[HISTORY: Adopted by the Board of Commissioners of the Township
of Hatfield 5-12-2010 by Ord. No. 602. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 282.
This chapter shall be known as the "Hatfield Township Outdoor
Solid-Fuel-Burning Appliance Ordinance."
No person shall cause, allow or maintain the use of an outdoor
solid-fuel-burning appliance (OSFA) within Hatfield Township unless
said appliance is set back a distance of 100 feet from all property
lines.
A.
No person shall cause, allow or maintain the use of an outdoor solid-fuel-burning
appliance on any lot within Hatfield Township without having first
obtained a permit from the Township Code Department with the approval
of the Township Fire Marshal.
B.
Permit procedure.
(1)
Every applicant for an OSFA permit shall file an application with
the Code Department of Licenses and Inspections on a form approved
by the Board of Commissioners.
(2)
Such application shall be accompanied by a fee in an amount fixed
by resolution of the Board of Commissioners, which fee may be adjusted
from time to time by further resolution of the Board.
(3)
Every applicant shall demonstrate as part of the OSFA application
that the OSFA will be installed, operated and maintained in accordance
with the regulations set forth in this chapter by submission of a
site plan indicating the location of the proposed OSFA in relation
to all property lines, other buildings and structures on the applicant's
property and the separation distance between the OSFA and all other
buildings and structures on the applicant's property, all neighboring
residences within 100 feet, all roads adjacent to the property, and
all woods, brush and flammable structures. Such plan shall be prepared
by a licensed land surveyor or professional engineer.
(4)
Every applicant for an OSFA permit shall demonstrate to the satisfaction
of the Code Department and the Fire Marshal that the applicant understands
the regulations set forth in this chapter and the requirements for
the proper installation and operation of the proposed OSFA. Demonstration
of such understanding shall, at a minimum, be accomplished by submission
of the manufacturer's installation and operation instructions.
(5)
The OSFA application shall provide the following information:
(a)
A description of the applicant's property, by lot, block,
tract, or street address, or similar description to identify the property;
(b)
The name and address of the applicant and, if the applicant
is not the property owner, the name and address of the owner;
(c)
The proposed location of the OSFA on the subject property;
(6)
The Code Department shall forward the OSFA application to the Township
Fire Marshal for review. Following review of the application and inspection
of the subject property, the Fire Marshal shall approve or disapprove
the application and return the application to the Code Department,
whereupon the Department shall either issue the OSFA permit to the
applicant or notify the applicant in writing that the application
has been denied.
(7)
All applications for an OSFA permit must be accompanied by an insurance
certificate providing liability insurance in an amount not less than
$100,000 in general liability coverage from the owner of the property.
(8)
Permits issued in accordance with this chapter, and any renewal of
permits issued hereunder, must be signed by the Director of the Code
Department and shall be prominently displayed on the OSFA for which
the permit is issued in a sealed and watertight manner so as to protect
the permit from denigration by the weather, rain or other elements.
(9)
An OSFA permit shall be granted for a period of 365 days, upon proper
submission of the required application and supporting documentation
as provided herein, and shall be renewable on an annual basis. Any
person to whom an OSFA permit is issued in accordance with this chapter
shall submit a renewal application no later than 30 days prior to
the expiration of the initial or renewed permit. No renewal application
shall be granted, nor shall a renewal permit be issued, unless approved
by the Fire Marshal after inspection of the OSFA and the applicant's
property. All renewal applications shall be accompanied by a renewal
fee in an amount fixed by resolution of the Board of Commissioners,
which fee may be adjusted from time to time by further resolution
of the Board.
(10)
Any appeal from a determination by the Code Department with
respect to an OSFA application or renewal application shall be made
to the Appeals Board in accordance with the procedures provided for
appeals to such Board.
Every OSFA installed within Hatfield Township shall meet the
following requirements:
A.
No OSFA shall be installed within 30 feet of the building for which
the OSFA is supplying heat.
B.
Each OSFA must be installed and operated so as to comply with any
and all applicable federal, state or local air quality control or
environmental standards.
D.
Only seasoned, untreated fuel shall be burned in any OSFA authorized
pursuant to this chapter.
E.
Any OSFA installed and in use prior to the effective date of this
chapter shall be subject to the regulations set forth herein. The
owner of any such OSFA shall apply for a permit within 30 days of
the effective date of this chapter and shall bring the existing OSFA
into compliance with the regulations set forth herein prior to issuance
of a permit for such use. In the event that the application for such
use is denied, the owner of the OSFA shall cease use of the unit immediately
upon notice of such denial and shall dismantle the unit within 10
days of such notice.
A.
Any person who shall install and/or use an OSFA in violation of this
chapter shall, upon conviction before a Magisterial District Judge,
be sentenced to pay a fine not exceeding $1,000, together with the
cost of prosecution, and, upon default from the payment thereof, may
be sentenced to undergo imprisonment for a period not exceeding 30
days. Each day in which a violation shall continue after due notice
to the property owner shall be deemed a separate offense, punishable
by the terms and conditions provided under this section.
B.
The Code Department of Hatfield Township is duly empowered to enforce
the terms, conditions and provisions of this chapter.
