No person, owner, agent or tenant shall install
or begin to install any chimney, stovepipe, fireplace or wood- and/or
coal-heating or -cooking equipment unless a permit has been obtained
from the officer of the Borough of Marietta designated by resolution
of the Council.
The applicant, on forms provided by the Borough
of Marietta, shall furnish to such designated officer the following
information:
A. The name and address of the applicant.
B. The name and address of the owner of the structure.
C. The relationship of the applicant to the owner of
the structure.
D. Plans showing the location and method of installation
of the chimney, fireplace, smokepipe or wood- and/or coal-heating
or -cooking equipment.
E. Make, style and model of the appliance.
The applicant shall pay to the Borough of Marietta
as a permit issuance fee an amount to be determined by resolution
of the Borough Council.
After review of said application, said designated
officer shall inspect the premises and issue an installation permit,
which shall incorporate the design as provided by the applicant. After
completion of said installation, the designated officer shall issue
a final permit, which shall authorize the applicant to utilize said
appliance.
Any person, owner, agent or tenant who begins
to install or modify a chimney, fireplace, smokepipe or wood- and/or
coal-heating or -cooking equipment without a permit as provided for
in this chapter, or who installs or begins to install, modify or renovate
a chimney, fireplace, smokepipe, wood- and/or coal-heating or -cooking
equipment without a permit or in violation of the specifications of
this chapter, shall upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Lancaster County.
Wood-burning stoves shall be tested and approved
for use by a testing agency or the manufacturer must have proof of
liability insurance.
All wood- and/or coal-heating appliances shall
be at least 36 inches from all combustible materials or in accordance
with manufacturer specifications, whichever is safer. Where clearance
is less than 36 inches but more than 18 inches, the combustible surface
shall be protected by three-fourths-inch asbestos board with cement
covered with No. 28 gauge metal spaced one inch or more from combustible
surface or per manufacturer recommendations. 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
by a four-inch brick veneer extending two feet above and two feet
beyond each side of heating appliance.
A. All wood- and/or coal-burning equipment that has 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 circulation around the wood- and/or
coal-burning appliance is 12 to 24 inches from a combustible 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- and/or coal-burning equipment
is eight to 12 inches from a combustible surface, the surface shall
be protected by one-fourth-inch asbestos millboard covered with No.
28 gauge metal spaced one inch or more from the wall and floor to
permit air circulation.
D. Noncombustible material shall extend at least 18 inches
beyond the stove from which ashes are removed and at least 12 inches
beyond sides and rear.
E. Where stove legs are at least 18 inches above a combustible
surface, a No. 24 gauge sheet metal or other suitable, approved noncombustible
material shall be used.
F. Where stove legs are between six inches and 18 inches
above a combustible surface, a No. 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 not less than an inch thickness shall be
used.
Prior to the issuance of the permit required
by this chapter, the installer shall certify that the chimney is cleaned
of buildup, creosote and residue and structural defects. Within three
years of registration of existing equipment or of issuing the permit,
the owner shall certify in writing to the Housing Officer that the
chimney has been cleaned. A similar certification shall be made every
three years thereafter.
One smoke detector shall be installed on each
floor used for human habitation if wood-burning stove or fireplace
is installed.
Owners of existing wood- or coal-heating/cooking
equipment shall register that equipment in writing with the Housing
Officer within 90 days of ratification of this chapter.
Nothing in this chapter shall be construed to
affect any suit or proceeding now pending in any court, or any rights
acquired or liability incurred, or any cause or causes of action accrued
or existing, under any act or ordinance repealed hereby. No right
or remedy of any character shall be lost, impaired or affected by
this chapter.