[Adopted 1-4-1993 by Ord. No. 93-1]
This article shall be known and may be cited
as the "Lower Frederick Township Air Pollution Control Ordinance of
1993."
Whereas pollution of the air is detrimental
to the health, comfort, living conditions, welfare, and safety of
the citizens of Lower Frederick Township, Montgomery County, it is
declared to be the policy of the Township to safeguard the citizens
form air pollution.
The following words, terms and phrases, when
used in this article, unless the context clearly indicates otherwise,
shall have the meanings set forth below:
BOARD
Board of Supervisors of Lower Frederick Township, Montgomery
County, Pennsylvania.
FLUE
Any duct, passage, stack, chimney or conduit, attached to
a building, permitting air contaminants to be emitted into the open
air which would otherwise be emitted indoors.
[Amended 4-1-2008 by Ord. No. 08-01]
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
[Amended 4-1-2008 by Ord. No. 08-01]
ODOR
That property of a substance which affects the sense of smell.
OPEN BURNING
Any fire wherein air contaminants, including smoke and/or
odor, are emitted to the open air and are not directed thereto through
a flue.
[Amended 4-1-2008 by Ord. No. 08-01]
PERSON
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, or other entity recognized by law as the
subject of rights and duties, including any governmental agency.
SALVAGE OPERATIONS
Salvaging or reclaiming of any product or material, including
but not limited to metals, chemicals, shipping containers or drums.
SMOKE
Extremely small solid particles produced by incomplete combustion
of organic substances and includes, but is not limited to, fly ash,
cinders, tarry matter, unburned gases, soot or carbon and gaseous
combustion products.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction,
building operations, or the operation of any business, trade or industry
including, but not limited to, plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials; provided, however, that trade
waste shall not include any coal refuse associated with the mining
or preparation of coal.
The following regulations shall apply to burning
domestic refuse:
A. Outdoor burning of domestic refuse shall be in an
approved burning barrel or other approved incinerator. An approved
burning barrel is a solid, sturdy, steel cylindrical container with
a sealed steel bottom with ventilation holes and an open top which,
during outdoor burning, is covered firmly and completely by a steel,
spark-arresting screen. Other approved incinerators are containers
approved in writing by the Township Police Chief after review and
inspection, with a volume no greater than a fifty-five-gallon drum
with containment, ventilation and spark-arresting features similar
to those of an approved burning barrel.
B. Outdoor burning of domestic waste shall be attended
at all times by a competent adult. Outdoor burning of domestic waste
shall not be conducted within 50 feet of any building or other structure,
or on any road, alley, or public walkway, or in any area specifically
disapproved by the Air Pollution Control Officer.
[Amended 4-1-2008 by Ord. No. 08-01]
C. The area within five feet of any burning barrel or
other incinerator shall be completely clear of any combustible material
during outdoor burning.
D. Fire extinguishing equipment shall be readily available
for use during any outdoor burning.
E. Every outdoor fire shall be started and completely
extinguished after sunrise and before sunset. No outdoor fire shall
be started within an hour of sunset. The Air Pollution Control Officer
shall have the right to inspect outdoor burning.
F. No outdoor burning shall be conducted during periods
of high winds, declared draught, or weather inversion or other situations
deemed hazardous by the Air Pollution Control Officer.
G. All ventilation holes in the burning barrel or other
incinerator shall be kept open and free of clogging material. A spark-arresting
screen mesh shall be kept in place during outdoor burning.
H. No burning of plastic, rubber, garbage, diapers or
animal waste shall be permitted.
[Adopted 8-2-2011 by Ord. No. 11-05]
This article shall be known as the Lower Frederick Township
"Outdoor Wood-Fired Boiler Ordinance."
Although outdoor wood-fired boilers may provide an economical
alternative to conventional heating systems, concerns have been raised
regarding the safety and environmental impacts of these heating devices,
particularly the production of offensive odors and potential health
effects of uncontrolled emissions. This article is intended to ensure
that outdoor wood-fired boilers are utilized in a manner that does
not create a nuisance and is not detrimental to the health, safety
and general welfare of the residents of Lower Frederick Township.
This article applies to the installation and use of all outdoor
wood-fired boilers within Lower Frederick Township. This article does
not apply to burning which does not create a nuisance or a fire hazard
and which is attended by a responsible person at all times until completely
extinguished and is done for the following purposes:
A. Outdoor grilling or cooking using charcoal, wood, propane or natural
gas in cooking or grilling appliances;
B. Burning in a stove, fireplace and those furnaces not regulated herein,
unless the material being burned includes refuse as defined herein;
C. The use of propane, acetylene, natural gas, heating oil, gasoline
or kerosene in a device intended for heating, construction, manufacturing
or maintenance activities.
The following words, terms, and phrases, when used in this article,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
BTU or 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).
CLEAN WOOD
The term includes the following:
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.
CODE ENFORCEMENT OFFICER
The Zoning Officer or other person appointed by Lower Frederick
Township to administer and enforce this article whose duties shall
include responding to resident questions and complaints and performing
other tasks as Township Supervisors may assign.
NEW OUTDOOR WOOD-FIRED BOILER
An outdoor wood-fired boiler that is first installed, established
or constructed after the effective date of this article.
NON-PHASE 2 OUTDOOR WOOD-FIRED BOILER
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 pounds per million Btu output or lower and is labeled accordingly.
NUISANCE
Nuisance shall be defined as conduct tending to cause danger,
discomfort or undue annoyance or undue unpleasantness to persons.
OUTDOOR WOOD-FIRED BOILER
A.
A fuel-burning device that:
(1)
Is designed to burn, or is capable of burning, clean wood or other fuels (relating to outdoor wood-fired boilers) listed under §
50-15G of this article.
(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.
PHASE 2 OUTDOOR WOOD-FIRED BOILER
An outdoor wood-fired boiler that has been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pounds per million BTU output or lower and is labeled accordingly.
SERVICE
The date a notice is delivered; also "served." This date
is the date the property is posted or the date notice is handed to
an owner, or three days after the notice is mailed to the owner(s)
of record.
STACK or CHIMNEY
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device or structure,
including that part of the structure extending above a roof.
Any person desiring to install an outdoor wood-fired boiler
within Lower Frederick Township shall obtain a permit from the Code
Enforcement Officer and shall pay a permit fee set by Lower Frederick
Township by resolution.
An outdoor wood-fired boiler that was purchased and installed prior to the effective date of this article shall only burn allowed fuels listed in §
50-15G of this article. If an existing outdoor wood-fired boiler is determined to be a public safety hazard by a Township official, the Township may take reasonable steps to make sure the boiler will not be a nuisance.
Any person desiring to install an outdoor wood-fired boiler
within the municipality shall obtain a permit from the Code Enforcement
Officer. The applicant for such a permit shall meet the following
conditions:
A. Present a plan showing all property lines, the locations and distances
of all dwellings or occupied building on adjoining properties, and
the proposed location of the outdoor wood-fired boiler.
B. Applicant must obtain all permits associated with the installation
of the boiler in accordance with the International Plumbing, Electrical,
and Mechanical Code in affect at the time of installation.
C. Provide a copy of the manufacturer's specification and instructions,
which the applicant agrees to comply with and not alter at any time.
D. Demonstrate that the outdoor wood-fired boiler has been laboratory
tested and listed to comply with appropriate safety standards, such
as UL (Underwriters Laboratories) or ANSI (American National Standards
Institute) standards.
E. All outdoor wood-fired boilers shall be equipped with properly functioning
spark arrestors.
F. The application shall be signed by all owners of the lot on which
the outdoor wood-fired boiler will be located and the contractor installing
the outdoor wood-fired boiler.
G. Allowed fuels. A person that owns, leases, uses or operates an outdoor
wood-fired boiler shall use only one or more of the following fuels:
(2) Wood pellets made from clean wood; or
(3) Home heating oil, natural gas or propane that:
(a)
Complies with all applicable sulfur limits; and
(b)
Is used as a starter or supplemental fuel for dual-fired outdoor
wood-fired boilers.
H. Height and setback requirements for all new outdoor wood-fired boilers:
(1) All outdoor wood-fired boilers shall have a chimney that extends
at least 10 feet above the ground level of the boiler. The chimney
heights of new outdoor wood-fired boilers shall be determined by the
distance from the nearest residence. It is further recommended that
the outdoor wood-fired boiler be located with due consideration to
the prevailing wind direction.
(2) A person may not install a new Phase 2 outdoor wood-fired boiler
unless the boiler is installed a minimum of 50 feet from the nearest
property line.
(3) For all outdoor wood-fired boilers located at or beyond 50 feet but
no more than 100 feet from any residence, the stack of the boiler
shall be at least 75% of the building height of that residence, plus
an additional two feet, but no less than 10 feet.
(4) For all outdoor wood-fired boilers located more than 100 feet but
no more than 150 feet from any residence, the stack of the boiler
shall be at least 50% of the building height of that residence, plus
an additional two feet, but no less than 10 feet.
(5) For all outdoor wood-fired boilers located more than 150 feet but
no more than 200 feet from any residence, the stack of the boiler
shall be at least 25% of the building of height of that residence,
plus an additional two feet, but no less than 10 feet.
If an outdoor wood-fired boiler is replaced or upgraded, a permit shall be required pursuant to §
50-14 of this article and shall comply with all sections of this article.
Outdoor wood-fired boilers shall be operated only between October
1 and June 1, except that any outdoor wood-fired boilers located on
lots of 20 acres or more may be operated throughout the calendar year.
Lower Frederick Township, 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 issuance of any
permit under the provisions of this article, or by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this article. The person or party responsible for any such burning
activity shall bear sole liability of any damages caused as a result
thereof.