[HISTORY: Adopted by the City Council of the City of Oil
City 4-20-2009 by Ord. No. 2764. Amendments noted where applicable.]
The purpose of this chapter is to protect the health and safety
of the general public and to assist in the prevention and control
of air pollution from the use of outdoor wood-fired boilers and similar
wood-burning devices or appliances. Recognizing that these devices
or equipment are becoming more prevalent throughout the country and
in our region, the City of Oil City is enacting this chapter to ensure
the health and safety of both the people that are operating and benefiting
from the use of these outdoor boilers and those that may be exposed
to the detrimental effects of this type of device or equipment.
When used in this chapter or in communications, notices or orders
relative thereto, the following words and phrases shall have the meanings
ascribed to them below:
The City of Oil City.
Seasoned wood that has no paint, stains or other types of
coatings, and wood that has not been treated with any chemical, including
but not limited to copper chromium arsenate, creosote or pentachlorophenol.
The Oil City Code Office, located at City Hall, 21 Seneca
Street, Oil City, Pennsylvania.
The United States Environmental Protection Agency.
A fuel-burning device:
[Amended 2-10-2011 by Ord. No. 2787]
Designed to burn clean wood or other approved solid fuels;
That the manufacturer specifies 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
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 individual, partnership, association, firm, syndicate,
company, trust, corporation, department, authority, bureau, agency,
political subdivision of the commonwealth, law enforcement agency,
firefighting agency, or any other entity recognized by law as the
subject of rights and duties.
Any animal, vegetable or mineral, solid, liquid or gaseous
waste. It includes, but is not limited to, rubbish, garbage, ashes,
construction waste, industrial waste, commercial waste, demolition
waste, agricultural waste, abandoned vehicles and any unwanted or
discarded material. It does not include hazardous waste.
Wood that has been dried for at least six months.
All wood intended to be used as fuel, including but not limited
to trees, cordwood, logs, lumber, sawdust, wood pellets, slabs, bark,
chips, waste pallets and wood from manufacturing processes (butt-offs,
shavings, turnings, sander dust), as well as other solid fuels that
are approved for used by the manufacturer of the OWB. This definition
does not include materials that are chemically treated with any preservative,
paint or oil.
A.
Existing units. Any person that wishes to continue using an OWB installed
prior to the effective date of this chapter must apply for a permit
from the Oil City Code Office within three months of that effective
date. Said permit application shall include:
(1)
Submission of a written application on a form provided by the Code
Office;
(2)
Payment of the permit application fee; this fee shall be waived if
the applicant for the permit submits the permit application within
the three-month period stipulated above;
(3)
An informal plan depicting the location of the OWB in relation to
the facility that it serves and all other occupied or unoccupied structures
within 300 feet of the existing OWB; and
(4)
Information related to the existing height of the smokestack.
B.
New units.
(1)
No person shall install or cause to be installed an OWB after the
effective date of this chapter without first obtaining a permit from
the Code Office. The permit process shall include submission of a
written application on a form provided by the Code Office; a suitable
plan meeting the requirements set forth below; and payment of the
permit application fee established by the City.
(2)
The proposed OWB shall be: a) listed to an appropriate safety standard,
such as Underwriters Laboratory (UL), American National Standards
Institute (ANSI) or the Canadian Standards Association (CAN/CSA);
and b) meet the EPA's Phase 2 (white hang tag) program standards
for air emissions.
(3)
Plans for the location and installation of any outdoor wood boiler
to be installed after the effective date of this chapter shall be
drawn at a scale of one inch equals 20 feet for plot plans and a smaller
scale to be approved by the Code Office for details of boiler components,
and shall include depiction of:
(a)
The legal boundaries of the lot to be served;
(b)
The location of all dwelling(s) and building(s) existing and
proposed on the lot to be served by the outdoor wood boiler and identification
of those to be served by the boiler;
(c)
The locations of all known easements and rights-of-way on the
lot to be served;
(d)
The location of all components of the outdoor wood boiler, including
underground electric lines, fluid lines or ductwork;
(e)
The proposed wood-burner stack height;
(f)
The location of all roads, passways and rights-of-way within
100 feet of the proposed outdoor wood boiler; and
(g)
The location of all dwelling(s) and building(s) existing within
300 feet of the proposed outdoor wood boiler, whether or not on the
lot to be served by the outdoor wood-burning boiler.
(4)
Installation must be completed within six months of the issuance
of the permit.
The requirements set forth in this section are intended to set
forth the minimum criteria that the Code Office believes is required
to protect public health, safety and the environment. Nothing in this
chapter is intended to limit the powers of the Code Office, and it
expressly reserves its right to take further action with respect to
any individual case pursuant to any other applicable federal, state
or local law or regulation.
A.
All new and existing outdoor wood boilers shall be installed and
operated according to the manufacturer's specifications. If,
in the Code Official's opinion, the OWB has been installed or
is being operated in a manner that is not in accordance with the manufacturer's
specifications, he may suspend or revoke the permit until which time
he is satisfied that all necessary corrective action(s) have been
taken by the permit holder.
B.
Any person interested in installing a new outdoor wood boiler shall
obtain from the retailer or other party selling or offering for sale
the new outdoor wood boilers any public education or other pertinent
information in the form of pamphlets, brochures or fact sheets on
the following topics:
C.
No person that is required to obtain a permit under this chapter
shall cause or allow any of the following materials to be burned in
an OWB:
(1)
Any wood that does not meet the definition of clean wood or wood
fuel;
(2)
Refuse;
(3)
Treated wood;
(4)
Plastic products;
(5)
Rubber products;
(6)
Waste petroleum products;
(7)
Paints and paint solvents;
(8)
Coal;
(9)
Glossy or colored paper;
(10)
Particle board; or
(11)
Any other material not intended by a manufacturer for use as
fuel in a solid-fuel-burning device.
D.
No person shall install or cause to be installed any outdoor wood
boiler after the effective date of this chapter: 1) within 25 feet
of the house it is serving or at the minimum recommended by the manufacturer,
whichever is greater; or 2) within 200 feet of any other occupied
structure. This requirement will not apply to outdoor wood boilers
installed prior to the effective date of this chapter.
E.
Smokestack height.
(1)
Existing units. All existing units shall be required to maintain
a smokestack height which is a minimum of 10 feet or maximum of 35
feet. Any existing units that are found not to be in compliance with
this requirement shall have 90 days to modify the smokestack height
to bring the unit into compliance.
(2)
New units. No person shall install or cause to be installed any outdoor
wood boiler after the effective date of this chapter that does not
have a smokestack height which is a minimum of 10 feet or maximum
of 35 feet, except in cases where the Code Office uses its discretionary
powers to provide an exception to these requirements. In any case,
if there is any residence or dwelling within 300 feet of the OWB,
the smokestack shall be required to extend at least two feet beyond
the highest point of that residence or dwelling while still maintaining
the maximum height delineated above.
F.
The operation of any new or existing outdoor wood-burning boiler
may not occur between the dates of May 31 and September 1 of each
calendar year.
G.
The storage of firewood or other wood fuel shall be in accordance
with any other laws and regulations adopted by the City.
H.
At no time after the permit is granted shall an existing or new OWB
unit be modified or reconstructed so as to create a device that provides
safety standards or air emissions that are more adverse to the general
public than the unit that was originally permitted. The City shall
have the right to rescind the permit until corrective action is taken
by the owner to eliminate the problem or problems.
A.
Permit suspension or revocation. The Code Officer may suspend or
revoke any permit issued pursuant to this chapter for any violation
of this chapter, or any other applicable federal, state or local law
or regulation pertaining to OWBs. Such revocation or suspension may
be appealed to the Oil City Code Appeals Board, which will render
a final decision on the revocation and suspension after hearing evidence
from both the Code Office and permit holder.
B.
Noncriminal disposition. This chapter may be enforced by any Oil
City police officer or agent of the Code Office.
C.
Fines and costs. Whoever violates any provision of this chapter shall,
upon conviction thereof in a summary proceeding before a Magisterial
District Judge, be sentenced to pay a fine of up to $300 together
with the costs of prosecution and any fee or fees. Each day that a
violation continues after due notice has been served shall be deemed
a separate offense.
