[Adopted 10-2-2007 by Ord. No. 7-07]
As used in this article, the following terms
shall have the meanings indicated:
PATIO WOODBURNING UNIT
A chimnea, patio warmer, wood-fired boiler, stove furnace,
or other portable woodburning device used for outdoor recreation and/or
heating.
[Amended 9-1-2009 by Ord. No. 3-09]
A patio woodburning unit may be installed upon the issuance
of an annual permit, the fee for which permit shall be determined
by Borough Council by Resolution from time to time, in accordance
with the following provisions:
A. The patio
woodburning unit shall not be used to burn refuse.
B. The patio
woodburning unit shall burn only clean wood or other suitable materials
as specifically permitted by the manufacturer's specifications.
C. The patio
woodburning unit shall be located at least 25 feet from the nearest
structure which is not on the same property as the patio woodburning
unit and at least 15 feet from the nearest structure which is located
on the same property as the patio woodburning unit.
D. The patio
woodburning unit must be used properly following all manufacturer's
specifications.
E. The patio
woodburning unit must be UL listed or approved by the Borough Fire
Marshal, Borough Fire Chief and/or Borough Code Enforcement Officer.
F. The fire
shall be constantly attended and supervised by an adult until the
fire has been completely extinguished.
G. The patio
woodburning unit shall not cause a nuisance to neighbors.
H. The patio
woodburning unit shall not be operated when operation of the unit
would be objectionable or offensive because of smoke or odor emissions
when atmospheric conditions or local circumstances dictate.
[Amended 9-1-2009 by Ord. No. 3-09]
The Borough Code Enforcement Officer, Borough
Fire Marshal, Borough Fire Chief, and/or the Borough Fire Department
are authorized to extinguish or order the extinguishment of a patio
woodburning unit in the event that operation of the patio woodburning
unit creates or adds to a hazardous or objectionable situation. In
addition, the Borough Code Enforcement Officer, the Upper Perk Police
Department, the Borough Fire Marshal and the Borough Fire Chief are
authorized to enforce the provisions of this chapter.
The fine or penalty for violation of this article
shall not exceed $600.