[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Pottsgrove 7-21-2014 by Ord. No. 474. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 122.
This chapter shall be entitled "Upper Pottsgrove Township Outdoor
Solid Fuel Burning Furnace Regulatory Ordinance."
This chapter is enacted pursuant to the authority set forth
in the First Class Township Code, 53 P.S. § 55101 et seq.
This chapter shall apply to the use and operation of all outdoor
solid fuel burning furnaces in the Township of Upper Pottsgrove.
This chapter is enacted to provide reasonable rules and regulations
with respect to the use and operation of all outdoor solid fuel burning
furnaces. It has been determined that air pollution from outdoor solid
fuel burning furnaces may be detrimental to the health, safety, comfort,
living conditions and welfare of citizens of the Township and is hereby
declared to be the policy of the Township to regulate the use of outdoor
solid fuel burning furnaces in order to protect the general health,
safety and welfare of residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Air Pollution Control Act.[1]
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with preservatives
or chemicals, including but not limited to, copper chromium arsenate,
creosote, or pentachlorophenol.
United States Environmental Protection Agency.
An outdoor solid fuel burning furnace is any equipment, device
or apparatus which is installed, affixed or situated outdoors, and
not situate within a building intended for habitation by humans or
domestic animals, which is used for the primary purpose of combustion
of 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, green houses, conservatories
and swimming pools. These furnaces are also referred to as outdoor
wood-fired boilers, outdoor hydronic heaters, outdoor solid fuel burning
appliances and outdoor solid fuel burning equipment, outdoor wood
burning furnaces, outdoor furnaces and the like.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor solid fuel burning furnace, especially
that part of a structure extending above a roof.
[1]
Editor's Note: See 42 U.S.C. § 7401 et seq.
A.Â
No person shall, from the effective date of this chapter, construct,
install, establish, operate or maintain an outdoor solid fuel burning
furnace other than in compliance with the requirements set forth in
this chapter.
B.Â
No person shall, from the effective date of this chapter, operate
or use any outdoor solid fuel burning furnace between April 15 and
October 15 of each year.
C.Â
From effective date of this chapter, any outdoor solid fuel burning
furnace shall have a permanent attached stack with a minimum stack
height of 10 feet above the ground that also extends at least two
feet above the highest peak or highest point of the roof of any occupied
building located less than 150 feet from the outdoor solid fuel burning
furnace.
A.Â
Any person, firm or corporation who shall violate any provision of
this chapter, upon conviction thereof in an action brought before
a Magisterial District Justice in a manner provided for the enforcement
of summary proceedings under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
of prosecution. Each day that a violation of this chapter continues
shall constitute a separate and distinct offense.
B.Â
The Board of Commissioners have instituted an action in equity for
injunction to restrain any violation of this chapter.
