This chapter shall be known and may be cited as the "Borough
of Slippery Rock Outdoor Wood-Fired Boiler Ordinance."
The Council of the Borough of Slippery Rock, under and by virtue
of and pursuant to the authority granted by the Borough Code, 8 Pa.C.S.A.
§ 101 et seq., does hereby enact and ordain this chapter.
This chapter applies to the installation and use of all outdoor
wood-fired boilers within the Borough of Slippery Rock.
A. This chapter does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B. This chapter does not apply to burning in a stove, furnace, fireplace
or other heating device within a building used for human or animal
habitation.
C. This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
The Council of the Borough of Slippery Rock has determined that
air pollution from outdoor wood-fired boilers may be detrimental to
the health, comfort, living conditions, use and enjoyment of property,
welfare, and safety of the citizens of the Borough. It is hereby declared
to be the policy of the Borough to safeguard the citizens of the Borough
from such nuisance.
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
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.
COUNCIL
The governing body of the Borough of Slippery Rock.
EPA
United States Environmental Protection Agency.
OUTDOOR WOOD-FIRED BOILER
Also known as "outdoor wood-fired furnaces," "outdoor wood-burning
appliances," or "outdoor hydronic heaters," "water stoves," etc. A
fuel-burning device:
A.
Designed to burn clean wood or other approved solid fuels;
B.
Specified by the manufacturer for outdoor installation or for
installation in structures not normally intended for habitation by
humans or domestic animals, including structures such as garages and
sheds; and
C.
Designed to heat 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.
PERSON
Any individual, public or private corporation, for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
PHASE 2 OUTDOOR WOOD-FIRED BOILER
An outdoor wood-fired boiler that has been certified or qualified
by EPA as meeting a particulate matter emission limit of 0.32 pound
per million British thermal units (BTU) output and is labeled accordingly.
Phase 2 outdoor wood-fired boiler models are identified with a white
hang tag.
RESPONSIBLE OFFICIAL
The person designated by the Borough Council to be responsible
for the administration and enforcement of this chapter.
STACK
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a wood-fired boiler or furnace, especially
that part of a structure extending above a roof.
On or after the effective date of this chapter, an outdoor wood-fired
boiler may be installed, used or operated in the Borough of Slippery
Rock only in accordance with the following provisions:
A. Particulate standard requirements for new outdoor wood-fired boilers.
No person shall install an outdoor wood-fired boiler that is not a
Phase 2 outdoor wood-fired boiler.
B. Setback requirements for new outdoor wood-fired boilers. No person
shall install an outdoor wood-fired boiler unless it is installed
at least 150 feet from the nearest property line.
C. Stack height requirements for new outdoor wood-fired boilers. No
person shall install an outdoor wood-fired boiler unless it has a
permanent attached stack with a minimum stack height of 10 feet above
the ground.
D. Fuel requirements for new and existing outdoor wood-fired boilers.
No person that operates a new or existing outdoor wood-fired boiler
shall use a fuel other than the following:
(2) Wood pellets made from clean wood.
(3) Home heating oil, natural gas, or propane that complies with all
applicable sulfur limits and is used as a starter or supplemental
fuel for dual-fired outdoor wood-fired boilers.
E. Prohibited fuels for new and existing outdoor wood-fired boilers.
No person shall burn any of the following items in an outdoor wood-fired
boiler:
(1) Any material not listed in Subsection
D.
(6) Lawn clippings or yard waste.
(7) Material containing plastic.
(8) Material containing rubber.
(9) Waste petroleum products.
(10)
Paints and paint thinners.
(15)
Construction and demolition debris.
F. Prohibition of operation for new and existing outdoor wood-fired
boilers. No person shall use or operate a new or existing outdoor
wood-fired boiler between the dates of May 1 and September 30.
G. Prohibition in certain zoning districts. The use of outdoor wood-fired boilers may be restricted in certain zoning districts within the Borough of Slippery Rock as specified in Chapter
375, Zoning, as amended and codified.
Any person who violates any provision of this chapter commits
a summary offense and shall, upon conviction, be sentenced to pay
a fine of not less than $100 nor more than $2,500 for each separate
offense and, in default of the payment of such fine, may be sentenced
to imprisonment for 90 days for each separate offense. Employees of
the Borough of Slippery Rock authorized to conduct inspections or
investigations are hereby declared to be law enforcement officers
authorized to issue or file citations for summary violations under
this chapter, and the Borough's counsel is hereby authorized
to prosecute these offenses. For purposes of this section, a summary
offense may be prosecuted before any Magisterial District Judge in
the Borough of Slippery Rock. There is no accelerated rehabilitative
disposition authorized for a summary offense.
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 notice of violation of the Borough of Slippery
Rock. It shall also be unlawful to hinder, obstruct, prevent, or interfere
with the Borough of Slippery Rock or its personnel in their performance
of any duty hereunder, including denying the responsible officer access
to the source or facility.
A violation of this chapter shall constitute a public nuisance. The Borough of Slippery Rock shall have the authority to require any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough of Slippery Rock may recover the expenses of abatement following the process for assessment and collection of civil penalty contained in §
200-10. Whenever the nuisance is maintained or continued contrary to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes a public nuisance shall be liable for the cost of abatement.