[HISTORY: Adopted by the Board of Supervisors of the Township of Doylestown 12-20-2011 by Ord. No. 364. Amendments noted where applicable.]
Fire prevention — See Ch.94.
This chapter is enacted pursuant to the provisions of the Pennsylvania Second Class Township Code.
The Board of Supervisors has determined that air pollution from outdoor wood-fired boilers may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of Doylestown Township and it is hereby declared to be the policy of Doylestown Township to safeguard the citizens of the Township from air pollution.
Outdoor wood-fired boilers may be erected, altered, maintained, used or moved only when done in accordance with the provisions of these regulations and any other applicable Township ordinances and regulations.
No persons shall install, construct, modify the construction/installation of an outdoor wood-fired boiler for any building or structure without first obtaining all required permits from the Township.
The requirements as set forth in this section do not apply to the following:
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances;
Burning in a stove, furnace, fireplace or other heating device within a building or structure used for human or animal habitation; and/or
The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
As used in this chapter, the following terms shall have the meanings indicated:
- Air Pollution Control Act.
- CLEAN WOOD
- Natural wood that has no paint, stains, or other types of coatings, and natural wood that has not been treated with, including but not limited to, copper, chromium arsenate, creosote, or pentachlorophenol.
- EPA PHASE 2 OUTDOOR WOOD-FIRED BOILER
- An outdoor wood-fired boiler that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is identified with the proper qualifying label and white hangtag.
- OUTDOOR WOOD-FIRED BOILER (OWB)
- Also known as "outdoor hydronic heaters," "outdoor wood-fired furnaces," "outdoor wood-burning appliances" or "water stoves," etc. A fuel-burning device:
- A. Designed to burn clean wood or other approved solid fuels;
- B. That the manufacturer specifies for outdoor installation or for installation in structures not normally intended for habitation or domestic animals, including structures such as garages and sheds; and
- C. Which heats building space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
- Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor wood-fired boiler.
Unless specific written approval has been obtained from the PA Department of Environmental Protection (PA DEP), the following materials may not be burned in the Township under any circumstances:
Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, demolition debris or other household or business wastes.
Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to applicable PA DEP regulations.
Asphalt and products containing asphalt.
Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, films and containers.
Rubber including tires and synthetic rubber-like products.
Any material that is not recommended for burning by the manufacturer of the appliance.
Newspaper, cardboard, or any paper with ink or dye products.
Lawn clippings or yard waste.
Any hazardous waste.
An appliance shall not be used to burn any of the prohibited materials listed above. Fuel burned in any new or existing outdoor wood-fired boiler shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions such as home heating oil, natural gas or propane, or that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers.
No person shall install an outdoor wood-furred boiler that is not an EPA Phase 2 outdoor wood-fired boiler, or the most current as adopted and/or recommended by PA Department of Environmental Protection.
Any outdoor wood-fired boilers shall be located on a lot of not less than three acres and shall be not less than 150 feet from any lot line or no closer to the lot line than recommended by the manufacturer, whichever is greater.
An appliance shall not be permitted within the front yard area or at the front of the building. For the purposes of this subsection, the term "the front of the building" shall be that area between lines extending perpendicular from the front corners of the building footprint at its widest points to the street line along the front of the building.
Stack height. No person shall install an outdoor wood-fired boiler unless it has a permanent attached stack with a minimum stack height of 20 feet above the ground or meets the requirements of "general engineering practice" as defined in 40 CFR § 51.100 and EPA Report 450/4-80/023R, as amended, "Guideline for determination of good engineering practice stack height," whichever is taller.
No person shall use or operate a new or existing outdoor wood-fired boiler unless it complies with all existing state and local regulations. Some regulations of this Commonwealth that could apply include:
Prohibition of Air Pollution, 25 Pa. Code § 121.7.
Fugitive Emissions, 25 Pa. Code § 123.1.
Odor Emissions, 25 Pa. Code § 123.31.
Visible Emissions, 25 Pa. Code § 123.41.
Unlawful Conduct, Section 8 of the APCA, 35 P.S. § 4008.
Public Nuisances, Section 13 of the APCA, 35 P.S. § 4013.
All appliances shall be installed, operated and maintained in strict compliance with the manufacturers' instructions and guidelines for the said appliance. In the event that a conflict arises between the manufacturer's instructions and regulations, and the regulations contained in this chapter, the stricter instructions or regulations shall apply.
All ashes or waste may be disbursed on the property where the appliance is located. Any large accumulation of ashes or waste must be disposed of in a manner approved by Doylestown Township and/or the Pennsylvania Department of Environmental Protection.
All appliances shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure pursuant to a permit issued hereunder, including residential swimming pools.
Outdoor wood-fired boilers shall be operated only between September 1 and June 15 of each year.
Spark arrestors. All outdoor wood-fired boilers shall be equipped with properly functioning spark arrestors.
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.
Standards for installation shall also require the outdoor wood-fired boilers be installed upon a nominal six-inch thick permanent, reinforced cement pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad.
All stacks or chimneys must be constructed to withstand high winds or other related elements.
The use of lighter fluids, gasoline or chemicals to start the furnace is prohibited.
The appliance shall be located on a property with due consideration to prevailing wind conditions.
Permits. A permit shall be secured prior to the erection, structural repair, alteration and relocation of any outdoor wood-fired boiler within the Township. For purposes of obtaining a building permit, the applicant shall make application in writing and shall submit the following: name and address of the owner, name and address of the applicant; a plot plan (1/8 inch per foot or greater) showing the location of the lot, building and proposed outdoor wood-fired boiler in relation to each public right-of-way, building and driveway; and construction plans, including all pertinent engineering data to the Code Enforcement Officer. The plot plan shall indicate all existing structures.
Fees and deposits. Permit fees and escrow deposit amounts, as required herein, shall be set by resolution of the Board of Supervisors.
Any existing noncomplying outdoor wood-fired boiler shall be removed, replaced or modified within a period of 60 days from the receipt of a notice generated from the Code Enforcement Officer.
In the event that the appliance is damaged more than 50%, or it is physically deteriorated or decayed, the said appliance must be removed and/or replaced with a new unit within 60 days of the date that notice is received from the Township of Doylestown. In such event, all provisions of this chapter, including but not limited to permitting procedures, shall be complied with.
Any resident who has secured a permit to install an outdoor wood-fired boiler in so doing will also be agreeing to allow the Township Code Enforcement Officer or any other person designated by the Township to inspect the furnace if a written complaint is filed relative to a violation of this Ordinance.
The Township reserves the right to suspend the use of all outdoor wood-fired boilers if weather conditions warrant, based upon air quality warnings which may be issued by monitoring agencies.
Upon sale or transfer of any real property, the permit shall be renewed after reapplication. All appliances not meeting applicable emissions, setback or chimney height requirements shall be repaired, replaced, removed or rendered permanently inoperable.
A person utilizing or maintaining an outdoors wood-fired boiler shall be responsible for all fire suppression costs and any other liability resulting from damage caused by fire.
A violation of this chapter or of any order issued by Doylestown Township under this chapter shall constitute a public nuisance. The Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 98-9. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this chapter or to fail to comply with any order or other requirement of the Township; or to cause a public nuisance; or to hinder, obstruct, prevent, or interfere with the Township or its personnel in their performance of any duty hereunder, including denying the Code Enforcement Officer access to the source of facility.
The Code Enforcement Officer, or his/her designee, is authorized to enforce this chapter.
If the Code Enforcement Officer, or his/her designee, finds that any provision of this chapter is being violated, he/she shall provide notification in writing to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it.
If the violation is not corrected within the time specified, the Code Enforcement Officer, or his/her designee, may order repairs or removal of the outdoor wood-fired boiler and its supporting structure judged dangerous, in disrepair or in violation of this chapter; may revoke the certificate of compliance and/or may seek penalties and injunctive relief.
Violation of any provision of this chapter or any lawful order relating to this chapter by the Code Enforcement Officer or his/her designee shall be subject to a fine of not more than $500 per offense as determined by the District Justice. Each day that the violation continues is a separate violation. In the event that Doylestown Township incurs any expense in the enforcement of this chapter, including but not limited to court costs and attorney's fees, the Township shall be entitled to collect such costs from the violator. Any penalties or costs assessed shall be payable to Doylestown Township.
Any person aggrieved by a decision of the Code Enforcement Officer, or his/her designee, may appeal to the Board of Supervisors within 30 days. The Board of Supervisors has the authority to interpret the provisions of the chapter which are called into question and to waive the standards included in this chapter when a literal enforcement of the provisions of this chapter would result in the applicant's inability to reasonably utilize an outdoor wood-fired boiler.