[Ord. 2008-1, 3/25/2008, § 1]
1.
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"; and
2.
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. § 4001 et seq., which, in Section 4012 thereof,
provides that a Township may enact an ordinance(s) in respect to air
pollution, so long as the provisions of such ordinance(s) will not
be less stringent than the provisions of the "Air Pollution Control
Act"; and
3.
The Board of Supervisors of the Township of Kingston has considered
with care certain publications, 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. Upon that basis, the Board of Supervisors,
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 Township and can
deprive neighboring residents of the rightful use and enjoyment of
their property. Accordingly, the Board of Supervisors of the Township
of Kingston, upon the enactment of this part, does hereby establish
and impose various restrictions upon the installation, maintenance,
use, and operation of outdoor solid fuel furnaces within the Township
of Kingston, 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 person and
property of the residents of the Township.
[Ord. 2008-1, 3/25/2008, § 2]
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 meaning(s) ascribed to them in this part:
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, use and maintenance
of the outdoor solid fuel furnace.
An appliance that has been installed, constructed, used and
maintained on or before the effective date of this part.
An appliance that has been installed, constructed, used,
and maintained after the effective date of this part.
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, firm, partnership, corporation, association,
institution, governmental entity or agency, 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 of parcel of land. When two
or more lots under one ownership are used, the exterior property line
so grouped shall be used is determining a setback.
A building constructed and used for human habitation, housing
of farm animals, or storage of equipment or materials of whatever
nature.
[Ord. 2008-1, 3/25/2008, § 3]
1.
All existing appliances shall be inspected within 90 days of the
effective date of this part to determine compliance with the manufacturers'
installation specifications and use instructions in respect to its
electrical and plumbing equipment and components only. If the existing
appliance is determined as being used and maintained in compliance
with such manufacturer's electrical and plumbing installation
specifications and use instructions, the existing appliance shall
be registered and recorded in a registry permanently maintained by
the Township of Kingston. Such registry shall duly and accurately
note the appliance's owner(s), street location, the placement
of the appliance on the lot of the owner, the manufacturer, the date
of installation, the date of inspection, and the date of the registration
of the appliance. Such registry shall be available for public inspection
upon request.
2.
Any new appliance shall be inspected to determine compliance with
its complete manufacturer's installation 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 installations and use instructions,
the owner of the new appliance shall be granted a permit, as provided
in § 705 of this part.
3.
The location of all new appliances shall be in such place on a parcel
or lot of land as is recommended in the manufacturers' installation
specifications and use instructions in respect to setbacks from the
lot 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.
4.
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.
5.
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 Pennsylvania Department of Environmental
Protection or the ordinances of the Township of Kingston. The residue
of spent fuel and any fuel debris shall not be accumulated on the
premises for a period in excess of 90 days.
6.
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.
[Ord. 2008-1, 3/25/2008, § 4]
1.
Notwithstanding full compliance with all of the terms and provisions
of this part 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, or rules and regulations,
the Township of Kingston 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 Township of Kingston and
their property, if any of the following conditions occur:
A.
Malodorous air emissions from the appliance are detectable by persons
or the public generally beyond the property of the owner on whose
premises the appliance is located.
B.
The emissions from the appliance interfere with the rightful use
and enjoyment of life and of property of another or cause severe annoyance
or discomfort or is offensive or is 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.
C.
The emissions from the appliance cause damage to vegetation or the
property of another person.
D.
The emissions from the appliance are or may be harmful to the health
of any person or to the public generally.
2.
Nothing contained in this part shall be construed to authorize any
installation, maintenance, or use of any appliance that is or becomes
a public or private nuisance, regardless of compliance with the terms
and provisions of this part.
3.
This part shall not be a defense to any civil claims.
[Ord. 2008-1, 3/25/2008, § 5]
1.
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
Township of Kingston as a new appliance within the periods of time
stated in § 703 of this part.
2.
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 Township of Kingston Zoning and Code
Enforcement Officer on forms furnished by the Township of Kingston.
The applicant shall furnish the following information on the application:
A.
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.
B.
Legal description of the property.
C.
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 line and the distances from all adjoining
property lines measured from the proposed location of the appliance.
D.
A copy of the appliance manufacturer's installation and specifications
and use instructions.
3.
Prior to the registration of an existing appliance or the issuance of a permit for a new, modified, or suspended appliance, the Township of Kingston 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 § 703 and Subsections 4 and 5 of this Section of this part. Prior to the registration of an existing appliance or the grant of a permit for a new, modified or suspended appliance, such officer shall issue a written report of such inspection; the original of which shall be maintained as a permanent record of the Township of Kingston and a copy thereof shall be delivered to the owner of such appliance.
4.
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 Township of Kingston to determine
full compliance with all of the manufacturer's installation specifications
and use instructions in the manner provided for new appliances in
§ 703 of this part. 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.
5.
In the event that an appliance is modified in any way or for any
reason whatsoever, such appliance must be inspected by the Township
of Kingston to determine full compliance with all of the manufacturer's
installation specifications and use instructions; provided, however,
if it is an existing appliance, which has not been relocated on the
premises, the manufacturer's installation and use instructions
as to setbacks will not apply. Should such compliance be determined,
a permit shall be issued in the manner herein provided.
6.
All appliances, associated equipment and materials and fuel used
shall be subject to inspection by the Township of Kingston Code Enforcement
Officer at any reasonable time to assure compliance with the terms
and provisions of this part. The Township of Kingston Code Enforcement
Officer is authorized to enforce all provisions of this part. 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 part upon the presentation of his credentials
to the occupant(s) of such parcel of land.
7.
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 part or to
protect the public health, safety and welfare of the residents of
the Township of Kingston.
8.
A suspended registration or a permit may be reinstated when the Township
of Kingston 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 has previously resulted in the suspension
of a registration or a permit, shall be considered as a violation
of this part and shall be subject to the penalties provided herein.
9.
The fee for the issuance of permits hereunder shall be the sum of
$40, upon the enactment of this part, and shall be subject to subsequent
amendment from time to time by an ordinance(s) of the Township of
Kingston.
[Ord. 2008-1, 3/25/2008, § 6]
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, the 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 manufacturers' installation specifications
and use instructions and any and all local, state and federal ordinances,
codes, laws, rules and regulations.
[Ord. 2008-1, 3/25/2008, § 7]
Before commencing any action in the nature of a violation of
this part, the Township of Kingston Zoning and Code Enforcement Officer
shall first give notice to the person charged with violating this
part. 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 appliances 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 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.
[Ord. 2008-1, 3/25/2008, § 8]
1.
A violation of any provision of this part shall constitute a summary
offense and shall be enforced by the commencement of an action before
a District justice in the same manner provided for enforcement of
summary offenses under the applicable provisions of the Pennsylvania
Rules of Civil Procedure. The Solicitor of the Township of Kingston
may assume charge of the prosecution of such violations in a manner
consistent with the Pennsylvania Rules of Criminal Procedure relating
to trial of summary cases, as the same may be amended from time to
time.
2.
Any person, who shall violate any provision of this part, shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$500 and all costs of prosecution, and in default of payment of said
fine, be subject to imprisonment to the extent allowed by law for
the punishment of summary offenses.
3.
In addition to all other remedies provided herein for violations
of this part, the Township of Kingston shall have the right to proceed
in any court of competent jurisdiction for the purpose of obtaining
an injunction, restraining order, or other appropriate remedy to compel
compliance with the provisions of this part.
[Ord. 2008-1, 3/25/2008, § 9]
The Township of Kingston, and its agents, officers, officials
and representatives shall not, under any circumstance, be liable or
responsible for damages caused to any person or property by the registration
of or the issuance of any permit under the provisions of this part,
or by reason of the construction, installation, maintenance, or use
of any registered or permitted appliance in compliance with the terms
and provisions of this part. The person who owns or uses and maintains
such registered or permitted appliances shall bear sole liability
for any damages or harm caused as a result thereof. The foregoing
shall be an express condition of the grant of any permit hereunder,
and this statement shall be printed conspicuously on the face of all
such registrations and permits, and the owner shall acknowledge in
writing this notice of the Township's exemption from liability
and the release of the Township therefrom.
[Ord. 2008-1, 3/25/2008, § 10]
The provisions of the Township of Kingston Code of Ordinances,
so far as they are the same as those ordinances and regulations in
force immediately prior to the adoption of this part, are intended
as a continuation of such ordinances and regulations and not as a
new enactment. The provisions of this part shall not affect any suit
or prosecution pending or to be instituted to enforce any of the prior
ordinances or regulations except as otherwise provided by law.
