[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 6-16-2009 by Ord. No. 636. Amendments noted where applicable.]
A.
This chapter shall be known as the "External Solid-Fuel-Burning and
Heating Appliance Ordinance."
B.
This chapter is to protect the public health, safety and welfare
of Borough residents from unreasonable dust, noxious odors, fumes,
smells and unhealthy conditions caused by emissions that cross property
lines because smoke stays close to the ground and can easily reach
humans working and playing outdoors and even penetrate neighboring
buildings. The low-lying smoke can contribute to and worsen cardiovascular
and respiratory diseases, and be an irritant to the eyes and lungs.
A.
This chapter shall apply to all new outdoor solid-fuel-burning furnaces
within Tamaqua Borough.
B.
This chapter does not apply to grilling, cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
C.
This chapter does not apply to burning in a stove, furnace, fireplace
or other heating device within a building or structure used for human
or animal habitation.
D.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid fuel fired outdoor heating appliance.
An outdoor appliance utilizing a heat pump or one of the following
fuel sources: solar energy, electric, oil propane, gas or natural
gas will not be included in this definition and the same are exempt
from the prohibitions provided for in this chapter.
Hereafter called "appliance," any device including a furnace,
stove or boiler designed and constructed to burn solid fuels, including
wood, coal, or other solid fuels and situated outdoors, and not situated
within a building intended for habitation by humans or domestic animals,
which is used for the primary purpose of combustion of solid fuel
to produce heat for energy as a heating system, or component thereof,
which provides heat or hot water to the principal structure, to a
structure used for human or animal habitation, or to any accessory
uses or structures, including, but not limited to, greenhouses, swimming
pools, out buildings, etc.
The Pennsylvania Uniform Construction Code.
A.
A zoning permit and a Uniform Construction Code (UCC) permit shall
be required for the installation and operation of the appliance within
the Borough of Tamaqua.
B.
A zoning permit application shall be submitted to the Borough Zoning/Code
Enforcement Officer by the owner or authorized representative of the
owner on a form provided by the Borough and shall be accompanied by
a fee established by the Borough.
C.
A UCC inspection permit shall be filled out by the owner or authorized
representative of the owner on a form provided by the inspection company
and shall be accompanied by the fees established by the inspection
service which will perform the required inspections on the installation
and operation of the appliance.
D.
Before a permit can be issued, an inspection of the proposed installation
shall be required. In addition, a site plan is required showing the
location of the proposed appliance on the property, location and height
of all existing structures on the property, and distances from the
appliance to existing structures on the property. The manufacturer's
specifications and instructions shall also be furnished to the Borough
before a permit can be issued.
E.
Any permit issued by the Borough Zoning/Code Enforcement Officer
for the installation and operation of the appliance may be revoked
to protect the public health, safety and welfare of the residents
of the Borough of Tamaqua.
A.
Any appliance shall only be permitted to burn fuels approved by the
manufacturer of the outdoor fuel-burning appliance.
B.
The following materials may not be burned in any appliance:
(1)
Rubbish or garbage, including, but not limited to, food wasted, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, demolition debris or other household or business
wastes.
(2)
Waste oil or other oily wastes.
(3)
Asphalt and products containing asphalt.
(4)
Treated or painted wood, including, but not limited to, plywood,
composite wood products or other wood products that are painted, varnished,
or treated with preservatives.
(5)
Any plastic material, including, but not limited to, nylon, PVC,
polystyrene or urethane foam.
(6)
Rubber, including tires and synthetic rubber-like products.
C.
The appliance shall be permitted in any zoning district on not less
than five acres and not less than 200 feet from any lot line.
D.
Any appliance shall have a minimum chimney height of 20 feet or the
maximum height allowable by the manufacturer. If less than 20 feet,
you must provide the Borough with documentation from the manufacturer
confirming the restriction.
E.
All appliances shall be installed, operated and maintained in strict
compliance with the manufacturers' instructions and guidelines for
the said appliance. In the event that a conflict arises between the
manufacturers' instructions and regulations, and the regulations contained
in this chapter, the stricter instructions or regulations shall apply.
F.
All appliances shall comply with emissions standards as required
for outdoor solid-fuel-burning appliances, as promulgated by the Environmental
Protection Agency (EPA). For purposes of this chapter, all emission
standards currently required by the EPA are hereby adopted by reference
as well as any amendments or modifications made to them hereafter.
G.
All ashes or waste may be disbursed on the property where the appliance
is located. Any large accumulation of ashes or waste must be disposed
of in a manner approved by the Borough of Tamaqua and/or the Pennsylvania
Department of Environmental Protection.
H.
All appliances shall be used for the sole purpose of furnishing heat
and/or hot water to a dwelling or other structure pursuant to a permit
issued hereunder, including residential swimming pools.
I.
Outdoor solid-fuel-burning appliances on lots less than 10 acres
shall not be operated from May 15 to September 15. Any outdoor solid-fuel-burning
appliance on lots of 10 acres or more may be operated through out
the calendar year.
J.
In the event the appliance is damaged or physically deteriorated
more than 50%, the appliance must be removed and/or replaced with
a new unit within 60 days of the date that notice is received from
the Borough of Tamaqua. In such event, all provisions of this chapter,
including but, not limited to, the permitting procedures shall be
complied with.
A person utilizing or maintaining an outdoor solid-fuel-burning
appliance shall be responsible for all fire suppression costs and
any other liability resulting from damage caused by a fire.
Any authorized officer, agent, employee or representative of
the Borough of Tamaqua may inspect any property for the purpose of
ascertaining compliance with the provisions of this chapter. If access
is defined, access shall be obtained pursuant to applicable laws of
the Commonwealth of Pennsylvania.
A.
The Code Enforcement and Zoning Officer, authorized officer, agent,
or representative of the Borough of Tamaqua is authorized to enforce
any provisions of this chapter.
B.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $500 or less than $200, and in default of
payment of said fine, be subject to imprisonment for a term of not
more than 30 days. Every day that a violation of this chapter continues
shall be deemed to be and shall constitute a separate offense hereunder.
