Chapter 248: Fuel-Burning Appliances, Outdoor

§ 248-1 Purpose and scope.

Residences, commercial and industrial establishments situated within the Borough are entitled to clean air and environmental circumstances free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well as an environment free of stored debris and storage of combustible fuels in adjacent or exposed exterior areas within densely populated area.

Outdoor fuel-burning appliances may cause emission problems that cross property lines because the smoke stays close to the ground; it can easily reach humans working or playing outdoors or penetrates neighboring buildings. It also causes problems with smoke visibility. The low-lying smoke can worsen cardiovascular problems such as angina, irritate eyes and lungs, trigger headaches, worsen respiratory diseases such as asthma, emphysema and bronchitis.

§ 248-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CHIMNEY

Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid-fuel-fired outdoor heating device, especially that part of such structures extending above a roof.

OUTDOOR FUEL-BURNING APPLIANCE

A device including any furnace, stove or boiler designed and constructed to burn oil, wood, coal or other fuels manufactured for placement outdoors for the heating of the living area of a structure.

§ 248-3 Regulations for new outdoor fuel-burning appliances.

Any new outdoor fuel-burning appliance must have or meet the following:

(1)

The chimney shall extend at least two feet above the peak of any residence not served by an outdoor fuel-burning appliance located within 300 feet of such chimney.

(2)

If there is an existing outdoor fuel-burning appliance already installed and there is new construction of a residence not served by an outdoor fuel-burning appliance within 300 feet of such existing outdoor fuel-burning appliance, then the owner of such appliance shall conform to the stack height requirements of this regulation within 30 days of the date this construction is complete and upon written notice from the Borough through its Police Department or Code Enforcement Officer.

(3)

Be located not less than 100 feet from any property line.

All outdoor fuel-burning appliances are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference together with any amendments or modifications made to them in the future.

All outdoor fuel-burning appliances shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instruction shall apply.

The owner of the outdoor fuel-burning appliance shall produce the manufacturer's instructions for all devices that do not conform to the requirements of this chapter.

No homemade outdoor fuel-burning appliances will be allowed.

Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer in writing may be burned in outdoor furnaces. The burning in outside furnaces or processed wood products and non-wood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves, laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and in writing permitted by the manufacturer is prohibited.

A permit must be acquired prior to the installation of any outdoor furnace appliance, and an inspection completed prior to the operation of subject appliance. The permit fee is $75 and the inspection will be completed by the Borough Code Enforcement officer, a Borough employee or its designee.

Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example; spread in a driveway) Any large accumulation of ashes or waste must be disposed of weekly with your trash.

All outdoor fuel-burning appliances may only be utilized for the sole purpose of furnishing heat to a residence and hot water during the period of October 1 through April 30; and only if the outdoor fuel-burning appliance meets the requirements of this chapter.

If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, the appliance must be removed and/or replaced with a new unit.

All storage of materials being burnt in the outdoor fuel-burning appliance shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.

§ 248-4 Regulations for existing outdoor fuel-burning appliances.

All outdoor fuel-burning appliances shall be operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.

All outdoor fuel-burning appliances in existence at the effective date of this chapter shall have or must erect a safe flue or chimney which shall extend at least two feet above the peak of any residences not served by any outdoor fuel burning appliance located within 300 feet of such chimney.

Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer in writing may be burned in outdoor furnaces. The burning in outside furnaces or processed wood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves, laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and in writing permitted by the manufacturer is prohibited.

All outdoor fuel-burning appliances may only be utilized for the sole purpose of furnishing heat to a residence and hot water during the period of October 1 through April 30, and only if the outdoor fuel-burning appliances meets the requirements of this chapter.

If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, the appliance must be removed and/or replaced with a new unit and the new unit must comply with all of the regulations listed in § 248-3 of this chapter.

§ 248-5 Enforcement.

It shall be the duty of the Borough Police Department and/or the Code Enforcement Officer to enforce the terms of this chapter and secure compliance with requirements thereof.

§ 248-6 Violations and penalties.

Any persons, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 nor more than $600 and in default of payment of said fine, to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.

§ 248-7 Application for appeal.

Any person directly affected by a decision of the Borough Code Enforcement officer, Borough employee or designee who makes a determination pursuant to the terms of this chapter shall have the right to appeal to Borough Council, provided that a written application for appeal is filed within 20 days after the day the decision is made, notice or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means. The Borough Council will be permitted to grant a modification or variance from the terms of this chapter provided that the person filing the appeal can prove that the true intent of this chapter will be followed by granting the modification or variance. Any person filing an appeal must pay an appeal fee to the Borough Council as set by Borough Council. If no fee is set by resolution, the fee shall be the same as the fee for applying to the Zoning Hearing Board of the Borough for a variance.

Criteria for variances. In making this determination, the Borough Council shall take into consideration the benefit to the applicant if the variance is granted, as weighted against the detriment of the neighborhood or community by such grant. In making such determination, the Board shall also consider:

(1)

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance;

(2)

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance;

(3)

Whether the requested variance is substantial;

(4)

Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Borough Council, but shall not necessarily preclude the granting of the variance.