[HISTORY: Adopted by the Board of Supervisors (now Board
of Commissioners) of the Township of Pocono 4-6-2009 by Ord. No. 140. Amendments noted where
applicable.]
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:
A flue (or flues) that carries off exhaust from an outdoor
furnace firebox or burn chamber.
The distance between the top of the chimney and the bottommost
part of the furnace to which it is attached.
The individual(s), agency or firm appointed by the Pocono
Township Board of Commissioners to enforce the provisions of this
chapter.
EPA OWHH (Wood-fired Hydronic Heater Program) Phase 1 Program
administered by the United States Environmental Protection Agency.
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.
An outdoor furnace that was purchased and installed prior
to the effective date of this chapter.
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.
An outdoor furnace that is installed, established or constructed
after the effective date of this chapter.
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."
A.
Applicability. No person shall, from the effective date of this chapter,
construct, install, replace, establish, operate or maintain an outdoor
furnace other than in compliance with the applicable sections of this
chapter.
B.
Permit; fee. A permit shall be required for the installation, construction
or replacement of an outdoor furnace, and application shall be made
to the Enforcement Officer in the form prescribed by the Township.
The application shall be accompanied by the proper fee amount as established
by resolution of the Board of Commissioners.
C.
Registration of existing outdoor furnaces. Any outdoor furnace in
existence on the effective date of this chapter shall be permitted
to remain, provided that the owner registers the furnace with the
Enforcement Officer within one year of the effective date of this
chapter. No fee shall be charged for the registration.
D.
Operation. No person shall, from the effective date of this chapter,
operate an outdoor furnace unless such operation conforms with the
manufacturer's instructions regarding such operation and the
requirements of this chapter.
E.
Manufacturer's standards. All new outdoor furnaces shall be
constructed, established, installed, operated and maintained in conformance
with the manufacturer's specifications and instructions and the
requirements of this chapter. In the event of a conflict, the more
restrictive shall apply.
F.
Manufacturer's manual/instructions. The owner of any new outdoor
furnace shall produce the manufacturer's owner's manual
or installation instructions to the Enforcement Officer for review
prior to installation.
G.
Laboratory certification. All new outdoor furnaces shall be laboratory
tested and listed to appropriate safety standards such as UL, CAN/CSA,
ANSI or other applicable safety standards.
H.
UCC compliance. The installation of all new outdoor furnaces shall
comply with the Pennsylvania Uniform Construction Code.
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.
F.
Any other condition which constitutes a public nuisance.
A.
Enforcement Officer. The Board of Commissioners shall appoint an
individual, agency or firm to serve as the Enforcement Officer, who
shall be responsible for enforcing the terms of this chapter. The
terms of this chapter may also be enforced by a Pocono Township police
officer.
B.
Compliance. Failure to comply with any provision of this chapter,
and/or failure to comply with an order to abate a nuisance, shall
constitute a violation of this chapter.
C.
Violations and penalties. This chapter shall be enforced by action
brought before a Magisterial District Judge in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Any person, partnership, corporation or other
entity who or which violates or permits a violation of the provisions
of this chapter shall, upon conviction in a summary proceeding, pay
a fine of not less than $500 nor more than $1,000 per violation, plus
all court costs and reasonable attorneys' fees incurred by Pocono
Township in the enforcement proceedings, and/or be imprisoned to the
extent allowed by law for the punishment of summary offenses. Each
day or portion thereof that a violation exists or continues shall
constitute a separate violation. Each section of this chapter that
is violated shall also constitute a separate violation. Further, the
appropriate officers or agents of Pocono Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
with this chapter. All fines, penalties, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid to
Pocono Township for its general use.
D.
Other remedies. In addition to the fines, judgments, and/or imprisonment remedies of Subsection C, the Board reserves the right to pursue independent and cumulative remedies at law or equity including a demand for reimbursement of all court costs and reasonable attorney fees.
E.
Abatement by Township and recovery of costs. In addition, if the
owner or person in control of any premises, at which an act or condition
constituting a violation of this chapter is occurring, fails to respond
to an order of compliance, the Enforcement Officer and/or the police
officer shall be empowered to cause such work of compliance to be
commenced and/or completed by the Township, and the Township may enter
a municipal lien upon the premises to recover the cost and expense
thereof.
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.
