[HISTORY: Adopted by the Board of Supervisors of the Township of White 4-11-2012 by Ord. No. 1047. Amendments noted where applicable.]
This chapter is enacted pursuant to §§ 1601, 1529 and 1534(4) of the Second Class Township Code, 53 P.S. §§ 66601, 66529 and 66534(4).
For the purposes of this chapter, the following words and terms shall have the meanings ascribed to them herein:
- EXISTING OUTDOOR WOOD-FIRED BOILER
- An outdoor wood-fired burner/furnace that was purchased and installed prior to the effective date of this chapter.
- OUTDOOR WOOD-FIRED BOILER
- Also known as "outdoor wood-fired furnaces," "outdoor wood-burning appliances," or "outdoor hydronic heaters," "water stoves," etc. A fuel-burning device:
- A. Designed to burn clean wood or other approved solid fuels;
- B. That the manufacturer specifies for outdoor installation or for installation in structures not normally intended for habitation by humans or domestic animals, including structures such as garages and sheds; and
- C. Which heats building space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
Any outdoor wood-fired burners/furnaces in existence on the effective date of this chapter shall be permitted to remain.
Any person desiring to install an outdoor wood-fired burner/furnace within the municipality shall meet the following requirements:
Present a plan showing all property lines, the locations and distances of all adjoining properties, and the proposed location of the outdoor wood-fired burner/furnace.
Locate the outdoor wood-fired burner/furnace at least 150 feet from all property lines and public streets or road rights-of-way.
Outdoor wood burners may not be located in any front yard area when it would be placed between the principle structure being heated and any street or road right-of-way.
Sanctions. Any person, whether as principal or agent, who violates this chapter or assists or abets its violation, shall, upon conviction thereof, before any Magisterial District Judge, be sentenced to pay a fine of not less than $50 nor more than $500, together with the costs of prosecution and, in default of the payment of said fine and costs, shall be committed to the Indiana County Jail for a period not exceeding 30 days. Each violation shall constitute a separate offense for which a summary conviction may be sought.
Equitable and other remedies. No penalty herein shall prevent the Township from enforcing this chapter by equitable, injunctive and other remedies.
Liability. The Township of White and its agents, officials, and representatives shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the provisions of this chapter, or by reason of the conduct of any burning activity in compliance with the terms and provisions of this chapter. The individual person or party responsible for any such fire shall bear sole liability for any damages caused as a result thereof.
Access to private property. The Township of White and its agents, officials, employees, and representatives are hereby authorized to enter upon private property for the purpose of conducting inspections and investigations to assure compliance with this chapter.
Citizen action. Nothing herein prohibits neighboring property owners who witness violations of this chapter from themselves filing charges with the Magisterial District Judge for enforcement of this chapter.