[HISTORY: Adopted by the City Council of
the City of Pottsville 1-24-1980 as Ord. No. 267. Amendments noted
where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch.
121.
Space heaters — See Ch.
191.
[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."
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:
CARBON MONOXIDE DETECTOR AND ALARM
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.
FOSSIL FUEL
Shall include coal, natural gas, kerosene, oil, propane and
wood.
ONE-FAMILY DWELLING, TWO-FAMILY DWELLING and MULTIPLE DWELLINGS
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.
B. A residential unit that:
(1) Is heated by steam, hot water or electric heat;
(2) Is not connected by ductwork or ventilation shafts
to any room containing a fossil-fuel-burning boiler or heater; and
(3) Is not sufficiently 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. Definitions. As used in this section, the following
terms shall have the meanings indicated:
CLEAN WOOD
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.
OUTDOOR WOOD-FIRED FURNACE
A wood-fired furnace, stove or boiler that is not located
within a building intended for habitation by humans or domestic animals.
REFUSE
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.