This chapter shall be known and may be cited as the "Blair Township
Outdoor Burners/Furnaces Ordinance."
Although outdoor 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 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 Blair Township.
In this chapter the following terms shall have the following
meanings:
APCA
Air Pollution Control Act.
BOARD
Blair Township Board of Supervisors, Blair County, Pennsylvania.
CLEAN WOOD
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 chromium arsenate, creosote, or pentachlorophenol,
and wood pellets made from clean wood.
ENFORCEMENT OFFICER
The Code Enforcement Officer, or other person appointed by
the Board of Supervisors of Blair 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
may assign.
EPA
United States Environmental Protection Agency.
OUTDOOR BURNER/FURNACE
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 open-sided, covered structures;
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.
PERSON
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.
PHASE 1/PHASE 2 OUTDOOR BURNERS
Outdoor burners qualifying for the Phase 1 emission standard
of 0.60 pounds of particulate matter (PM) per million British thermal
units (Btus) of heat input are labeled with an orange tag. Outdoor
burners qualifying for the Phase 2 emission standard of 0.32 pounds
of PM per million Btu of heat output are labeled with a white tag.
Any outdoor burners sold, distributed or installed for use in the
commonwealth after October 2, 2010, must meet the EPA voluntary program
Phase 2 emission standard of 0.32 pounds particulate matter per million
Btu output (or lower) and be labeled accordingly.
STACK or CHIMNEY
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.
TOWNSHIP
Blair Township, Blair County, Pennsylvania.
WOOD PELLETS
A pelletized form of fuel made of ground, dried wood and
other biomass wastes that are compressed to form pellets.
If an outdoor burner/furnace is replaced, upgraded, or modified in any manner, a compliance permit shall be required pursuant to §
234-4 of this chapter and shall comply with all sections of this chapter and any other applicable Township ordinances.
An outdoor burner/furnace may be operated all year long so long
as the burner/furnace owner/operator has the appropriate permits as
outlined in this chapter.
The 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 for any damages caused as a result
thereof. The failure of the Township to promptly enforce any provision
of this chapter shall not subject the Township to any liability.
The Township Supervisors may grant variances based upon a presentation
of the unique factors rendering restrictions set forth herein to be
both unnecessary for the protection of the public health, safety,
and welfare and impractical or not feasible with which to comply.
Such variances, if granted, shall have a term of one year and will
be automatically renewed in the absence of complaints or other problems.
Any such variance granted may contain such provisions as the Township
Board of Supervisors may deem necessary to protect the health, safety,
and welfare of Township residents and to prevent a nuisance. Any person
granted a variance shall indemnify, defend and hold harmless the Township
from any liability that may arise wholly or partially out of the granting
of the variance.