[Adopted 12-8-1993 by Ord. No. 12/8/1993 (Ch. 7, Part 2, of the 1993
Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
SOLID-FUEL-BURNING APPLIANCE
A device constructed to burn coal, wood or other solid fuels,
manufactured for placement within the living area of a structure,
as contrasted with and differentiated from the central heating system
of a structure.
A building permit shall be required for the installation of
a solid-fuel-burning appliance in any structure in the Borough.
Except as to installations into an existing fire place, all
solid-fuel-burning appliances shall be installed and used not less
than 10 feet from an exit door from the room in which it is housed.
Such appliance may not be installed or used at the base of a stairway
or in a closet, pantry or any other similar type of confined space.
Except as to installations into an existing fire place, all
solid-fuel-burning appliances shall be installed in accordance with
the requirements specified in the following:
A. Clearance.
(1) There shall be no less than six inches of clearance between the bottom
of the body of the solid-fuel-burning appliance and the floor protection
on which it stands.
(2) There shall be no less than 18 inches between the outermost part
of the solid-fuel-burning appliance and the wall protection for the
room in which it is housed.
B. Floor protection.
(1) All combustible floor covering shall be removed from the floor in
the area which will be covered by a floor protection pad.
(2) Each solid-fuel-burning appliance shall have under it a floor protection
pad comprised of not less than 1/4 inch thick, covered with no less
than twenty-four-gauge sheet metal. Any noncombustible material may
be used in addition to the requirements listed.
(3) The floor protection as described in Subsection
B(2) above shall extend no less than 18 inches beyond the outermost part of the front or ash removal side of the appliance and no less than six inches beyond the outermost part of the remaining sides of the appliance.
C. Wall protection. On any wall within 36 inches of a solid-fuel-burning
appliance there shall be mounted asbestos millboard not less than
one inch thick or sheet metal of not less than 28 gauge. There shall
be no more than 1 1/2 inches clearance between the bottom of
the wall protection and the floor. The wall protection shall be mounted
to the wall with noncombustible spacers measuring not less than one
inch. No screws or any type of mounting device may be located directly
behind the appliance.
Any person, firm or corporation who shall violate a provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
[Adopted 2-4-2009 by Ord.
No. 2009-1]
As used in this article, the terms are defined as follows:
EXTERIOR FURNACE
Any device, contrivance or apparatus or any part thereof
which is installed, affixed or situated out-of-doors for the primary
purpose of the combustion of fuel from which heat or energy is derived
and intended to be directed therefrom by conduit or other mechanism
into any interior space for the supply of heat or energy or for any
other purpose, such as heating swimming pools, saunas, etc.
FURNACE DEVICE, EXTERIOR
Any contrivance, apparatus or part thereof, including a boiler,
fire box exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe,
exhaust conduit and like devices used for the burning of combustible
fuels for the creation of heat or energy from an exterior location
into an interior location or for any other purpose, such as heating
swimming pools, saunas, etc.
All outdoor fuel-burning appliances may only be utilized for
the sole purpose of furnishing heat to a residence and/or hot water
during the period of October 1 through April 30 and only if the outdoor
fuel-burning appliance meets the requirements of this article. This
restriction shall only apply to exterior furnaces constructed or installed
following enactment of this article.
If an outdoor fuel-burning appliance is more than 50% torn down,
physically deteriorated or decayed, the appliance must be removed
and/or replaced with a new unit, and the new unit must comply with
all of the regulations listed in this article or as determined as
a result of any Borough inspection.
No exterior furnace shall be located on any property in the
Borough without first obtaining a permit from the Borough's Code
Enforcement Officer upon applications provided to the Borough and
appropriate permit fees paid in full to the Borough.
Any person, firm, association, partnership corporation or entity
that violates any of the provisions of this article shall, upon being
found liable therefor, pay a fine of not more than $600, plus court
costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings. If the penalty is not paid, the Borough
shall initiate a civil action for collection in accordance with the
Pennsylvania Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Schuylkill
County.