[HISTORY: Adopted by the Borough Council of the Borough of Tyrone 8-11-2008 by Ord. No. 1269. Amendments noted where applicable.]
This chapter is enacted pursuant to the powers granted to the Borough in the Borough Charter.
It is the purpose of this chapter to establish and impose restrictions upon the construction and operation of outdoor furnaces within the limits of the Borough of Tyrone for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Borough and its inhabitants. It is generally recognized that the types of fuel used and the scale and duration of the burning by such furnaces create noxious and hazardous smoke, soot, fumes, odor, air pollution, particles and other products of combustion that can be detrimental to citizens' health and can deprive neighboring residents of the enjoyment of their property or premises.
Smoke emitted from outdoor furnaces, chimneys, smokestacks and/or other sources of smoke as part of building heating systems not meeting the regulations of this chapter shall constitute a nuisance and shall be a danger to the health and general welfare of the citizens of the Borough due to the noxious fumes, reduction in breathable air, and risk to asthmatics and those with allergies.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCEPTABLE FUEL
- All natural wood products (dried and without additives), coal, No. 2 heating oil, agricultural seeds in their natural state and without additives.
- BUILDING HEATING SYSTEMS
- Includes, but is not limited to, an outdoor furnace.
- OUTDOOR FURNACE
- Any equipment, device, apparatus or structure or any part thereof which is installed (excluding preexisting flues for in-home heating systems), affixed or situated outdoors for the purpose of combustion of any type of fuel to produce heat or energy used as a component of a heating system providing heat for an interior space and/or water source.
- UNACCEPTABLE FUEL
- The following types of materials:
- A. Wood that is wet and/or has been painted, varnished or coated with similar material, pressure treated lumber, wood containing preservatives, resins, glue as in plywood, particle board or other composite wood, railroad ties.
- B. Garbage, municipal waste (both as may be defined in applicable ordinances of the Borough) or rubbish, including, but not limited to, food waste, food packaging, food wraps.
- C. Any recycling materials (as defined in applicable ordinances of the Borough), such as plastic materials, including but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
- D. Rubber, including tires or other synthetic rubber-like products, linoleum, asphalt or tarry products (roofing paper or shingles).
- E. Newspaper, cardboard, leaves or any paper with ink or dye and any other items not specifically allowed by the manufacturer or this section.
Outdoor furnaces shall not be placed less than 100 feet from the nearest point of intersection of any other adjacent property owner's structure and shall have a chimney stack, smokestack and/or other source of smoke utilized for the purposes of emitting smoke from a building heating system of a size required pursuant to the manufacturer's specifications. Said chimney stack shall also have a spark arrestor installed on top.
Outdoor furnaces shall not be placed less than 20 feet from the nearest point of intersection of the property line of another property owner.
An area of 20 feet around the outdoor furnace structure shall be free of combustible material, including vegetation, except grass not exceeding four inches in height.
The minimum required lot size for an outdoor furnace is 40,000 square feet.
Outdoor furnaces shall burn only acceptable fuel and shall not burn unacceptable fuel.
Outdoor furnaces and associated installation shall be subject to inspection by the Borough Code Enforcement Officer at any reasonable time to assure compliance with the terms hereof.
Outdoor furnace installation is subject to the permit provisions of the other Borough ordinances including, but not limited to, building code ordinances, including furnishing the following information:
A drawing providing and identifying all of the information necessary to assure compliance herewith, including property lines, location of neighboring properties and structures, height of nearby buildings, etc.
Manufacturer's specifications for the outdoor furnace.
Compliance with all applicable state and federal statutes, including the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency (EPA) and the Underwriter's Laboratory (UL) listing.
Nothing contained herein shall authorize any installation that is a public or private nuisance, regardless of compliance herewith.
This chapter shall not be a defense to any civil claims.
If noncompliance with the provisions of this chapter constitutes a nuisance, or if any condition poses a threat to the health, safety, or welfare of the public, the Police Department or Code Enforcement Officer shall issue a written notice to be served by registered or certified mail upon the owner of said premises, or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
Said notice shall specify the condition complained of and shall require the owner to commence to remove or otherwise rectify the condition as set forth therein within 30 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and, in default of payment, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
This chapter shall not be construed to be retroactive and shall not require the removal of any outdoor furnace or component thereof in existence within the Borough at the effective date of this chapter and not compliant with the setback provisions of this chapter. All outdoor furnaces in existence at the effective date of this chapter shall comply with all other regulations set forth herein within 90 days of the date of enactment of this chapter, including, but not limited to, the erection of a flue or chimney stack of a size required pursuant to the manufacturer's specifications. If an outdoor furnace is more than 50% dismantled, damaged, deteriorated or otherwise reduced to 50% of its original design, any rebuilding or restoration of said outdoor furnace shall comply with the provisions of this chapter.
The Borough Council may grant variances based upon a presentation of unique factors rendering restrictions set forth herein to be both unnecessary for the protection of the public health safety and welfare and impractical or not feasible with which to comply. Such variances, if granted, shall have a term of one year and be automatically renewed in the absence of complaints or other problems. Any such variance granted may contain such provisions as the Borough Council may deem necessary to protect the health, safety and welfare of Borough residents and to prevent a nuisance. Any person granted a variance shall indemnify, defend and hold harmless the Borough from any liability that may arise wholly or partially out of the granting of the variance.