[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 of Mount Pocono, Monroe County, Pennsylvania.
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.
A person appointed by the Borough Council to administer and
enforce this chapter.
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.
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.
(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.
