this chapter, this chapter shall apply.
[Added 1-24-2012 by Ord. No. 621]
A. Applicability. As of the effective date of this ordinance, this section applies to the following:
(1) A person, manufacturer, supplier or distributor who sells, offers
for sale, leases, or distributes an outdoor wood-fired boiler for
use in the commonwealth.
(2) A person who installs an outdoor wood-fired boiler in the commonwealth.
(3) A person who purchases, receives, leases, owns, uses, or operates
an outdoor wood-fired boiler in the Commonwealth.
B. Exemptions. Any Non-Phase 2 outdoor wood-fired boiler in existence
prior to the adoption of this section shall be permitted to remain,
provided that the owner registers the device with the Code Enforcement
Officer within 60 days of the effective date of this section. Upon
registration, the Code Enforcement Officer shall issue the owner a
certificate of use to operate the existing Non-Phase 2 outdoor wood-fired
boiler.
(1) If the owner of an existing Non-Phase 2 outdoor wood-fired boiler
does not register the device with the Code Enforcement Officer within
60 days of the effective date of this section, or within 30 days of
notification by the Code Enforcement Officer, the Non-Phase 2 outdoor
wood-fired boiler shall be removed.
C. Restrictions on Phase 2 outdoor wood-fired boilers:
(1) A person may not sell, offer for sale, distribute, or install an
outdoor wood-fired boiler for use unless it is a Phase 2 outdoor wood-fired
boiler.
(2) A person may not purchase, lease, or receive an outdoor wood-fired
boiler for use unless it is a Phase 2 outdoor wood-fired boiler.
D. Setback requirements for New-Phase 2 outdoor wood-fired boilers.
A person may not install a New-Phase 2 outdoor wood-fired boiler unless
the following setbacks are met:
(1) The Phase 2 outdoor wood-fired boiler shall be located at least 75
feet from any property line.
(2) The Phase 2 outdoor wood-fired boiler shall be located at least 150
feet from any adjoining dwellings or habitable space.
(3) The Phase 2 outdoor wood-fired boiler shall be located at least 500
feet from the occupied building of a hospital, school, or nursing
home, or from the boundary of a municipal park.
(4) If the Phase 2 outdoor wood-fired boiler is located within 300 feet
of any dwellings or habitable space not served by the Phase 2 outdoor
wood-fired boiler, the chimney/stack shall be at least two feet higher
than the peak of that dwelling or habitable space.
E. Stack height requirements for New-Phase 2 outdoor wood-fired boilers. A person may not install, use, or operate a New-Phase 2 outdoor wood-fired boiler unless the boiler has a permanently attached stack. The stack must meet both of the following requirements, except as modified by §
78-6D(4):
(1) Extend a minimum of 10 feet above the ground.
(2) Be installed according to the manufacturer's specifications.
F. Allowed fuels and materials. A person who owns, leases, uses, or
operates an outdoor wood-fired boiler in the commonwealth shall use
one or more of the following fuels and materials:
(2) Wood pellets made from clean wood.
(3) Home heating oil, natural gas, or propane that:
(a)
Complies with all applicable sulfur limits.
(b)
Is used as a starter or supplemental fuel for dual-fired outdoor
wood-fired boilers.
(4) Other types of fuel approved, in writing, by DEP upon receipt of
a written request.
G. Prohibited fuels. A person who owns, leases, uses, or operates an outdoor wood-fired boiler may not burn a fuel or material in that outdoor wood-fired boiler other than those fuels and materials listed under §
78-6F.
H. Applicable laws and regulatory requirements. A person may not use
or operate an outdoor wood-fired boiler unless it complies with applicable
commonwealth, county, and local laws and regulations adopted thereunder.
[Amended 3-14-2006 by Ord. No. 553; 1-24-2012 by Ord. No. 621]
Any person, firm, or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
for each separate offense and, in default of the payment of such fine,
may be sentenced to imprisonment for 90 days, or to the extent allowed
by law for the punishment of summary offenses. Each day that a violation
of this chapter continues or each section of this chapter which shall
be found to have been violated shall constitute a separate offense.