[Amended 2-9-2004 by Ord. No. 701]
This chapter shall be known and may be cited as the "Wood/Coal-Burning Stove, Chimney and Carbon Monoxide Detector Ordinance."
[HISTORY: Adopted by the City Council of the City of Pottsville 1-24-1980 as Ord. No. 267. Amendments noted where applicable.]
No owner, agent or tenant shall commence with the installation of any chimney, fireplace, stove pipe or wood/coal-burning stove or appliance unless first obtaining a permit from the City of Pottsville. The fee for such permit shall be $10. Following completion of the installation and before placing the stove, appliance, chimney or fireplace into use, the permittee shall notify the Fire Chief, who shall forthwith inspect the installation to determine that it is in compliance with the requirements of this chapter. If found to be in compliance with this chapter, the Fire Chief shall countersign the permit and note the date of his inspection. If found to be in noncompliance, the Fire Chief shall notify the permittee, in writing, of the nature of the noncompliance, and the stove, chimney, fireplace or appliance shall not be placed into use until the condition has been corrected and reinspected by the Fire Chief and the permit countersigned by him.
All wood/coal-burning stoves or appliances shall be at least 36 inches from all combustible materials. Where clearance is less than 36 inches but more than 18 inches, the combustible surface shall be protected by one-fourth-inch asbestos millboard spaced one inch or more from the combustible surface. Adequate space shall be provided to permit air circulation. If clearance is less than 18 inches but more than 12 inches, the combustible wall shall be protected with a four-inch brick veneer wall extending two feet above and two feet beyond each side. All other installation shall be as follows:
A.
All wood/coal-burning stoves or appliances that have circulating devices shall be at least 24 inches from a combustible surface unless the appliance has a rating for lesser distance from combustible surface.
B.
If the distance of any circulating wood/coal-burning stove or appliance is 12 inches to 24 inches from the noncombustible surface, the surface shall be protected by one-fourth-inch asbestos millboard spaced one inch or more from the walls with adequate one-inch spacing from the floor to permit air circulation between wall and shield.
C.
If the circulating wood/coal-burning stove or appliance is eight inches to 12 inches from the noncombustible surface, the surface shall be protected by one-fourth-inch asbestos millboard covered with 28-gauge metal spaced one inch or more from the wall and floor to permit air circulation.
D.
Noncombustible floor material shall extend at least 18 inches beyond the opening from which ashes are removed and at least six inches beyond the sides and rear.
E.
Where stove legs are at least 18 inches above a combustible surface, a 24-gauge sheet metal shall be used.
F.
Where stove legs are between six inches and 18 inches above a combustible surface, a 24-gauge sheet metal over one-fourth-inch layer of asbestos millboard or other approved noncombustible material shall be used.
G.
Where stove legs are six inches or less above a combustible surface, a four-inch hollow masonry pad should be laid or an approved noncombustible surface of an inch thickness shall be used.
A.
All stove pipes shall be equal to or larger than the appliance flue connector.
B.
All connector pipe shall be of a minimum of 24-gauge black pipe or heavier.
C.
All connector pipe shall rise from the stove toward the chimney at least 1/4 inch per foot or more.
D.
Crimped end of chimney connector pipe shall point toward stove. Adapters may be used to permit crimped end to point toward stove.
E.
Single wall connector pipe shall not pass through the floor or wall. However, when necessary, a connector may pass through a wall under the following conditions:
(1)
Where a ventilated-type metal thimble is used and is 12 inches greater in diameter than the chimney connector.
(2)
Where a metal or burned fire-clay thimble is used and the thimble is surrounded on all sides by not less than eight inches of brickwork or equivalent fireproofing material.
(3)
When all combustible material is removed for a sufficient distance to provide not less than 18 inches clearance on all sides of the connector. Any materials used to close this opening must be noncombustible insulating material.
(4)
When the section of the connector pipe passing through the combustible material is replaced by a properly installed section of factory build insulated Class A pipe for solid fuels.
(5)
All stove pipe shall be a minimum of 18 inches from a combustible surface.
(6)
If stove pipe is 12 inches to 18 inches from combustible surface, the surface shall be covered with one-fourth-inch asbestos millboard spaced one inch from the wall or ceiling used as a shield.
(7)
If stove pipe is nine inches to 12 inches from combustible surface, the surface shall be covered with one-fourth-inch asbestos millboard with a 28-gauge sheet metal spaced one inch from wall or ceiling.
A.
Except as herein provided, all chimneys in every building hereafter erected and all chimneys hereafter altered or rebuilt shall be constructed of brick, stone or reinforced concrete or UL-listed Class A chimney. No masonry chimneys shall have walls less than four inches in thickness, and all chimneys shall be lined on the inside with fire clay chimney tile set in portland cement mortar. The lining shall be continuous from the bottom of the flue to its extreme height. No chimney shall be corbeled out more than six inches from a brick wall, and such corbeling shall consist of not less than five courses of brick unless the chimney requires special construction, and then any special constructed chimney shall not be corbeled out to such extent that the center of gravity of the chimney would be located so as to endanger the structure.
B.
All chimneys shall project at least three feet above the point of contact with a flat roof or two feet above any roof surface within 10 feet horizontally of the chimney. Portland cement may be used in the construction of chimneys with the addition of not more than 10% by volume of hydrated lime. No chimney in any building shall have wooded supports of any kind. Supports shall be noncombustible and shall rest upon the ground or foundation walls. Concrete footings under new chimneys shall be as hereinbefore specified for concrete footings under foundation walls. All chimneys which are dangerous from any cause shall be repaired and made safe or taken down.
C.
The fireback of every fireplace hereafter erected shall not be less than eight inches in thickness of solid brickwork or air cell construction, nor less than 12 inches of stone lined with fire brick. When a grate is set in a fireplace, a lining of fire brick at least two inches in thickness shall be added to the fireback, or soapstone, fireclay or cast iron may be used, if solidly backed with brick or concrete. All smoke pipes shall enter the chimney through a flue thimble or its equivalent such that the construction shall make a firetight joint with the chimney tile flue liner.
D.
All flue holes when not in use shall be closed with tight-fitting metal covers. No wooden beams or joists shall be placed within one inch of the outside face of the chimney or flue, whether the same are for smoke, air or any purpose, except for hot air flues for heating purposes. No woodwork shall be within four inches of the back wall of any fireplace except if a chimney is built such that the thickness from the flue line is eight inches or more. Necessary woodwork may be placed against the chimney by using asbestos sheeting between and around the wood so placed under the approval of the Building Inspector.
[Amended 12-12-1994 by Ord. No. 526]
Any person violating any of the provisions of this chapter shall be fined not more than $600 and, in default of payment of fine and costs, be imprisoned for not more than 90 days. Each day's continued violation shall constitute a separate offense.
[Added 2-9-2004 by Ord. No. 701]
As used in this chapter, the following terms shall have the meanings indicated:
An assembly comprised of a carbon monoxide detector and an audible alarm in one unit, which, upon detection of carbon monoxide, activates the alarm. Detectors shall be of types approved by Underwriter's Laboratories, Inc. Detectors directly connected to the electrical system of the dwelling shall contain an independent battery backup system.
Shall include coal, natural gas, kerosene, oil, propane and wood.
Shall be as defined in the International Fire and Building Codes. "Multiple dwelling" includes, but is not limited to, hotels, motels, apartment houses, lodging houses, community residences, old-age homes, dormitories, fraternity houses and sorority houses.
[Added 2-9-2004 by Ord. No. 701]
Carbon monoxide detectors and alarms shall be installed in the hallways no less than 15 feet from each bedroom on every floor or level of a one-family or two-family dwelling where bedrooms are located. Carbon monoxide detectors and alarms shall be installed on every floor or level of a multiple dwelling in the City of Pottsville within 40 feet of all doors to dwelling units or sleeping areas in a corridor which serves dwelling units. All carbon monoxide detectors and alarms shall either be directly connected to the electrical system of the dwelling with no intervening wall switch or shall be battery-powered. Plug-in-type carbon monoxide detectors and alarms with no intervening wall switch shall be permitted. Each carbon monoxide detector and alarm shall be mounted in accordance with the manufacturer's instructions or as required by regulations adopted pursuant to this chapter. Carbon monoxide detectors and alarms shall not be mounted in areas of low air movement (dead air spaces).
[Added 2-9-2004 by Ord. No. 701; amended 3-10-2008 by Ord. No. 764]
Every owner of a one-family dwelling, two-family dwelling or multiple dwelling in the City of Pottsville, whether for temporary or permanent occupancy, that relies on combustion of fossil fuel for heat, hot water or ventilation shall be required to install and maintain within the building operable carbon monoxide detectors and alarms in accordance with this chapter. All subsequent owners of above-mentioned properties shall be responsible for maintenance of operable carbon monoxide detectors after occupancy.
[Added 2-9-2004 by Ord. No. 701]
The Pottsville Health/Code Enforcement Department may adopt, subject to the approval of the Pottsville City Council, such regulations as it deems necessary for the implementation of this chapter.
[Added 2-9-2004 by Ord. No. 701]
The following residential units shall not require carbon monoxide detectors:
A.
A residential unit in a building that does not rely on combustion of fossil fuel for heat, ventilation or hot water and is not close to any ventilated source of carbon monoxide.
[Added 2-9-2004 by Ord. No. 701]
Except as hereinafter provided, it shall be unlawful for any person to remove batteries from a carbon monoxide detector required under this chapter or in any way to make inoperable a carbon monoxide detector required under this chapter. This provision shall not apply to any building owner or manager or his agent in the normal procedure of replacing batteries.
[Added 2-9-2004 by Ord. No. 701]
The owner of a structure shall supply and install required carbon monoxide detectors. The owner shall test and maintain carbon monoxide detectors located other than in a dwelling unit. The owner shall provide written information regarding carbon monoxide testing and maintenance to at least one adult tenant in each dwelling unit, The tenant shall test, provide general maintenance and replace required batteries for carbon monoxide detectors located in the tenant's dwelling unit.
[Added 2-9-2004 by Ord. No. 701]
In every building that is heated by one main central-fossil-fuel-powered heating unit, and that is not exempted, one approved carbon monoxide detector must be installed in the room containing the central heating unit.
[Added 10-13-2008 by Ord. No. 768]
A.
Purpose. This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of Pottsville, Pennsylvania, due to the air pollution from outdoor wood-fired furnaces.
B.
Applicability. This section applies to all outdoor wood-fired furnaces within the City of Pottsville.
C. CLEAN WOOD OUTDOOR WOOD-FIRED FURNACE REFUSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Natural dry wood which has not been painted, varnished or coated with a similar material, has not been pressure-treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
A wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
Any waste material except clean wood.
D.
Use of existing outdoor wood-fired furnaces.
(1)
Outdoor wood-fired furnace permit. A permit shall be obtained from the City of Pottsville to operate an existing wood-fired furnace or change the construction or location of an existing wood-fired furnace. The installation of an outdoor wood-burning furnace after the effective date of this regulation is prohibited. The existing outdoor wood-fired furnace shall only be allowed in parcels of sufficient size to meet distance requirements to neighboring buildings or building sites.
(2)
The outdoor wood-fired furnace shall be located at least 200 feet from any residence which is not on the same property as the outdoor wood-fired furnace.
(3)
If there is a residence within 200 feet of the wood-fired furnace which is not on the same property, then the outdoor wood-fired furnace shall have an attached permanent stack extending at least two feet higher than the roofline of the structure not being served.
(4)
The outdoor wood-fired furnace shall comply with all applicable laws, including, but not limited to, ordinances that prohibit creating a human health hazard or a public nuisance.
(5)
Only clean wood may be used in the furnace.
(6)
The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in Subsection E except paper and cardboard.
(7)
The outdoor wood-fired furnace shall only be operated between the dates of September 1 and May 31.
E.
Materials that may not be burned. The following materials may not be burned:
(1)
Rubbish or garbage, including but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
(2)
Waste oil or other oily wastes except used oil burned in a heating device for energy recovery.
(3)
Asphalt and products containing asphalt.
(4)
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.
(5)
Any plastic material, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(6)
Rubber, including tires and synthetic rubber-like products.
F.
Right of entry and inspection. An officer, agent, employee or representative of the City of Pottsville who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with applicable legal parameters.
G.
Enforcement and penalties.
(1)
The Code Enforcement Office is authorized to enforce the provisions of this section.
(2)
Any person violating any of the provisions of this section shall be fined not more than $600 and, in default of payment of fine and costs, be imprisoned for not more than 90 days. Each day's continued violation shall constitute a separate offense.