[HISTORY: Adopted by the City Council of the City of Nanticoke 3-18-2009 by Ord. No.
7-2009. Amendments noted where applicable.]
A.
The Constitution of the Commonwealth of Pennsylvania, Article 1,
Section 27, provides, in pertinent part, that "the people shall have
a right to clean air";
B.
In response to the enactment by the Congress of the United States
of the "Clean Air Act," 42 U.S.C. § 7401 et seq., and in
recognition of the mandate of the Constitution of the Commonwealth
of Pennsylvania, the Legislature of the Commonwealth of Pennsylvania
has enacted the "Air Pollution Control Act," Act 1992-95, § 14,
as amended, 35 P.S. § 4011 et seq., which, at § 4012
thereof, provides that a City may enact an ordinance in respect to
air pollution so long as the provisions of such ordinance "will not
be less stringent than the provision of the Air Pollution Control
Act"; and
C.
Studies, reports and advisories prepared by international, national
and state research and regulatory agencies and organizations inquiring
into the effects and impact of the types of fuel used in and the scale
and duration of the emissions produced by outdoor solid fuel furnaces
have been published. The Council, while recognizing the economical
alternatives to conventional heating systems provided by outdoor solid
fuel furnaces, has determined that such appliances may create uncontrolled
offensive emissions of smoke, fumes and odors into the ambient air,
which can be potentially detrimental to the health and safety of the
residents of the City of Nanticoke and can deprive neighboring residents
of the rightful use and enjoyment of their property. Accordingly,
the Council of the City of Nanticoke, upon the enactment of this chapter,
does hereby establish and impose various restrictions upon the installation,
maintenance, use and operation of outdoor solid fuel furnaces within
the City of Nanticoke so that such appliances do not create a private
or public nuisance and, further, for the purpose of securing and promoting
the health, comfort, convenience, safety and welfare of the persons
and property of the residents of the City.
The following words or phrases, as the same are used herein
or as the same appear in the context hereof, unless otherwise indicated,
shall have the following meanings ascribed to them in this chapter:
An outdoor solid fuel furnace and all appurtenances thereto,
including, but not limited to, all equipment and all components necessary
to and used in connection with the installation, maintenance and use
of the outdoor solid fuel furnace.
An appliance that has been constructed, installed, maintained
and used on or before the effective date of this chapter.
An appliance that has been constructed, installed, maintained
and used after the effective date of this chapter.
Any equipment, structure, device or associated apparatus
and related appurtenances which is installed, affixed or situated
outdoors for the primary purpose of the combustion of approved solid
fuels to produce heat or energy by the distribution through pipes
of a fluid heated in the device and used as the primary or secondary
or supplementary heating system, which provides heat for interior
space and/or domestic water within a structure located on residential
premises, and is not located within the structure to be heated or
to be provided with hot water.
Any individual, partnership, corporation, firm, association,
institution, governmental agency or entity, enterprise or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
The minimum horizontal distances between the front right-of-way
line or rear or side lines of any lot or parcel of land. When two
or more lots under one ownership are used, the exterior property line
so grouped shall be used in determining a setback.
A building constructed and used for human habitation, housing
of farm animals, or storage of equipment or materials of whatever
nature.
A.
All existing appliances shall be inspected within 90 days of the
effective date of this chapter to determine compliance with its manufacturer's
installation specifications and use instructions in respect to its
electrical and plumbing equipment and components only. If the existing
appliance is determined as being maintained and used in compliance
with such manufacturer's electrical and plumbing installation
specifications and use instructions, then the existing appliance shall
be registered and recorded in a registry permanently maintained by
the City of Nanticoke. Such registry shall duly and accurately note
the appliance's owner(s), street location, placement of appliance
on the lot of the owner(s), manufacturer, date of installation, date
of inspection, and date of the registration of the appliance. Such
registry shall be available for public inspection upon request.
B.
Any new appliance shall be inspected to determine compliance with its complete manufacturer's installation specifications and use instructions within 30 days of the completion of its installation. If the installation and use of the new appliance are determined to be in full compliance with such complete manufacturer's installation and use instructions, the owner of the new appliance shall be granted a permit as provided by § 275-5 of this chapter.
C.
The location of all new appliances shall be in such place on a parcel
or lot of land as is recommended in their manufacturers' installation
specifications and use instructions in respect to setbacks from the
lots lines of adjoining property owners, but in no event shall any
new appliance be located less than 25 feet from the lot lines of adjoining
property owners.
D.
The only fuels permitted to be burned in an existing appliance or
a new appliance shall be those fuels recommended in its manufacturer's
installation specifications and use instructions.
E.
The residue of the spent fuel used in any outdoor solid fuel furnace
shall not be disposed of in any manner that would constitute a violation
of the rules and regulations of the Pennsylvania Department of Environmental
Protection or the ordinances of the City of Nanticoke. The residue
of spent fuel and any fuel debris shall not be accumulated on the
premises for a period in excess of 90 days.
F.
All appliances shall be operated only between September 1 and May
31, annually, unless the appliance is used as the sole source of residential
interior heat and/or domestic hot water service.
A.
Notwithstanding full compliance with all of the terms and provisions
of this chapter or the grant of a permit for the installation, maintenance
and use of an existing or new appliance or full compliance with all
air quality control and management provisions of any federal, state,
regional or local statutes, ordinances, rules or regulations, the
City of Nanticoke may suspend a permit and declare the existence of
a public nuisance created by emissions from any appliance upon the
grounds that it is necessary to so act to protect the public health,
safety and welfare of the residents of the City of Nanticoke and their
property, if any of the following conditions occur:
(1)
Malodorous air emissions from the appliance are detectable by persons
or the public generally beyond the property of the owner(s) on whose
premises the appliance is located; or
(2)
The emissions from the appliance interfere with the rightful use
and enjoyment of life and property of another; cause severe annoyance
or discomfort; are offensive or objectionable, or all of the foregoing
conditions, to any person who lives within the range of the emissions
from the appliance into the ambient air; or
(3)
The emissions from the appliance cause damage to vegetation or the
property of another person; or
(4)
The emissions from the appliance are or may be harmful to the health
of any person or to the public generally.
B.
Nothing contained in this chapter shall be construed to authorize
any installation, maintenance or use of an appliance that is or becomes
a public or private nuisance, regardless of compliance with the terms
and provisions of this chapter.
C.
This chapter shall not be a defense to any civil claims.
A.
No person or entity shall cause, allow or maintain the installation or use of an appliance without first having it registered as an existing appliance or inspected and having obtained a permit issued by the City of Nanticoke as a new appliance within the periods of time stated in § 275-3 of this chapter.
B.
An application for the registration of an existing appliance or for
a permit for a new appliance or for a permit for any modified or suspended
appliance shall be made to the City of Nanticoke Zoning and Code Enforcement
Officer on forms furnished by the City of Nanticoke. The applicant
shall furnish the following information on the application:
(1)
Name and address of the applicant (owner of appliance) and the property
owner, if the appliance is installed, maintained and used on premises
owned by a person other than the owner of the appliance;
(2)
Legal description of the property;
(3)
A sketch or drawing of the dimensions of the applicant's complete
premises, including locations of all structures thereon and of the
appliance's proposed location relative to adjoining property
lines and the front street, and the distance from all adjoining property
lines measured from the proposed location of the appliance; and
(4)
A copy of the appliance manufacturer's installation specifications
and use instructions.
C.
Prior to the registration of an existing appliance or the issuance of a permit for a new, modified or suspended appliance, the City of Nanticoke Zoning and Code Enforcement Officer shall inspect the appliance and all associated equipment and appurtenances thereto to determine compliance with its manufacturer's installation specifications and use instructions, as provided in §§ 275-3 and 275-5D and E of this chapter. Prior to the registration of an existing appliance or the grant of a permit for a new, modified or suspended appliance, the City of Nanticoke Zoning and Code Enforcement Officer shall issue a written report of such inspection, the original of which shall be maintained as a permanent record of the City of Nanticoke and a copy of which shall be delivered to the owner of such appliance.
D.
In the event that the maintenance and use of an appliance is suspended for any reason whatsoever for a period of 18 consecutive months, such appliance must be inspected by the City of Nanticoke to determine full compliance with all of the manufacturer's installation specifications and use instructions in the manner provided for new appliances in § 275-3 of this chapter. Should such full compliance be determined, a new permit shall be issued in the manner herein provided. A suspended appliance shall be considered as a new appliance hereunder.
E.
In the event that an appliance is modified in any way or for any
reason whatsoever such appliance must be inspected by the City of
Nanticoke to determine full compliance with all of the manufacturer's
installation specifications and use instruction; provided, however,
it is an existing appliance which has not been relocated on the premises,
the manufacturer's installation specifications and use instructions
as to setbacks will not apply. Should such compliance be determined,
a permit shall be issued in the manner herein provided.
F.
All appliances, associated equipment and materials, and fuel used
shall be subject to inspection by the City of Nanticoke Zoning and
Code Enforcement Officer at any reasonable time to assure compliance
with the terms and provisions of this chapter. The City of Nanticoke
Zoning and Code Enforcement Officer is authorized to enforce all provisions
of this chapter. In furtherance of his duty and right to such enforcement,
he may enter upon and inspect any parcel of land for the purpose of
ascertaining compliance with the provisions of this chapter upon the
presentation of his credentials to the occupant of such parcel of
land.
G.
A registration or a permit may be suspended at any time for a violation
by the owner/operator of the appliance and the owner of the premises
to comply with all of the terms and provisions of this chapter or
to protect the public health, safety and welfare of the residents
of the City of Nanticoke.
H.
A suspended registration or a permit may be reinstated when the City
of Nanticoke Zoning and Code Enforcement Officer determines that the
condition(s) which resulted in the suspension is/are remedied and
written reasonable assurances of the owner/operator of the appliance
and the owner of the premises are given that such condition(s) shall
not occur again. Recurrence of a condition which had previously resulted
in the suspension of a registration or a permit shall be considered
as a violation of this chapter and shall be subject to the penalties
provided herein.
Nothing contained herein shall authorize or allow burning within
and emissions from or burning or combustion associated with or generated
by appliances, which acts and conditions are or may in the future
be prohibited by codes, laws, rules or regulations promulgated by
the United States Environmental Agency, Pennsylvania Department of
Environmental Protection, or any other federal, state, regional or
local agency authorized to exercise jurisdiction over air quality
control management. All new appliances and all electrical, plumbing
or associated equipment or appurtenances used in connection with existing
appliances shall be installed, operated and maintained in strict conformity
with the manufacturer's installation specifications and use instructions,
and any and all local, state and federal ordinances, codes, laws,
rules and regulations.
Before commencing any action in the nature of a violation of
this chapter, the City of Nanticoke Zoning and Code Enforcement Officer
shall first give notice to the person charged with violating this
chapter. Such notice shall be in writing and shall be served personally
upon such person or by posting a copy of such written notice on the
premises or attaching a copy of the written notice to each building
or structure on the premises. In addition, a copy of the written notice
shall be sent by United States Postal Service certified mail, return
receipt requested, to the owner of the land, building, structure or
premises in or on which the appliance is located, at the owner's
last known address. The notice shall specify that failure to remedy
the violation within 10 days of the date of the personal service or
12 days from the date of mailing may result in penalties to be levied
against the owner of the premises if the specified violations are
not remedied.
A.
A violation of any provision of this chapter shall constitute a summary
offense and shall be enforced by the commencement of an action before
a Magisterial District Judge in the same manner provided for enforcement
of summary offenses under the applicable provisions of the Pennsylvania
Rules of Court. The Solicitor of the City of Nanticoke may assume
charge of the prosecution of such violations in a manner consistent
with the Pennsylvania Rules of Court relating to trial of summary
cases, as the same may be amended from time to time.
B.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 and all costs of prosecution and, in default of payment of
said fine, shall be subject to imprisonment to the extent allowed
by law for the punishment of summary offenses.[1]
C.
In addition to all other remedies provided herein for violations
of this chapter, the City of Nanticoke shall have the right to proceed
in any court or competent jurisdiction for the purpose of obtaining
an injunction, restraining order, or other appropriate remedy to compel
compliance with the provisions of this chapter.
