[HISTORY: Adopted by the Borough Council of the Borough of
Auburn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 133.
[Adopted 12-8-1993 by Ord. No. 12/8/1993 (Ch. 7, Part 2, of the 1993
Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
A device constructed to burn coal, wood or other solid fuels,
manufactured for placement within the living area of a structure,
as contrasted with and differentiated from the central heating system
of a structure.
A building permit shall be required for the installation of
a solid-fuel-burning appliance in any structure in the Borough.
Except as to installations into an existing fire place, all
solid-fuel-burning appliances shall be installed and used not less
than 10 feet from an exit door from the room in which it is housed.
Such appliance may not be installed or used at the base of a stairway
or in a closet, pantry or any other similar type of confined space.
Except as to installations into an existing fire place, all
solid-fuel-burning appliances shall be installed in accordance with
the requirements specified in the following:
A.
Clearance.
(1)
There shall be no less than six inches of clearance between the bottom
of the body of the solid-fuel-burning appliance and the floor protection
on which it stands.
(2)
There shall be no less than 18 inches between the outermost part
of the solid-fuel-burning appliance and the wall protection for the
room in which it is housed.
B.
Floor protection.
(1)
All combustible floor covering shall be removed from the floor in
the area which will be covered by a floor protection pad.
(2)
Each solid-fuel-burning appliance shall have under it a floor protection
pad comprised of not less than 1/4 inch thick, covered with no less
than twenty-four-gauge sheet metal. Any noncombustible material may
be used in addition to the requirements listed.
C.
Wall protection. On any wall within 36 inches of a solid-fuel-burning
appliance there shall be mounted asbestos millboard not less than
one inch thick or sheet metal of not less than 28 gauge. There shall
be no more than 1 1/2 inches clearance between the bottom of
the wall protection and the floor. The wall protection shall be mounted
to the wall with noncombustible spacers measuring not less than one
inch. No screws or any type of mounting device may be located directly
behind the appliance.
A.
Height.
(1)
Metal chimneys for such appliances shall extend at least three feet
above the highest point at which the chimney passes through the roof
of the building and must be at least two feet higher than any portion
of the building within 10 feet of the chimney.
(2)
The outlet of a metal chimney equipped with an exhaust may terminate
at a location not less than three feet from an adjacent building or
building opening and must be at least 10 feet above grade or walkways.
The outlet shall be so arranged that the flue gases are directed so
as not to jeopardize people, overheat combustible structures or enter
building openings in the vicinity of the outlet.
(3)
The entire metal chimney and all chimney parts shall be UL listed.
B.
Exterior clearances.
(1)
Exterior metal chimneys used for solid-fuel-burning appliances shall
have a clearance of not less than six inches from a wall constructed
of wood frame or other combustible material.
(2)
An exterior metal chimney shall not be closer than 24 inches to any
door or window, or to any walkway, unless it is insulated or shielded
in a manner which is approved by the Code Enforcement Officer.
C.
Interior clearance.
(1)
Where a metal chimney extends through any story of a building above
that in which the appliance connected to the chimney is installed,
it shall be enclosed in such upper story or stories within a continuous
enclosure constructed of noncombustible materials and extending from
the ceiling of the room in which the appliance is located to or through
the roof so as to maintain the integrity of the fire separations required
by the applicable building code provisions. The walls of that enclosure
shall have a fire-resistance rating of not less than one hour if the
building is less than four stories in height, and not less than two
hours if the building is four stories or more in height.
(2)
The enclosure shall provide a space on all sides of the chimney of
not less than 12 inches so as to admit inspection and repair.
(3)
The enclosure around such chimney shall be without openings, except
that doorways equipped with approved self-closing fire doors at various
floor levels shall be permitted for inspection purposes.
(4)
Where a metal chimney is used for such solid-fuel-burning appliance,
the chimney shall be of twenty-two- to twenty-four-gauge single wall
stovepipe and shall have a clearance of not less than 18 inches from
a wall constructed of wood frame or other combustible material. Each
joint in the chimney shall be secured with sheet metal screws.
(5)
Where a metal chimney used for a solid-fuel-burning appliance passes
through any wall constructed of combustible material, it shall be
equipped with a ventilated metal thimble capable of providing a clearance
no less than 12 inches in diameter larger than the diameter of the
chimney pipe.
(6)
Where a metal chimney used for a solid-fuel-burning appliance passes
through a roof constructed of combustible material, it shall be guarded
by a ventilating thimble of galvanized iron or approved corrosion
resistant metal which shall extend not less than nine inches below
and nine inches above the roof construction and which shall be of
such size as to provide not less than six-inch clearance on all sides
of the chimney. Alternately, the combustible material on the roof
construction shall be cut away so as to provide not less than 18 inches
of clearance on all sides of the chimney with the opening thereafter
to be closed up with noncombustible materials.
(7)
Any metal chimney used for such an appliance shall have not more
than two elbows and shall have a horizontal rise of not less than
1/4 inch per foot.
A.
Masonry or existing chimney to be used for a solid-fuel-burning appliance,
including those to be installed into an existing fire place, shall
be equipped with a flue liner which has been inspected and is in good
repair.
B.
Any masonry or existing chimney to be used for such an appliance
shall not be connected in any way to any other type of ventilation
or any other heat-producing source.
Any person, firm or corporation who shall violate a provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
[Adopted 2-4-2009 by Ord.
No. 2009-1]
A.
This article shall be known and cited as the "Exterior Furnace Ordinance"
of the Borough of Auburn, Schuylkill County, PA.
B.
Residences, commercial and industrial establishments situated within
the Borough are entitled to clean air and environmental circumstances
free of unreasonable dust, obnoxious odors, noxious fumes and smells,
as well as an environment free of stored debris and storage of combustible
fuels in adjacent or exposed exterior areas within densely populated
area.
C.
Research indicates that outdoor fuel-burning appliances cause emission
problems that cross property lines because the smoke stays close to
the ground it can easily reach humans working or playing outdoors
or penetrates neighboring buildings. It also causes problems with
smoke visibility. The low-lying smoke can worsen cardiovascular problems,
such as angina, irritate eyes and lungs, trigger headaches, worsen
respiratory diseases, such as asthma, emphysema and bronchitis.
As used in this article, the terms are defined as follows:
Any device, contrivance or apparatus or any part thereof
which is installed, affixed or situated out-of-doors for the primary
purpose of the combustion of fuel from which heat or energy is derived
and intended to be directed therefrom by conduit or other mechanism
into any interior space for the supply of heat or energy or for any
other purpose, such as heating swimming pools, saunas, etc.
Any contrivance, apparatus or part thereof, including a boiler,
fire box exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe,
exhaust conduit and like devices used for the burning of combustible
fuels for the creation of heat or energy from an exterior location
into an interior location or for any other purpose, such as heating
swimming pools, saunas, etc.
A.
The foregoing shall address permitted locations, installation standards,
fuel limitations and permit fees.
B.
Exterior furnaces or furnace devices are only permitted on parcels
under single ownership no less than five acres in size and only permitted
for a single primary or accessory use on that parcel.
C.
No exterior furnace or furnace device, exterior shall be situated
in any exterior location for the purpose of the combustion of any
fuel for the creation of heat or energy into any interior space and
no such system or component part thereof shall be permitted to be
operated in any zone within the municipality except the A-1 Conservation,
A-2 Agriculture, M-1 Mining and S-1 Special Use Districts.
D.
All outdoor fuel-burning appliances shall be located not less than
50 feet from the nearest adjacent property lines.
E.
Standards for the installation of any exterior furnace device, in
addition to any manufacturer's recommended installation requirements,
shall also require the following:
(1)
Installation upon a nominal six-inch thick permanent, reinforced
concrete pad in such dimension so as to allow a minimum of six inches
of exposed surface area along the perimeter of the pad.
(2)
The height of a smokestack must be a minimum height exceeding four
feet in elevation higher than any adjacent structure, building or
wall that is within 100 feet of the location of the exterior furnace.
The smoke stack must be securely anchored so as to eliminate the possibility
of collapse. The location of the smoke stack must be at least 1.5
times its height from any structure located on any adjacent premises.
(3)
Installation of any electrical or plumbing apparatus or device used
in connection with the operation of an exterior furnace shall be in
conformity with all applicable electrical and plumbing codes and,
in the absence of such code, in conformity with the manufacturer's
installation specifications.
F.
Fuel substances permitted for combustion in an exterior furnace installation
shall be limited to natural gas, propane, and home heating oil, coal
and wood. Fuel substances prohibited for combustion in an exterior
furnace installation shall include industrial waste, treated lumber,
railroad ties, rubber, plastic, used motor oil, toxic chemicals, contaminated
waste, yard waste, household garbage, cardboard and wastepaper, animal
waste and any material prohibited for combustion by federal or state
statute.
G.
No exterior furnace shall be utilized in any manner as a waste incinerator.
H.
To the fullest extent required by federal or state statutes, rules,
regulations and in accordance with the manufacturer's specifications,
the installation, maintenance and use of any exterior furnace or furnace
device, exterior, as herein defined, shall be installed, maintained
and generated in conformity therewith.
I.
This section shall in no way be construed nor is the same intended
to prohibit the installation, operation or use of exterior chimneys,
stove pipes or similar contrivances that are otherwise in conformity
with other federal or state laws, rules or regulations constituting
any part of any interior furnace system or interior stove system or
operation, or any system that provides the exhaust of waste heat,
smoke or similar substances from interior spaces.
J.
The fee for an exterior furnace permit shall be determined by resolution
of the Borough Council to cover the reasonable costs of inspections
and administration of this article.
K.
The above restrictions apply to exterior furnaces constructed or
installed following the enactment of this article.
A.
The storage of all approved fuel sources must be within a fifty-foot
radius of the exterior furnace.
B.
Ashes or waste cannot be accumulated in a large area on the property.
They may be dispersed on the property as long as no accumulation can
be seen (for example, spread in a driveway). Any large accumulation
of ashes or waste must be disposed of weekly with the trash or private
hauler.
C.
All storage of materials being burnt in the outdoor fuel-burning
application shall be neatly stacked and/or stored under cover and
free from insects (termites, ants, etc.) or any type of disease-carrying
rodents.
All outdoor fuel-burning appliances may only be utilized for
the sole purpose of furnishing heat to a residence and/or hot water
during the period of October 1 through April 30 and only if the outdoor
fuel-burning appliance meets the requirements of this article. This
restriction shall only apply to exterior furnaces constructed or installed
following enactment of this article.
If an outdoor fuel-burning appliance is more than 50% torn down,
physically deteriorated or decayed, the appliance must be removed
and/or replaced with a new unit, and the new unit must comply with
all of the regulations listed in this article or as determined as
a result of any Borough inspection.
A.
All outdoor fuel-burning appliances are required to meet emission
standards currently required by the Environmental Protection Agency
(EPA). Emission standards currently required by the EPA are hereby
adopted by reference together with any amendments or medications made
to them in the future.
B.
All outdoor fuel-burning appliances shall be operated and maintained
in strict conformance with the manufacturer's instructions and
the regulations promulgated hereunder shall apply unless the manufacturer's
instructions are stricter, in which case the manufacturer's instructions
shall apply.
C.
Only natural wood, coal, heating oil, natural gas, kerosene or wood
specifically permitted by the manufacturer, in writing, may be burned
in outdoor furnaces. The burning in outside furnaces of processed
wood products and nonwood products, households or other garbage, recyclable
material, rubber tires, railroad ties, leaves, laminated wood, wet
or soggy wood, painted or treated wood and any item not specifically
and in writing permitted by the manufacturer is prohibited.
No exterior furnace shall be located on any property in the
Borough without first obtaining a permit from the Borough's Code
Enforcement Officer upon applications provided to the Borough and
appropriate permit fees paid in full to the Borough.
Any person, firm, association, partnership corporation or entity
that violates any of the provisions of this article shall, upon being
found liable therefor, pay a fine of not more than $600, plus court
costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings. If the penalty is not paid, the Borough
shall initiate a civil action for collection in accordance with the
Pennsylvania Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Schuylkill
County.
