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.
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.
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.