[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:
All natural wood products (dried and without additives),
coal, No. 2 heating oil, agricultural seeds in their natural state
and without additives.
Includes, but is not limited to, an 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.
The following types of materials:
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.
Garbage, municipal waste (both as may be defined in applicable
ordinances of the Borough[1]) or rubbish, including, but not limited to, food waste,
food packaging, food wraps.
Any recycling materials (as defined in applicable ordinances
of the Borough[2]), such as plastic materials, including but not limited
to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics,
plastic films and plastic containers.
Rubber, including tires or other synthetic rubber-like products,
linoleum, asphalt or tarry products (roofing paper or shingles).
Newspaper, cardboard, leaves or any paper with ink or dye and
any other items not specifically allowed by the manufacturer or this
section.
A.
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.
B.
Outdoor furnaces shall not be placed less than 20 feet from the nearest
point of intersection of the property line of another property owner.
C.
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.
D.
The minimum required lot size for an outdoor furnace is 40,000 square
feet.
E.
Outdoor furnaces shall burn only acceptable fuel and shall not burn
unacceptable fuel.
F.
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.
G.
Outdoor furnace installation is subject to the permit provisions
of the other Borough ordinances including, but not limited to, building
code ordinances,[1] including furnishing the following information:
(1)
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.
(2)
Manufacturer's specifications for the outdoor furnace.
(3)
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.
H.
Nothing contained herein shall authorize any installation that is
a public or private nuisance, regardless of compliance herewith.
I.
This chapter shall not be a defense to any civil claims.
A.
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.
B.
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.
