This chapter shall be known and may be cited as the "Pocono
Township Outdoor Furnace Ordinance."
The purpose of this chapter is to protect and promote the health,
safety and general welfare of the citizens of Pocono Township and
the public at large by regulating outdoor furnaces to minimize their
public health effect and environmental impacts, and to abate public
nuisances associated with the same.
This chapter is ordained and enacted under the authority granted
by the First Class Township Code, 53 P.S. § 55101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
CHIMNEY
A flue (or flues) that carries off exhaust from an outdoor
furnace firebox or burn chamber.
CHIMNEY HEIGHT
The distance between the top of the chimney and the bottommost
part of the furnace to which it is attached.
ENFORCEMENT OFFICER
The individual(s), agency or firm appointed by the Pocono
Township Board of Commissioners to enforce the provisions of this
chapter.
EPA OWHH PHASE 1 PROGRAM
EPA OWHH (Wood-fired Hydronic Heater Program) Phase 1 Program
administered by the United States Environmental Protection Agency.
EPA OWHH PHASE 1 PROGRAM QUALIFIED MODEL
An outdoor wood-fired hydronic heater that has been EPA OWHH
Phase 1 Program qualified. The model has met the EPA OWHH Phase 1
emission level and has the proper qualifying label and hang tag.
EXISTING OUTDOOR FURNACE
An outdoor furnace that was purchased and installed prior
to the effective date of this chapter.
NATURAL WOOD
Wood, which has not been painted, varnished or coated with
a similar material, has not been pressure-treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
NEW OUTDOOR FURNACE
An outdoor furnace that is installed, established or constructed
after the effective date of this chapter.
OUTDOOR FURNACE
Any equipment, device, appliance or apparatus, or any part
thereof, which is installed, affixed or situated outdoors for the
primary purpose of combustion of fuel to produce heat or energy used
as a component of a heating system providing heat for any interior
space or water source. An outdoor furnace may also be referred to
as an "outdoor wood boiler" or "outdoor wood-fired hydronic heater."
Outdoor furnaces shall be constructed, established, installed,
operated and maintained pursuant to the following conditions:
A. EPA qualified. All new outdoor furnaces shall be EPA OWHH Phase 1
Program qualified and carry the orange tag which states: This model
has been tested by an accredited independent laboratory according
to EPA Method 28 OWHH and meets the emissions level for U.S. EPA's
Phase I Voluntary Program.
B. Fuels permitted. Fuel burned in any new or existing outdoor furnace
shall be only natural wood, wood pellets, corn products, biomass pellets
or other listed fuels specifically permitted by the manufacturer's
instructions such as fuel oil, natural gas or propane backup.
C. Fuels prohibited. The following fuels are strictly prohibited in
new or existing outdoor furnaces:
(1) Wood that has been painted, varnished or coated with similar material
and/or has been pressure-treated with preservatives and contains resins
or glues as in plywood or other composite wood products.
(2) Trash, rubbish or garbage, including, but not limited to, food wastes,
food packaging, food wraps, grass clippings, lawn waste, or manure.
(3) Any plastic materials, including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers.
(4) Rubber including tires or other synthetic rubber-like products.
(5) Newspaper, cardboard, or any paper with ink or dye products.
(6) Any other items not specifically allowed by the manufacturer or this
provision.
D. Setbacks for new outdoor furnaces. New outdoor furnaces shall:
(1) Be not less than 150 feet from property lines and road rights-of-way.
(2) Be not less than 200 feet from any occupied building not located
on the lot on which the outdoor furnace will be located.
(3) Be located in compliance with manufacturer's recommendations
and or testing and listing requirements for clearance to combustible
materials but in no case less than 20 feet from any building.
E. Chimney height. Chimney height shall comply with each of the following
subsections:
(1) The chimney of any new outdoor furnace shall extend at least two
feet above the peak of the building it serves and any occupied principal
building not served by the outdoor furnace located within 300 feet
of such outdoor furnace.
(2) The height of the chimney shall not exceed the manufacturer's
specification or 35 feet, whichever is less.
F. Spark arresters. All new outdoor furnaces shall be equipped with
properly functioning spark arresters in accord with the manufacturer's
specifications.
G. Concrete base. The outdoor furnace shall be placed on a solid concrete
slab not less than four inches thick and extending not less than six
inches on each side of the furnace. If manufacturer's specifications
and instructions require more robust standards, such standards shall
apply.
The Enforcement Officer may require the suspension of the operation
and/or revoke the permit of any outdoor furnace as necessary to protect
the public health, safety and welfare if any of the following conditions
occur. The suspension may be lifted by the Enforcement Officer once
the condition which resulted in suspension/revocation is remedied
and reasonable assurances are given that such condition will not recur.
Recurrence of a condition which has previously resulted in suspension
and/or revocation shall be considered a violation of this chapter
subject to the penalties provided within this chapter.
A. Malodorous air contaminants are detectable outside the property on
which the outdoor furnace is located;
B. The emission interferes with the reasonable enjoyment of life on
neighboring property.
C. The emissions cause damage to vegetation on neighboring property.
D. The emissions are or may be harmful to human or animal health.
E. The burning of any material referenced in §
212-6C.
F. Any other condition which constitutes a public nuisance.
Pocono Township, and its agents, officials and representatives
shall not under any circumstances be liable or legally responsible
for activities or conditions which constitute a nuisance under the
terms of this chapter. Any liability or damages resulting from activities
or conditions constituting a nuisance are the sole responsibility
of the owner of the property, or the person or persons responsible
for said activity or condition. The failure to enforce the terms of
this chapter shall not constitute a cause of action against Pocono
Township or its agents, officials or representatives.