Borough of Jersey Shore, PA Furnaces, Outdoor

Seasoned wood without paint, or other coating, and wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.

DWELLING

A building designed or used as the living quarters for one or more persons.

OPEN BURNING

A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and are not directed through a flue/vent stack or chimney.

OUTDOOR FURNACE

A device located outside a dwelling or structure and used to burn materials for the purpose of generating heat inside a dwelling or structure and is certified by UL, CAN/CSA, ANSI or another independent testing organization. An outdoor furnace shall be considered a "structure" for purposes of any other ordinance or regulation applying to or effective in Jersey Shore Borough, including but not limited to Chapter 300, Zoning, and building codes.[1]

PERSON

Any individual, public or private corporation for profit or not for profit, association, partnership, firm, trust, estate, department, board, bureau, or agency of the commonwealth or the federal government, political subdivision, municipality, district, authority, or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

STRUCTURE

Anything constructed or portable or installed that requires, for normal use, a location on a parcel of land, which can be used temporarily or permanently for housing, business, commercial, agriculture or office purposes. It also includes, but is not limited to, garages, workshops, barns, incinerators and accessory buildings.

[1]

Editor's Note: See Ch. 140, Construction Codes.

§ 170-2 Applicability.

The regulations of this chapter shall apply to all outdoor furnaces, as defined above, that are situated in the Borough on the effective date of this chapter, but shall exclude the following:

Grills or cooking stoves using charcoal, wood, propane or natural gas; and

Stoves, fireplaces, furnaces or other heating devices located within a building or structure used for human or animal habitation.

§ 170-3 General requirements.

New outdoor furnaces. After the effective date of this chapter, no person shall construct, install or establish an outdoor furnace unless such operation meets the following standards:

(1)

All outdoor furnaces shall be EPA approved and laboratory tested and listed to appropriate safety standards of one of the following: UL (Underwriter's Laboratories), CAN/CSA (Canada Natural Standard/Canada Standards Association) or ANSI (American National Standards Institute).

(2)

All outdoor furnaces shall be constructed, established, installed, operated and maintained in accordance with the manufacturer's instructions and the requirements of this chapter. In the event of a conflict, the stricter requirements shall apply.

(3)

If an outdoor furnace, established subsequent to these regulations, creates a verifiable nuisance, as defined by local or state law, the following steps shall be taken to correct and abate such nuisance:

(a)

The unit shall be modified by the owner to eliminate the nuisance by extending the chimney or relocating the furnace or both; or

(b)

Operation of the unit shall be discontinued until reasonable steps can be taken to ensure the furnace will not be a nuisance.

(4)

All outdoor furnaces shall be locked at all times other than when burning materials are being placed into them. Said locks shall be in the form of a key or combination lock that will deny access to anyone attempting to access the outdoor furnace other than the authorized owner and/or operator.

Existing outdoor furnaces. Outdoor furnaces that were installed prior to the effective date of these provisions may continue to operate provided the following standards are met:

(1)

All owners/operators of existing units shall apply for a zoning permit in accordance with the requirements herein within 90 days of the effective date of this chapter.

(2)

All existing outdoor furnaces shall be brought into compliance with chimney height and draft-induced blower system requirements as provided herein.

(3)

All existing outdoor furnaces that do not meet the yard or setback requirements shall be deemed existing nonconforming structures.

§ 170-4 Furnace use and installation standards.

General regulations.

(1)

All furnaces shall comply with emission standards established for outdoor furnaces by the Environmental Protection Agency (EPA). All such emission standards currently required by EPA, or as may hereafter be amended or modified, are included by reference in this chapter.

(2)

Any dispersing of ashes or wastes generated by the outdoor furnace, on the property where the furnace is located, shall meet any and all requests by the Pennsylvania Department of Environmental Protection and any amendments thereof.

(3)

Any person utilizing or maintaining an outdoor furnace shall be responsible for all fire suppression costs and any other liability resulting from damage caused by a fire.

(4)

Any outdoor furnace, whether existing or installed subsequent to this chapter, that is damaged more than 50% of its value, or is physically deteriorated or decayed, shall be removed and/or replaced with a new unit within 60 days of receipt of notice from the Borough. In such event, all provisions of this chapter, including but not limited to setback and chimney height, shall be complied with.

(5)

All burnable materials must be neatly stacked and stored under cover.

(6)

If installation would occur in any flood zone of Jersey Shore Borough, applicant must comply with any and all applicable floodplain regulations.

Materials that may be burned. Outdoor furnaces may only burn fuels for which the same were designed to burn and which are approved by the manufacturers. None of the following fuels may be burned in any outdoor furnace under any circumstances.

(1)

Any wood that does not meet the definition of "clean wood";

(2)

Garbage;

(3)

Tires;

(4)

Waste petroleum products;

(5)

Paint and paint thinners;

(6)

Construction and demolition debris;

Plywood;

Manure;

Asphalt products;

Animal carcasses;

Plastic or rubber;

Household trash;

Leaves; or

Recyclable material.

Setback requirements. All new outdoor furnaces should be set back in accordance with the following requirements regardless of the zoning district in which it is to be located:

(1)

All outdoor furnaces shall be located on the property in compliance with the manufacturer's recommendations with respect to clearance for combustible materials. Due consideration shall be give to prevailing wind directions when locating any furnace.

(2)

Outdoor furnaces shall not be located within a required front yard, nor in front of the building to which it is accessory.

(3)

Outdoor solid fuel furnaces shall be set back at least 15 feet from all sides and rear property lines.

Chimney requirements and height.

(1)

All outdoor furnaces whether new or existing, shall have a minimum chimney height of 16 feet from the ground or as otherwise required by law, whichever is greater.

(2)

All outdoor furnaces must have a working draft-induced blower system.

(3)

Chimneys shall be firmly secured to prevent toppling.

§ 170-5 Permit requirements.

After the effective date of these provisions, no person shall construct, install, establish or maintain any outdoor furnaces without first obtaining a zoning permit from the Borough.

(1)

Applications for permits shall include the following data and documentation:

(a)

A site plan showing the location of the proposed furnace on the property, the location and height of all existing buildings or structures on the property, the distance from the furnace to such existing buildings or structures, and the distance of the outdoor furnace to dwellings on adjacent properties;

(b)

A copy of the manufacturer's and/or owner's manual and installation instructions; and

(c)

A list of the materials intended to be burned.

(2)

No permit shall be granted until a formal inspection of the installation has occurred and the Borough has received all of the required information.

Permit fees shall be based on the current Borough permit fee schedule and can be changed, by resolution, as determined necessary, by Borough Council.

§ 170-6 Testing and inspections.

If the Borough has a concern about the outdoor furnace, the Borough may conduct an inspection to determine if the outdoor furnace is being operated and maintained in accordance with the chapter, EPA and/or DEP regulations, or the manufacturer's recommended installation and operating parameters. If it is determined that the owner/operator is violating a provision of the chapter, the Borough may impose an inspection fee in addition to other enforcement remedies contained herein.

Owners shall be required to correct any deviations found as a result of the inspection. Failure to correct such deviations within 30 days shall constitute a violation of this chapter. Owner/operator's refusal to allow the inspection shall result in immediate permit revocation.

§ 170-7 Violations and penalties.

Failure to comply with this chapter shall be considered a violation of the same. In the event of violation and upon conviction thereof, said violator shall pay a fine of no less than $100 and no more than $1,000 or the maximum amount permitted by law, and in default of said payment, to imprisonment for a term not to exceed 90 days. Every day of violation shall constitute a separate violation.