This chapter may be cited as the "Borough of
Park Ridge Outdoor Wood-Burning Furnace Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
FIREWOOD
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
OUTDOOR FURNACE
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy, used as a component
of a heating system providing heat for any interior space.
OUTDOOR WOOD-BURNING FURNACE
An accessory structure designed and intended, through the
burning of wood or any solid fuel, for the purpose of heating the
principal structure or any other site, building or structure on the
premises. This does not include fireplaces, fire pits, barbecues or
similar structures not designed to heat a structure.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical preservative,
glue, adhesive, stain, paint or other substance.
The construction and operation of outdoor furnaces
and outdoor wood-burning furnaces are hereby prohibited within the
Borough of Park Ridge.
Any outdoor furnaces or outdoor wood-burning
furnaces in existence on the effective date of this chapter shall
be permitted to remain, provided that the owner applies for and receives
a permit from the Borough of Park Ridge Construction Code Office,
on the forms provided, within one year of the effective date of this
chapter. Notwithstanding the fact that any outdoor furnaces or outdoor
wood-burning furnaces in existence on the effective date of this chapter
has one year to receive a permit, any existing outdoor furnaces or
outdoor wood-burning furnaces must comply with the applicable sections
of this chapter within 60 days of the effective date of this chapter.
If the owner of an outdoor furnace or outdoor wood-burning furnace
does not receive a permit within one year of the effective date of
this chapter, the outdoor furnace or outdoor wood-burning furnace
shall be removed. "Existing" or "in existence" shall mean that the
outdoor furnace or outdoor wood-burning furnace is in place on the
premises.
The Construction Code Office shall be and is
hereby designated as the agency to exercise the powers prescribed
by this chapter and to enforce the provisions thereof.
Any person who violates any provision of this
chapter or of the rules and regulations adopted pursuant thereto shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 10 days, or both. Any
subsequent offense shall be punishable by a fine not exceeding $1,000
or by imprisonment for a term not exceeding 30 days, or both. In addition,
any permit issued pursuant to this chapter shall be revoked upon conviction
of a second offense, and the subject outdoor furnace or outdoor wood-burning
furnace shall not be eligible for any future permit. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues. The owners of the subject premises upon which
prohibited acts occur shall be jointly and severally liable for violations
of this chapter. Any fine imposed hereunder shall constitute a lien
upon the real property where the outdoor furnace or outdoor wood-burning
furnace is located until said fines and costs are paid in full.
Nothing contained herein shall authorize or
allow burning which is prohibited by codes, laws, rules or regulations
promulgated by the United States Environmental Protection Agency,
New Jersey State Department of Environmental Protection, or other
federal, state, county, regional or local agency. Outdoor furnaces
or outdoor wood-burning furnaces, and any electrical, plumbing or
other apparatus or device used in connection with an outdoor furnace
or outdoor wood-burning furnace, shall be installed, operated and
maintained in conformity with the manufacturer's specifications and
any and all local, state, county and federal codes, laws, rules and
regulations. In case of a conflict between any provision of this chapter
and any applicable federal, state, county or local ordinances, codes,
laws, rules or regulations, the more restrictive or stringent provision
or requirement shall prevail.
All ordinances or parts of ordinances inconsistent
with this chapter are hereby repealed to the extent of such inconsistency
only.
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision, and the remainder of this chapter shall be deemed valid
and effective.
This chapter shall take effect immediately following
final passage, adoption and publication as provided by law.