[See also Chapter 5, Part 1, "Uniform Construction Code," and
Chapter 22, "Subdivision and Land Development"]
[Ord. 114, 1/21/1991, § 302; as amended by Ord.
266, 9/17/2007]
1.
Purpose. The fire control measures and regulations are set forth
for the purpose of controlling conditions which could impede or interfere
with fire suppression forces.
2.
Authority at Fires and Other Emergencies.
A.
The Fire Chief and officers under his command of the fire company
having jurisdiction, as may be in charge at the scene of a fire or
other emergency involving the protection of life and/or property,
is empowered to direct such operations as may be necessary to extinguish
or control any suspected or reported fires, gas leaks, or other hazardous
conditions or situations or of taking any other action necessary in
the reasonable performance of their duty.
B.
The Fire Chief or the Fire Marshal may prohibit any person, vehicle,
or object from approaching the scene of an emergency and may remove
or cause to be removed from the scene any person, vehicle, or object
which may impede or interfere with the operations of the fire company.
C.
The Fire Chief or the Fire Marshal may remove or cause to be removed
any person, vehicle, or object from hazardous areas. All persons ordered
to leave a hazardous area shall do so immediately and shall not reenter
the area until authorized to do so by the Fire Marshal.
D.
The Fire Chief shall have the authority to contract for equipment
and/or services during an emergency situation on behalf of Wrightstown
Township when authorized Township officials are not available. Authorized
Township officials ranked from highest to lowest include: Chairman
of the Board of Supervisors, Vice Chairman of the Board of Supervisors,
Member of the Board of Supervisors, emergency management coordinator,
and Fire Marshal.
3.
Interference with Fire Company Operations. It shall be unlawful to
interfere with, attempt to interfere with, conspire to interfere with,
obstruct or restrict the mobility of, or block the path of travel
of any fire company emergency vehicle, any vehicle designated as an
emergency vehicle hereinafter or any fire company operation.
4.
Compliance with Orders. A person shall not willfully fail or refuse
to comply with any lawful order or direction of the Fire Chief or
his representative, or the Fire Marshal or to interfere with the compliance
attempts of another individual.
5.
Vehicles Crossing Fire Hoses. A vehicle shall not be driven or propelled
over any unprotected fire hose of any fire company operating within
the Township which has been laid down on any street, alley way, private
drive, or any other vehicular roadway without the consent of the Fire
Chief or his representatives having command of said operation.
6.
Authorized Emergency Vehicles. Authorized emergency vehicles shall
be restricted to the following:
A.
All fire apparatus owned and operated by the fire company or other
fire companies operating within the Township.
B.
The private vehicles of the chief, deputy chief, assistant chief,
and battalion chief of any fire company operating in Wrightstown Township
and the Fire Marshal of Wrightstown Township provided such vehicles
are equipped with an audible warning device and a visual red light
consistent with Commonwealth law.
C.
With the approval of the Chief of Police having jurisdiction, the
private vehicle of the Fire Police Captain, provided such vehicle
is equipped with visual and audible warning devices consistent with
the local jurisdiction.
7.
Operation of Vehicles on Approach of Authorized Emergency Vehicles.
Upon the approach of any authorized emergency vehicle, giving audible
and visual signal, the operator of every other vehicle shall immediately
drive the same to a position as near as possible and parallel to the
right-hand edge or curb of the street or roadway, clear of any intersection,
and shall stop and remain in such position until the authorized emergency
vehicle or vehicles shall have passed, unless otherwise directed by
the Fire Chief or his representative, the Fire Marshal or a police
officer.
8.
Vehicles Following Fire Apparatus. It shall be unlawful for the operator
of any vehicle, other than one on official business, to follow closer
than 300 feet from any fire apparatus traveling in response to a fire
alarm, or to pass any fire apparatus responding to an emergency displaying
visual warning devices or to drive any vehicle within the block or
immediate area where fire apparatus has stopped in answer to a fire
alarm.
9.
Unlawful Boarding or Tampering with Fire Company Emergency Equipment.
A person shall not without proper authorization from the Fire Chief
or his representative of the fire company in charge of said fire company
emergency equipment, to cling, to attach himself, to climb upon or
into, to board or swing upon any fire company emergency vehicle, whether
the same is in motion or at rest, or sound the siren, horn, bell,
or other sound-producing device thereon, or to manipulate or tamper
with, or attempt to manipulate or tamper with any levers, valves,
switches, starting devices, brakes, pumps, or any equipment or protective
clothing on, or a part of any fire company emergency vehicles.
10.
Damage, Injury to Fire Company Equipment and Personnel. It shall
be unlawful for any person to damage or deface, or attempt or conspire
to damage or deface, any fire company emergency vehicle at any time
or to injure, or attempt or conspire to injure, fire company personnel
while performing departmental duties.
11.
Emergency Vehicle Operation. The driver of any emergency vehicle, as defined in Subsection 6 of this section, shall not sound the siren thereon or have the front red on or disobey any existing traffic regulations, except when said vehicle is responding to an emergency call or when responding to, but not upon returning from, a fire. Tactical strategies such as, but not restricted to, "cover-ups" do not constitute an emergency call. The driver of an emergency vehicle may:
A.
Park or stand irrespective of the provisions of existing traffic
regulations.
B.
Proceed past a red or stop signal or other sign, but only after slowing
down as may be necessary for safe operation.
C.
Exceed the posted speed limit so long as the action does not endanger
life or property.
D.
Disregard regulations governing direction of movement or turning
in specified directions.
E.
The exemptions herein granted to an emergency vehicle shall apply
only when the driver of any such vehicle is responding to a fire or
other emergency sounds audible signal by bell, siren, or exhaust whistle
as may be reasonably necessary, and when the vehicle is equipped with
at least one lighted lamp displaying a red light visible under normal
atmospheric conditions from a distance of 500 feet to the front of
such vehicle.
12.
Blocking Fire Hydrants, Fire Department Connections, or Fire Lanes.
A.
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant, or any fire department
connection for the pressurization of fire suppression systems, including
fire hydrants and fire connections that are located on public or private
streets and access lanes or on private property.
B.
It shall be unlawful for any vehicle to park within any fire lane
so designated.
C.
It shall be unlawful to deny access to any water source on private
property which may be used for fire suppression during a fire or other
emergency.
D.
If, upon the expiration of the time mentioned in a notice of violation,
obstructions or encroachments are not removed, the Fire Marshal shall
proceed to remove the same. The cost incurred in the performance of
necessary work shall be paid from the Township treasury on certificate
of the Fire Marshal and with the approval of the Board of Supervisors;
and the legal authority of the Township shall institute appropriate
action for the recovery of such costs.
13.
Hydrant Use Approval. A person shall not use or operate any fire
hydrant or fire department connection intended for use of the fire
company for fire suppression purposes unless such person first secures
a permit for such use from the Fire Marshal and the water company
having jurisdiction or in the case of rural water supplies, the Fire
Chief having jurisdiction.
14.
Public Water Supply. The Fire Marshal shall recommend to the Board
of Supervisors the location or relocation of new or existing fire
hydrants, the placement or replacement of inadequate water mains located
upon public property and deemed necessary to provide an adequate fire
flow and distribution pattern, or the placement of rural water supplies
such as but not limited to such water supplies as ponds, tanks and
cisterns. A fire hydrant or other system intended to provide water
for fire suppression, shall not be put into service until approved
by the Fire Marshal.
15.
Water Distribution Systems. All new and existing commercial facilities
including those containing a large volume of flammable liquid and
solid materials, lumber yards and educational or institutional complexes
and similar occupancies and uses involving high fire or life hazards,
and which are located more than 150 feet from a public street shall
provide a water distribution system. Any occupancy as defined herein
which require quantities of water beyond those available from public
or private sources shall be required to provide a water supply acceptable
to the Fire Chief, the Fire Marshal and the Board of Supervisors.
16.
Maintenance of Fire Suppression Equipment. A person shall not obstruct,
remove, tamper with, or otherwise disturb any fire hydrant or fire
appliance required to be installed or maintained under the provisions
of the Fire Prevention Code except for the purpose of extinguishing
fire, training or testing purposes, recharging or making necessary
repairs, or when permitted by the Fire Marshal. Whenever a fire appliance
is removed as herein permitted, it shall be replaced or reinstalled
as soon as the purpose for which it was removed has been accomplished.
Defective and nonapproved fire appliances or equipment shall be replaced
or repaired as directed by the Fire Marshal.
17.
Sale of Defective Fire Extinguishers. A person shall not sell, trade,
loan, or give away any form, type, or kind of fire extinguisher which
is not approved by the Fire Marshal, or which is not in proper working
order, or the contents of which do not meet the requirements of the
Fire Marshal. The requirements of this Part shall not apply to the
sale, trade, or exchange of obsolete or damaged equipment for junk
when said units are permanently disfigured or marked with a permanent
sign identifying the unit as junk.
18.
Street Obstructions. A person or persons shall not erect, construct,
place, or maintain any bumps, fences, gates, chains, bars, pipes,
wood or metal horses, or any other type of obstruction in or on any
street, within the boundaries of the Township. The word street as
used in this Part, shall mean any roadway accessible to the public
for vehicular traffic, including, but not limited to private streets
or access lanes, as well as all public streets and highways within
the boundaries of the Township.
19.
Access to Water Supplies. No person or persons shall deny access
to any water supply including creeks, ponds, retention basins, swimming
pools, holding tanks, or other water supplies which can be used for
fire suppression to the fire department having jurisdiction or to
others acting under its direction for any emergency.
20.
Violations. Any person, firm, or corporation who shall violate any
provision of this Part, upon conviction thereof in an action brought
before a magisterial district judge 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 $50 nor
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.
[Ord. 291, 11/7/2011]
Pursuant to the authority granted to the Township in the Second
Class Township Code to protect the health, safety and welfare of the
residents of the Township, the Board of Supervisors of Wrightstown
Township finds it is in the interest of the Township to regulate the
erection, operation, maintenance, and placement of outdoor wood-fired
boilers within the Township and enacts this Part as follows.
[Ord. 291, 11/7/2011]
The Board of Supervisors of Wrightstown Township has determined
that air pollution from outdoor wood-fired boilers may be detrimental
to the health, comfort, living conditions, welfare, and safety of
the citizens of Wrightstown Township, and it is hereby declared to
be the policy of Wrightstown Township to safeguard the citizens of
the Township from such air pollution.
[Ord. 291, 11/7/2011]
1.
Within the Township, outdoor wood-fired boilers may be erected, altered,
maintained, used, or moved only when in accordance with the provisions
of these regulations and any other Township ordinances and regulations.
2.
No person shall install, construct, or modify the construction/installation
of an outdoor wood-fired boiler for any building or structure without
first obtaining from the Township the necessary permits.
3.
The requirements set forth in this section do not apply to the following:
A.
Grilling or cooking using charcoal, wood, propane or natural gas
in cooking or grilling appliances.
B.
Burning in a stove, furnace, fireplace or other heating device within
a building or structure used for human or animal habitation.
C.
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
D.
An outdoor fireplace and/or recreational fire pit.
[Ord. 291, 11/7/2011]
As used in this Part, the following terms shall have the meanings
indicated:
The Air Pollution Control Act.[1]
Natural wood that has no paint, stains, adhesives or other
types of coatings, and natural wood that has not been treated with,
including but not limited to, copper chromium arsenate, creosote,
or pentachlorophenol.
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 British Thermal Units output and is identified with
the proper qualifying label and white hangtag.
Also known as "outdoor hydronic heaters," "outdoor wood-fired
furnaces," "outdoor wood-burning appliances" or "water stoves," etc.,
and sometimes referred to herein as "appliance" or "appliances." A
fuel-burning device:
Designed to burn clean wood or other approved solid fuels;
That the manufacturer specifies for outdoor installation or
for installation in structures not normally intended for habitation
or domestic animals, including structures such as garages and sheds;
and
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.
Wood that has been split and dried for at least six months
and has less than 20% moisture by weight.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor wood-fired boiler.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
[Ord. 291, 11/7/2011]
1.
Unless specific written approval has been obtained from the Pennsylvania
Department of Environmental Protection (PA DEP), the following materials
may not be burned in the Township under any circumstances:
A.
Rubbish or garbage, including, but not limited to, food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, demolition debris or other household or business
wastes.
B.
Waste oil or other oily wastes, except used oil burned in a heating
device for energy recovery subject to applicable PA DEP regulations.
C.
Asphalt and products containing asphalt.
D.
Treated or painted wood, including, but not limited to, plywood,
composite wood products or other wood products that are painted, varnished
or treated with preservatives and/or adhesives.
E.
Any plastic material, including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, films and
containers.
F.
Rubber, including tires and synthetic rubber-like products.
G.
Any material that is not recommended for burning by the manufacturer
of the appliance.
H.
Newspaper, cardboard, or any paper with ink or dye products.
I.
Lawn clippings or yard waste.
J.
Any hazardous waste.
K.
Coal.
L.
Manure.
2.
An appliance shall not be used to burn any of the prohibited materials listed above. The only fuels permitted to be burned in any new or existing outdoor wood-fired boiler shall be seasoned, untreated, clean wood, wood pellets, corn products, or biomass pellets. Provided they are not specifically excluded under Subsection 1 hereof, fuels specifically permitted by the manufacturer's instructions, such as home heating oil, natural gas or propane, or other fuels that comply with all applicable sulfur limits and are used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers are permitted.
3.
No person shall install an outdoor wood-fired boiler that is not
an EPA Phase 2 outdoor wood-fired boiler.
4.
Any outdoor wood-fired boilers shall be located on a lot of not less
than three acres and shall be not less than 150 feet from any lot
line, or no closer to the lot line than recommended by the manufacturer,
whichever is greater.
5.
Any appliance shall not be permitted within the front yard area or
at the front of the building. For the purposes of this subsection,
the term "the front of the building" shall be that area between lines
extending perpendicular from the front corners of the building footprint
at its widest points to the street line along the front of the building.
6.
Stack Height. No person shall install an outdoor wood-fired boiler
unless it has a permanent attached stack with a minimum stack height
of 20 feet above the ground or meets the requirements of "General
Engineering Practice" as defined in 40 CFR 51.100 and EPA Report 450/4-80/023R,
"Guideline for Determination of Good Engineering Practice Stack Height,"
whichever is taller.
7.
No person shall use or operate a new or existing outdoor wood-fired
boiler unless it complies with all existing state and local regulations.
Some regulations of this commonwealth that could apply include:
A.
25 Pa. Code § 121.7 - Prohibition of Air Pollution.
B.
25 Pa. Code § 123.1 - Fugitive Emissions.
C.
25 Pa. Code § 123.31 - Odor Emissions.
D.
25 Pa. Code § 123.41 - Visible Emissions.
E.
Section 8 of the APCA, 35 P.S. § 4008 - Unlawful Conduct.
F.
Section 13 of the APCA, 35 P.S. § 4013 - Public Nuisances.
8.
All appliances shall be installed, operated, and maintained in strict
compliance with the manufacturer's instructions and guidelines for
the said appliance. In the event that a conflict arises between the
manufacturer's instructions and regulations, and the regulations contained
in this Part, the stricter instructions or regulations shall apply.
9.
All ashes or waste may be disbursed on the property where the appliance
is located. Any large accumulation of ashes or waste must be disposed
of in a manner approved by Wrightstown Township and/or the Pennsylvania
Department of Environmental Protection.
10.
All appliances shall be used for the sole purpose of furnishing heat
and/or hot water to a dwelling or other structure pursuant to a permit
issued hereunder, including residential swimming pools.
11.
Outdoor wood-fired boilers shall be operated only between September
1 and May 31 each year.
12.
Spark Arrestors. All outdoor wood-fired boilers shall be equipped
with properly functioning spark arrestors.
13.
Installation of any electrical or plumbing apparatus or device used
in connection with the operation of an exterior furnace shall be in
conformity with all applicable electrical and plumbing codes and,
in the absence of such code, in conformity with the manufacturer's
installation specifications.
14.
Standards for installation shall also require the outdoor wood-fired
boilers be installed upon a nominal six-inch-thick, permanent, reinforced
cement pad in such dimension so as to allow a minimum of six inches
of exposed surface area along the perimeter of the pad. An additional
eighteen-inch extension of the concrete pad shall be provided adjacent
to any access panel, including fuel loading doors and ash removal
doors.
15.
All stacks must be constructed to withstand high winds or other related
elements in accordance with good engineering practice (GEP).
16.
The use of lighter fluids, gasoline or chemicals to start the furnace
is prohibited.
17.
All outdoor wood-fired boilers shall be required to be equipped with
a backup power source.
[Ord. 291, 11/7/2011]
1.
Permits. A permit shall be secured prior to the erection, structural
repair, alteration and relocation of any outdoor wood-fired boiler
within the Township. For purposes of obtaining a permit, the applicant
shall make application in writing and shall submit the following:
name and address of the owner; name and address of the applicant;
a plot plan (1/8 inch per foot or greater) showing the location of
the lot, building, and proposed outdoor wood-fired boiler in relation
to each public right-of-way, building and driveway; and construction
plans, including all pertinent engineering data, to the Code Enforcement
Officer. The plot plan shall indicate all existing structures.
2.
Fees and Deposits. Permit fees and escrow deposit amounts, as required
herein, shall be set by resolution of the Board of Supervisors.
3.
All wood-fired furnaces which are not EPA Phase II boilers, the operation
of which create a public or private nuisance, shall be removed, replaced
or modified to comply with this Part upon receipt of a violation notice
from the Code Enforcement Officer.
4.
In the event that the appliance is damaged more than 50%, or it is
physically deteriorated or decayed, the said appliance must be removed
and/or replaced with a new unit within 60 days of the date that notice
is received from the Township of Wrightstown. In such event, all provisions
of this Part, including, but not limited to, permitting procedures
shall be complied with.
5.
Any resident who has secured a permit to install an outdoor wood-fired
boiler in so doing will also be agreeing to allow the Township Code
Enforcement Officer or any other person designated by the Township
to inspect the furnace if a written complaint is filed relative to
a violation of this Part.
6.
The Township reserves the right to suspend the use of all outdoor
wood-fired boilers if weather conditions warrant, based upon air quality
warnings which may be issued by monitoring agencies.
7.
Prior to the sale, transfer or change in tenants where any noncomplying
outdoor wood-fired boiler is operated, this appliance shall be removed,
replaced or modified to comply with the requirements of this Part.
Additionally, upon such events, a renewal permit application shall
be submitted for compliant appliances and an inspection of same shall
occur to determine that such appliances comply with the requirements
of this Part.
[Ord. 291, 11/7/2011]
1.
A violation of this Part or of any order issued by Wrightstown Township under this Part shall constitute a public nuisance. The Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 7-209. Whenever the nuisance is maintained or continued contrary to this Part or any order issued pursuant to this Part, the nuisance may be abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable for the cost of abatement.
2.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this Part or to fail
to comply with any order or other requirement of the Township; or
to cause a public nuisance; or to hinder, obstruct, prevent, or interfere
with the Township or its personnel in their performance of any duty
hereunder, including denying the Code Enforcement Officer access to
the source or facility.
[Ord. 291, 11/7/2011]
1.
The Code Enforcement Officer, or his/her designee, is authorized
to enforce this Part.
2.
If the Code Enforcement Officer, or his/her designee, finds that
any provision of this Part is being violated, he/she shall provide
notification, in writing, to the person responsible for the violation,
indicating the nature of the violation and ordering the action necessary
to correct it.
3.
If the violation is not corrected within the time specified, the
Code Enforcement Officer, or his/her designee, may order repairs or
removal of the outdoor wood-fired boiler and its supporting structures
judged dangerous, in disrepair or in violation of this Part, may revoke
the certificate of compliance; and/or may seek penalties and injunctive
relief.
[Ord. 291, 11/7/2011]
Violation of any provision of this Part or any lawful order
relating to this Part by the Code Enforcement Officer, or his/her
designee, shall be subject to a fine of $100 for the first offense;
$200 for the second offense; and $500 for any subsequent offense occurring
during any twelve-month period. Each day that the violation continues
is a separate violation. In the event that Wrightstown Township incurs
any expense in the enforcement of this Part, including, but not limited
to, court costs and attorneys' fees, the Township shall be entitled
to collect such costs from the violator. Any penalties or costs assessed
shall be payable to Wrightstown Township.
Any person aggrieved by a decision of the Code Enforcement Officer,
or his/her designee, may appeal to the Board of Supervisors within
30 days. The Board of Supervisors has the authority to interpret the
provisions of this Part which are called into question and to waive
the standards included in this Part when a literal enforcement of
the provisions of this Part would result in the applicant's ability
to reasonably utilize an outdoor wood-fired boiler.
