[HISTORY: Adopted by the Board of Supervisors of the Township
of Blair 4-12-2016 by Ord. No.
2016-01. Amendments noted where applicable.]
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:
Air Pollution Control Act.[1]
Blair Township Board of Supervisors, Blair County, Pennsylvania.
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.
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.
United States Environmental Protection Agency.
An outdoor 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 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.
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.
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.
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.
Blair Township, Blair County, Pennsylvania.
A pelletized form of fuel made of ground, dried wood and
other biomass wastes that are compressed to form pellets.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
A.
Any person desiring to install an outdoor burner/furnace within Blair
Township shall obtain a certificate of use permit from the Enforcement
Officer and shall pay a permit fee set by the Township Board of Supervisors.
B.
New installations must have the installation inspected by a Uniform
Construction Code inspector and obtain a Uniform Construction Code
compliance permit for the installation of the outdoor burner/furnace
and its connection to the mechanical system of the structure it will
service.
A.
A certificate of use permit issued pursuant to this chapter may be
suspended as the Enforcement Officer may determine to be necessary
to protect the public health, safety and welfare of the residents
of Blair Township if any of the following conditions may occur:
(1)
Malodorous air contaminants from the outdoor burner/furnace are detectable
outside the property of the person on whose land the outdoor burner/furnace
is located;
(2)
The emissions from the outdoor burner/furnace interfere with the
reasonable enjoyment of life on the neighboring property;
(3)
The emissions from the outdoor burner/furnace cause damage to vegetation
on neighboring property;
(4)
The emissions from the outdoor burner/furnace are or may be harmful
to human or animal health; or
B.
A suspended permit may be reinstated once the condition that resulted
in suspension is remedied and reasonable assurances are given that
such condition will not recur. Recurrence of a condition that has
previously resulted in suspension of a permit shall be considered
a violation of this chapter subject to the penalties provided in this
chapter.
A.
Any non-Phase 2 outdoor burner/furnace in existence prior to the
adoption of this chapter shall be permitted to remain, provided that
the owner registers the device with the Enforcement Officer within
60 days of the effective date of this chapter. Upon registration,
the Enforcement Officer shall issue the owner a certificate of use
permit to operate the existing non-Phase 2 outdoor burner/furnace,
provided the installation meets the following requirements:
(1)
A plan is presented showing all property lines, the locations of
all dwellings or occupied buildings on adjoining properties, and the
proposed location of the outdoor burner/furnace.
(2)
Unless otherwise expressly prohibited by the manufacturer due to
anticipated resulting operational problems and/or manufacturer safety
concerns, the existing outdoor burner/furnace shall have a stack or
chimney that extends to a minimum height of the residential structure
roof peak of which the outdoor burner/furnace is servicing plus two
feet. If there are any residential structures within 200 feet, the
stack or chimney shall extend at least as high above the ground surfaces
as the height of the roof peaks of all such residences plus two feet.
The maximum height of the outdoor burner/furnace stack or chimney
shall not exceed 50 feet.
(3)
Should a new residential structure be built or an existing residential structure be modified within the one-hundred-foot radius, the outdoor 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 in Subsection A(2).
(4)
Present evidence that the owner of the existing burner/furnace has
obtained a Uniform Construction Code permit for the installation of
the outdoor burner/furnace and its connection to the mechanical system
of the structure it will service.
(5)
Provide a copy of the existing burner/furnace manufacturer's
specification and instructions, which the applicant agrees to comply
with and not alter at any time.
(6)
Demonstrate that the outdoor 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.
(7)
The existing outdoor burner/furnace shall be equipped with properly
functioning spark arrestors.
B.
If the owner of an existing non-Phase 2 outdoor burner/furnace does
not register the device with the Code Enforcement Officer within 60
days of the effective date of this chapter or within 30 days of notification
by the Enforcement Officer, whichever is later, the non-Phase 2 outdoor
boiler shall be removed.
A.
Any person desiring to install an outdoor burner/furnace within the
Township shall obtain a certificate of use permit from the Enforcement
Officer. The applicant for such a certificate of use permit shall
satisfy the following requirements:
(1)
Present a plan showing all property lines, the locations of all dwellings
or occupied buildings on adjoining properties, and the proposed location
of the outdoor burner/furnace. The minimum required contiguous lot
size is 43,560 square feet, i.e., a complete acre.
(2)
Locate the outdoor burner/furnace at least 100 feet from any occupied
structure not located on the lot on which the outdoor burner/furnace
will be located.
(3)
Locate the outdoor burner/furnace at least 50 feet from all property
lines.
(4)
Unless otherwise expressly prohibited by the manufacturer due to
anticipated resulting operational problems and/or manufacturer safety
concerns, the outdoor burner/furnace shall have a stack or chimney
that extends to a minimum height of the residential structure roof
peak of which the outdoor burner/furnace is servicing plus two feet.
If there are any residential structures within 200 feet, the stack
or chimney shall extend at least as high above the ground surfaces
as the height of the roof peaks of all such residences plus two feet.
The maximum height of the outdoor burner/furnace stack or chimney
shall not exceed 50 feet.
(5)
Should a new residential structure be built or an existing residential structure be modified within the one-hundred-foot radius, the outdoor 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 in Subsection A(4).
(6)
Present evidence that the applicant has obtained a Uniform Construction
Code permit for the installation of the outdoor burner/furnace and
its connection to the mechanical system of the structure it will service.
(7)
Provide a copy of the manufacturer's specification and instructions,
which the applicant agrees to comply with and not alter at any time.
Any new outdoor burner/furnace must be certified or qualified by the
EPA as meeting a Phase 2 particulate matter emission limit of 0.32
pounds per million British thermal units output and is labeled accordingly.
Phase 2 outdoor boiler models will be identified with a white hang
tag.[1]
(8)
Demonstrate that the outdoor 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.
(9)
All outdoor burner/furnaces shall be equipped with properly functioning
spark arrestors.
B.
The application shall be signed by all owners of the lot on which
the outdoor burner/furnace will be located, as well as the contractor
installing the outdoor burner/furnace.
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.
A.
The only substances that may be burned in an outdoor burner/furnace
are those in compliance with the manufacturer's recommendation.
Additionally, no person shall burn any of the following in an outdoor
burner/furnace:
(1)
Any wood that does not meet the definition of clean wood.
(2)
Tires.
(3)
Lawn clippings or yard waste.
(4)
Rubbish or garbage, including but not limited to food wastes, food
packaging or food wraps.
(5)
Materials containing plastic.
(6)
Materials containing rubber.
(7)
Waste petroleum products.
(8)
Paint and thinners.
(9)
Any type of paper/cardboard.
(10)
Construction and demolition debris.
(11)
Plywood or other composite wood products.
(12)
Particle board.
(13)
Manure.
(14)
Animal carcasses.
(15)
Asphalt products.
(16)
Used cooking oils.
(17)
Any materials designated by the Township as recyclable.
B.
The outdoor burner/furnace shall at all times be operated and maintained
in accordance with the manufacturer's specifications.
C.
Outdoor burner/furnaces are not intended to be placed inside an enclosed
structure, and such installation is prohibited. However, installation
in a covered, open-sided structure as recommended by the manufacturer
shall be permitted.
D.
The outdoor burner/furnace shall be maintained and operated in compliance
with all air quality emissions standards promulgated by the United
States Environmental Protection Agency, the Pennsylvania Department
of Environmental Protection or other appropriate state or federal
agency.
E.
No person shall use or operate a new or existing outdoor burner/furnace
unless it complies with all existing state and local regulations.
Some regulations of this commonwealth that may apply include:
|
25 Pa. Code § 121.7 – Prohibition of Air Pollution
|
|
25 Pa. Code § 123.1 – Prohibition of Certain
Fugitive Emissions
|
|
25 Pa. Code § 123.14(f) – Allowed Fuels
|
|
25 Pa. Code § 123.31 – Odor Emissions: Limitations
|
|
25 Pa. Code § 123.41 – Visible Emissions: Limitations
|
|
Section 8 of the APCA, 35 P.S. § 4008 – Unlawful
Conduct
|
|
Section 13 of the APCA, 35 P.S. § 4013 – Public
Nuisances
|
F.
Any ash or other by-products of the operation of the outdoor burner/furnace
shall be disposed of in accordance with all applicable laws.
G.
The Enforcement Officer may recommend, or require as necessary, other
modifications to the operation of an outdoor burner/furnace as may
be reasonably expected to alleviate or prevent nuisance issues attributable
to the operation of an outdoor burner/furnace.
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.
A.
Enforcement Officer. The Township Board of Supervisors 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 the 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 Subsection C of this section to determine whether or not a violation of this chapter exists.
C.
Inspections, permission. The Enforcement Officer, and any other agent
so authorized by the Board of Supervisors, may inspect any premises
to determine whether or not any violations of this chapter exist.
Prior to entering upon any property to conduct an inspection, the
Enforcement Officer shall obtain permission of the owner or the 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
any costs, including reasonable attorneys' fees, incurred in obtaining
the warrant. There shall be an immediate revocation of the compliance
permit and/or operating permit if permission to inspect is denied.
D.
Notice of violation.
(1)
Whenever an inspection discloses that a violation of this chapter
exists, the Enforcement Officer shall, upon authorization by the Township,
issue a notice of violation to the owner and/or occupant of the premises.
The notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons why the notice is being issued.
(c)
Contain:
[1]
A copy of the Enforcement Officer's inspection report detailing
the conditions constituting the violation;
[2]
An outline of the remedial action required to come into compliance
with this chapter; and
[3]
A reasonable time frame within which to rectify the violation,
which otherwise shall not exceed 90 days.
(2)
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.
E.
Emergency cases. 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.
F.
Hearings.
(1)
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 Township 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.
(2)
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.[2] The hearing shall be scheduled no later than 30 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.
[2]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq., and
2 Pa.C.S.A. § 751 et seq.
(3)
Blair Township action. After such hearing, the Township shall issue
a written decision sustaining the notice, modifying the notice and
attaching conditions or withdrawing the notice. If the Township sustains
the notice, it shall be deemed to be a final order effective immediately.
(4)
Right to appeal. Any aggrieved party may appeal the final order to
the Court of Common Pleas of Blair 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.
(5)
Fees. The person requesting the hearing shall pay the fee for such
hearing as may be established by resolution of the Township which
shall cover all costs of the hearing.
G.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys’ fees, incurred by the Township in the enforcement
of this chapter. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.[3]
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.
