[HISTORY: Adopted by the Borough Council of the Borough of Mount Pocono 3-3-2008 by Ord. No. 2-2008. Amendments noted where applicable.]
This chapter shall be known as the "Outdoor Fired Burner, Boiler and/or Furnace Ordinance."
The Borough Council of the Borough of Mount Pocono finds and determines as follows:
A. 
Whereas pollution of the air is detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the Borough of Mount Pocono, the Borough hereby declares it to be the policy of the Borough of Mount Pocono to safeguard the citizens of the Borough of Mount Pocono from air pollution.
B. 
All outdoor burning is strictly regulated because of the adverse effects to the environment and the detrimental impact on the health, safety and general welfare of the population.
As used in this chapter, the following terms shall have the meanings indicated, unless the context clearly indicates that a different meaning is intended:
BOROUGH
Borough of Mount Pocono, Monroe County, Pennsylvania.
CLEAN WOOD
Wood that has no paint, stains, or other types of coatings and wood that has not been treated with substances, including but not limited to copper arsenate, creosote, or pentachlorophenol, and wood pellets made from clean wood.
CODE ENFORCEMENT OFFICER
A person appointed by the Borough Council to administer and enforce this chapter.
OUTDOOR FIRED BURNER, BOILER AND/OR FURNACE
Fuel-burning devices designed to burn wood or other approved solid fuels that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages) and that heat building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.
PERSON
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
A. 
Any person desiring to install an outdoor fired burner, boiler and/or furnace within the Borough shall obtain a permit from the Code Enforcement Officer. The applicant for such a permit shall:
(1) 
Present a plan showing all property lines, the locations of all dwellings or occupied buildings on adjoining properties, and the proposed location of the outdoor fired burners, boilers and/or furnaces. The minimum lot area of the lot on which the outdoor fired burners, boilers and/or furnaces may be located is three acres.
(2) 
Locate the outdoor fired burner, boiler and/or furnace at least 1,000 feet from any occupied structure not located on the lot on which the outdoor fired burner, boiler and/or furnace will be located.
(3) 
Locate the outdoor fired burner, boiler and/or furnace at least 300 feet from all property lines.
(4) 
Present evidence that the applicant has obtained a permit for the proposed outdoor fired burner, boiler and/or furnace.
(5) 
Present evidence that the applicant has obtained a Uniform Construction Code[1] permit for the installation of the outdoor fired burner, boiler and/or furnace and its connection to the mechanical system of the structure it will serve.
[1]
Editor's Note: See Ch. 78, Construction Codes, Uniform.
(6) 
Demonstrate that the chimney of the outdoor fired burner, boiler and/or furnace is no less than the manufacturer's specifications in height or five feet in excess of the height of any occupied structure within 300 feet not located on the lot on which the outdoor fired burner, boiler and/or furnace will be located.
(7) 
Provide a copy of the manufacturer's specifications and instructions, which applicant agrees to comply with and will not alter at any time.
(8) 
Demonstrate that the outdoor fired burner, boiler and/or furnace has been laboratory tested and listed to appropriate safety standards such as UL (Underwriters Laboratories) or ANSI (American National Standards Institute) standards.
B. 
The application shall be signed by all owners of the lot on which the outdoor fired burner, boiler and/or furnace will be located and the contractor installing the outdoor fired burner, boiler and/or furnace.
Each person who owns a lot on which an outdoor fired burner, boiler and/or furnace is located and each person who occupies a lot on which an outdoor fired burner, boiler and/or furnace is located shall be responsible for ensuring that the outdoor fired burner, boiler and/or furnace is operated in accordance with all requirements of this section.
A. 
The only substances that may be burned in an outdoor fired burner, boiler and/or furnace are clean substances which are approved for the unit.
B. 
No person shall burn any of the following in an outdoor fired burner, boiler and/or furnace:
(1) 
Any wood that does not meet the definition of clean wood.
(2) 
Tires.
(3) 
Lawn clippings or yard waste.
(4) 
Materials containing plastic.
(5) 
Materials containing rubber.
(6) 
Waste petroleum products.
(7) 
Paints and paint thinners.
(8) 
Any type of paper.
(9) 
Construction and demolition debris.
(10) 
Plywood.
(11) 
Particleboard.
(12) 
Salt water driftwood.
(13) 
Manure.
(14) 
Animal carcasses.
(15) 
Asphalt products.
(16) 
Used cooking oils.
C. 
The outdoor fired burner, boiler and/or furnace shall at all times be operated and maintained in accordance with the manufacturer's specifications.
D. 
The outdoor fired burner, boiler and/or furnace shall be maintained and operated in compliance with all emissions of air quality standards promulgated by the U.S. Environmental Protection Agency or other relevant state or federal agency having jurisdiction.
E. 
The emissions from the outdoor fired burner, boiler and/or furnace shall not be detectable beyond the lot on which the outdoor fired burner, boiler and/or furnace is located and shall not interfere with the reasonable enjoyment of life or property of neighbors, cause damage to vegetation or property of neighbors, or be harmful to human or animal health.
F. 
The outdoor fired burner, boiler and/or furnace shall not be operated before October 1 or after April 30 of each calendar year.
G. 
Commencing upon the effective date of this chapter, prior to August 1 of each calendar year, the owner of the lot upon which an outdoor fired burner, boiler and/or furnace is located shall apply for an operating permit which shall be valid for the period from September 1 through August 31 of the following calendar year. The owner shall pay all fees imposed by the Borough for the application for such operating permit and for the inspection of the outdoor fired burner, boiler and/or furnace to be determined to be in compliance with this chapter.
Any person who shall violate any provision of this chapter shall, upon conviction thereof in an action brought in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not less than $100 and not more than $1,000, plus costs. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
The Borough, and its agents, officials and representatives, shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the issuance of any permit under the provisions of this chapter or by reason of the conduct of any burning activity in compliance with the terms and provisions of this chapter. The person or party responsible for any such fire shall bear sole liability for any damages caused as a result thereof.
In the event that any provision, section, sentence, clause or part of this chapter shall be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this chapter, it being the intent of the Borough Council that the remainder of this chapter shall be and shall remain in full force and effect.