[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield 12-17-2014 by Ord.
No. 216. Amendments noted where applicable.]
This chapter shall be known as the "Fallowfield Township Outdoor
Wood-Fired Burner/Furnace Ordinance."
Although outdoor wood-fired burners/furnaces may provide an
economical alternative to conventional heating systems, concerns have
been raised regarding the safety and environmental impacts of these
heating devices, particularly the production of offensive odors and
potential health effects of uncontrolled emissions. This chapter is
intended to ensure that outdoor wood-fired burners/furnaces are utilized
in a manner that does not create a nuisance and is not detrimental
to the health, safety and general welfare of the residents of Fallowfield
Township.
This chapter is ordained, enacted, and authorized pursuant to
the general powers permitted by the Second Class Township Code Sections
1601 and 1529 (53 P.S. § 66601, Ordinances, and 53 P.S.
§ 66529, Nuisances).
A.
This chapter applies to the installation and use of all outdoor wood-fired
burners/furnaces within Fallowfield Township.
B.
This chapter does not apply to:
(1)
Grilling or cooking using charcoal, wood, propane or natural gas
in cooking or grilling appliances.
(2)
Burning in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation.
(3)
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:
Wood that does not have paint, stains, or other types of
coatings, and wood that has not been treated with substances, including,
but not limited to, copper arsenate, creosote, or pentachlorophenol,
and, also, wood pellets made from clean wood.
The Zoning Officer/Code Enforcement Officer or other person
appointed by the Board of Supervisors of Fallowfield Township to administer
and enforce this chapter whose duties shall include responding to
resident questions and complaints and performing other tasks as the
Board of Supervisors of Fallowfield Township may assign.
An outdoor wood-fired burner/furnace that was purchased and
installed prior to the effective date of this chapter.
A fuel-burning device designed to burn wood or other manufacturer
approved fuel products (i.e., corn and coal); that the manufacturer
specifies for outdoor installation or installation in structures not
normally occupied by humans (e.g., garages); and heats building space
and/or water via the distribution, typically through pipes, of a fluid
heated in the device, typically water or a water/antifreeze mixture.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid fuel-fired heating device or structure,
including that part of the structure extending above a roof.
A.
Installation permit. Any person desiring to install an outdoor wood-fired
burner/furnace within Fallowfield Township shall obtain a permit prior
to installation from the Enforcement Officer and shall pay a permit
fee set by the Board of Supervisors of Fallowfield Township by resolution,
which will be incorporated by reference herein.
B.
Uniform Construction Code permit. The applicant must obtain a Uniform
Construction Code permit prior to installation of the outdoor wood-fired
burner/furnace and its connection to the mechanical system of the
structure it will serve.
C.
Yearly renewal. Commencing upon the effective day of this chapter,
prior to January 1 of each calendar year the owner of the lot upon
which an outdoor wood-fired burner/furnace is located shall apply
for an operating permit which shall be valid for the period from January
1 through December 31 of the end of the calendar year. The owner shall
pay all fees imposed by Fallowfield Township for the application for
such operating permit and the inspection of the outdoor wood-fired
burner/furnace to determine compliance with this part.
A.
A permit issued pursuant to this chapter may be suspended as the
Enforcement Officer or other person appointed by the Board of Supervisors
of Fallowfield Township to administer and enforce this chapter may
determine to be necessary to protect the public health, safety and
welfare of the residents of Fallowfield Township if any of the following
conditions occur:
(1)
Malodorous air contaminants from the outdoor wood-fired burner/furnace
are detectable outside the property of the person on whose land the
outdoor wood-fired burner/furnace is located.
(2)
The emissions from the outdoor wood-fired burner/furnace interfere
with the reasonable enjoyment of life on neighboring property.
(3)
The emissions from the outdoor wood-fired burner/furnace cause damage
to vegetation on neighboring property.
(4)
The emissions from the outdoor wood-fired burner/furnace are or may
be harmful to human or animal health.
B.
A suspended permit may be reinstated once the condition which resulted
in suspension is remedied and reasonable assurances are given that
such condition will not recur. Recurrence of a condition, which has
previously resulted in suspension of a permit, shall be considered
a violation of this chapter subject to the penalties provided within
this chapter.
Any outdoor wood-fired burner/furnace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner(s) within 45 days of the effective date of this chapter modify, if necessary, their outdoor wood-fired burner/furnace to comply with the provisions of this chapter as set forth in § 212-9A(4) and (9) and § 212-11 of this chapter. Also, within 45 days of the enactment of this chapter, the owner(s) must obtain a permit at no cost to the owner(s) that identifies the location of the existing outdoor wood-fired burner/furnace. If the owner of an existing outdoor wood-fired burner/furnace does not comply with the requirements of this chapter, the outdoor wood-fired burner/furnace shall be removed and the owner(s) will have to comply with the regulations for installation of a new outdoor wood-fired, burner/furnace, including procurement of all necessary permits.
A.
Any person desiring to install an outdoor wood-fired burner/furnace
within Fallowfield Township shall obtain a permit from the Enforcement
Officer. The applicant for such a permit shall meet the following
requirements:
(1)
Present a plan showing all property lines, the locations and distances
of all dwellings or occupied buildings on adjoining properties, and
the proposed location of the outdoor wood-fired burner/furnace.
(2)
Locate the outdoor wood-fired burner/furnace at least 250 feet from
any occupied structure not located on the lot on which the outdoor
wood-fired burner/furnace will be located.
(3)
Locate the outdoor wood-fired burner/furnace at least 200 feet from
all property lines.
(4)
The outdoor wood-fired burner/furnace shall have a stack or chimney
that extends to a minimum height of the residential structure roof
peak of which the outdoor wood-fired burner/furnace is servicing plus
any additional height required by the manufacturer's specifications
and/or the International Residential Code, whichever calls for a taller
height. If there are any residential structures within 250 feet, the
stack or chimney shall extend at least as high above the ground surface
as the height of the roof peaks of all such residences plus two feet.
The maximum height of the outdoor wood-fired burner/furnace stack
or chimney shall not exceed 50 feet and shall not exceed the maximum
height requirement in that specific zoning district.
(a)
Should a new residential structure be built or an existing residential
structure be modified within the two-hundred-fifty-foot radius, the
outdoor wood-fired burner/furnace stack or chimney height shall be
raised to match the height of the new or modified structure, up to
the maximum height indicated above.
(5)
Present evidence that the applicant has obtained a Uniform Construction
Code permit for the installation of the outdoor wood-fired burner/furnace
and its connection to the mechanical system of the structure it will
serve.
(6)
Provide a copy of the manufacturer's specification and instructions,
which the applicant agrees to comply with and not alter at any time.
Where the manufacturer's specifications and instructions conflict
with this terms of this chapter, the more restrictive of the two shall
apply.
(7)
Provide proof that the outdoor wood-fired burner/furnace has been
laboratory tested and listed to comply with appropriate safety standards
such as UL (Underwriters Laboratories) or ANSI (American National
Standards Institute) standards.
(8)
All outdoor wood-fired burners/furnaces shall be equipped with properly
functioning spark arrestors.
(9)
The outdoor wood-fired burner/furnace shall comply with all federal,
state and local requirements.
B.
The application shall be signed by all owners of the lot on which
the outdoor wood-fired burner/furnace will be located and the contractor
installing the outdoor wood-fired burner/furnace.
If an outdoor wood-fired burner/furnace is replaced or upgraded, a permit shall be required pursuant to § 212-6 of this chapter, and the replacement shall comply with all sections of this chapter.
A.
No person that operates a new or existing outdoor wood-fired burner/furnace,
as defined herein, shall use a fuel other than the following:
B.
No person that operates a new or existing outdoor wood-fired burner/furnace,
as defined herein, shall use the following fuels:
(2)
Any wood that does not meet the definition of clean wood, including,
but not limited to, treated or painted wood.
(3)
Furniture.
(4)
Rubbish or garbage, including, but not limited to, food wastes, food
packaging, or food wraps.
(5)
Tires.
(6)
Lawn clippings or yard waste.
(7)
Material containing plastic.
(8)
Material containing rubber.
(9)
Waste petroleum products.
(10)
Paint and paint thinners.
(11)
Chemicals.
(12)
Any hazardous waste.
(13)
Non-anthracite coal.
(14)
Glossy colored paper.
(15)
Construction and demolition debris (such as shingles).
(16)
Plywood or other composite wood products.
(17)
Particleboard.
(18)
Salt water driftwood.
(19)
Manure.
(20)
Animal carcasses.
(21)
Asphalt products.
(22)
Used cooking oils.
C.
The outdoor wood-fired burner/furnace shall at all times be operated
and maintained in accordance with the manufacturer's specifications.
D.
The outdoor wood-fired burner/furnace shall be maintained and operated
in compliance with all federal, state and local requirements, including,
but not limited to, compliance with all emissions and air quality
standards promulgated by the Unites States Environmental Protection
Agency, the Pennsylvania Department of Environmental Protection or
other relevant state or federal agency.
E.
Any ash or other by-products from the operation of this outdoor wood-fired
burner/furnace shall be disposed of in accordance with federal, state
and local requirements.
Outdoor wood-fired burners/furnaces may be operated all year
long.
A.
Enforcement Officer. The Board of Supervisors of Fallowfield Township
shall appoint an individual, agency or firm to serve as the Enforcement
Officer who shall be responsible for enforcing the terms of this chapter.
B.
Duties of Enforcement Officer.
(1)
Inspection. The Enforcement Officer, and any other individual representing the Township whose presence is necessary to complete the inspection, may inspect any premises, building or structure in accordance with § 212-14 of this chapter to determine whether or not a violation of this chapter exists.
(2)
Action. Whenever an inspection discloses a violation of this chapter, the Enforcement Officer shall prepare a report detailing the violation and a recommendation regarding how the violation can be corrected. The Enforcement Officer, upon authorization by the Board of Supervisors of Fallowfield Township, shall issue a written notice to the owner and/or occupant of the premises as set forth in § 212-15 along with a copy of the report.
The Enforcement Officer, and any other agent so authorized by
the Board of Supervisors, may inspect any premises to determine whether
any violations of this chapter exist. Prior to entering upon any property
to conduct an inspection, the Enforcement Officer shall obtain the
permission of the owner or occupant of the property to conduct the
inspection. If, after due diligence, the Enforcement Officer is unable
to obtain such permission, the Enforcement Officer shall have the
authority to conduct the necessary inspection in accordance with this
chapter and the applicable laws of the commonwealth, and, if necessary,
petition a competent court with jurisdiction for a court order authorizing
the inspection. If a court orders the inspection, the defendant named
in the order shall reimburse the Township for the costs of filing
the petition and reasonable attorney's fees.
A.
Whenever an inspection discloses that a violation of this chapter
exists, the Enforcement Officer shall issue a notice of violation
to the owner and/or occupant of the premises. The notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons why the notice is being issued.
(3)
Contain a copy of the Enforcement Officer's inspection report
that details the conditions constituting the violation, contain an
outline of the remedial action required to come into compliance with
this chapter and state a reasonable time to rectify the violation.
B.
Except in emergency cases, the notice shall be sent by registered
mail or by certificate of mailing, or personally delivered to the
owner and/or occupant of the premises upon which the violation exists.
Where the owner is absent from the Township, all notices shall be
deemed to be properly served if a copy of the notice is served upon
the owner personally, a copy of the notice is sent by registered mail
or by certificate of mailing to the last known address of the owner,
regardless of proof of receipt, and is posted in a conspicuous place
on or about the premises affected by the notice or the owner is served
with such notice by any other method authorized under the laws of
the Commonwealth of Pennsylvania.
Whenever the Enforcement Officer finds that an emergency exists
which requires immediate action to protect the public health, safety
and welfare, he/she may, without notice or hearing, issue an order
reciting the existence of such an emergency and requiring that such
action be taken as is necessary to correct the violation and eliminate
the emergency. Notwithstanding the other provisions of this chapter,
such order shall be effective immediately.
A.
Right to hearing. Any person affected by any notice which has been
issued in accordance with the enforcement of any provision of this
chapter may request and shall be granted a hearing on the matter before
the Board of Supervisors, provided that such person files a written
request for the hearing within 10 days after service of the notice.
The request shall contain a brief statement regarding the reasons
for the request.
B.
Scheduling and conduct of the hearing. Upon receipt of a request
for a hearing, a time and place for the hearing shall be scheduled
and advertised in accordance with applicable municipal requirements.
All hearings shall be conducted in accordance with the Local Agency
Act.[1] The hearing shall be scheduled no later than 60 days after
the day on which the request was received. At the hearing, the person
requesting the hearing shall be given the opportunity to be heard
and show cause why the violation described in the notice should not
be abated.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq.
and 751 et seq.
C.
Board of Supervisors action. After such hearing, the Board of Supervisors
shall issue a written decision sustaining the notice; modifying the
notice and attaching conditions, or withdrawing the notice. If the
Board of Supervisors sustains the notice, it shall be deemed to be
a final order effective immediately.
D.
Right to appeal. Any aggrieved party may appeal the final order to
the Court of Common Pleas of Washington County in accordance with
the provisions of the Local Agency Act. Such appeal shall not constitute
a stay from the requirements of the final order unless an order to
that effect is obtained from the Court.
E.
Fees. The person requesting the hearing shall pay the fee for such
hearing as established by resolution of the Board of Supervisors,
which will be incorporated by reference herein.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
B.
In addition to the fines, judgments, costs and/or imprisonment remedies
set forth above, the Township reserves the right to pursue all other
available remedies at law or in equity under the laws of the Commonwealth
of Pennsylvania.
C.
The Enforcement Officer is hereby authorized to commence and to prosecute
any violations in the court of appropriate jurisdiction and to utilize
the services of the Township Solicitor in so doing.
Fallowfield Township, and its agents, officials, and representatives,
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this chapter, or by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this chapter. The person or party responsible for any such burning
activity shall bear sole liability of any damages caused as a result
thereof.
The Board of Supervisors may, at any time by way of resolution,
amend this chapter to set and/or change fees, including permit fees,
and change the amount of fines and penalties.
