[Ord. 755, 6/13/2007, § 1]
1.
Residences, commercial and industrial establishments situated within
the Borough are entitled to clean air and environmental circumstances
free of unreasonable dust, obnoxious odors, noxious fumes and smells,
as well as environment free of stored debris and storage of combustible
fuels in adjacent or exposed exterior areas within populated areas.
2.
Research indicates that outdoor fuel burning appliances cause emission
problems that cross property lines because the smoke stays close to
the ground. This smoke can easily reach humans working or playing
outdoors or penetrate neighboring buildings. It also may cause problems
with visibility. This low lying smoke can worsen cardiovascular problems
such as angina, emphysema and bronchitis.
[Ord. 755, 6/13/2007, § 2]
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid fuel fired outdoor heating device.
A device including any furnace, stove or boiler designed
and constructed to burn oil, wood, coal or other fuels manufactured
for placement outdoors (or within a separate structure) for the heating
of the living area of a structure.
[Ord. 755, 6/13/2007, § 3; as amended by A.O.]
1.
All outdoor fuel burning appliances are hereby prohibited unless
a permit is first received from the Office of the Borough Secretary.
The cost of said permit shall be in an amount as established from
time to time by resolution of Borough Council.
2.
Any outdoor fuel burning appliance must have or meet the following:
A.
A safe flue or chimney which has a minimum termination height of
two feet above the eve line of the nearest residence building not
served by the furnace.
B.
A spark arrester or filter type system attached to the appliance.
C.
A fan or blower attached to the appliance to increase the efficiency
of the appliance.
D.
Be located not less than 15 feet from any property line confirmed
by survey of property which is to paid for and furnished by property
owner.
E.
The external fuel burning device is the only one on the property
of the resident.
F.
An inspection must be completed by a third party Building Inspector
certified by the Department of Labor and Industry and an inspection
report furnished to the Office of Borough Secretary.
G.
The outdoor fuel burning device must be fenced in from the public
with the fence being at least three feet in height.
3.
All outdoor fuel burning appliances are required to meet emission
standards currently required by the Environmental Protection Agency
(EPA) and/or Department of Environmental Protection (DEP). Emission
standards currently required by EPA and/or DEP are hereby adopted
by reference together with any amendments or medications made to them
in the future.
4.
All outdoor fuel burning appliances shall be installed, operated
and maintained in strict conformance with the manufacturer's instructions
and the regulations promulgated hereunder. In the event of a conflict,
these regulations shall apply unless the manufacturer's instructions
are stricter, in which case the manufacturer's instructions shall
apply.
5.
No homemade outdoor fuel burning appliances will be permitted.
6.
Only natural hard wood, hard coal or pellets specifically permitted
by the manufacturer in writing may be burned in outdoor fuel burning
appliances. The burning in outside fuel burning appliances of processed
wood products and non-wood products, household or other garbage, recyclable
material, rubber tires, railroad ties, leafs, laminated wood, wet
or soggy wood, painted or treated wood and any item not specifically
and in writing permitted by the manufacturer is prohibited, and will
be deemed a violation of this Part.
7.
Ashes or waste cannot be accumulated in any area on the property.
The ashes or waste may be dispersed on the property as long as no
accumulation can be seem (for example; spread in a driveway). Any
large accumulation of ashes or waste must be disposed of weekly.
8.
All outdoor fuel burning appliances meeting the requirements of this
Part may only be utilized for the sole purpose of furnishing heat
and hot water to a residence during the period, of September 1 through
May 15.
9.
If an outdoor fuel burning appliances is more than 50% torn down,
physically deteriorated decayed or inoperable the appliance must be
removed.
10.
All storage of materials being burnt in the outdoor fuel burning
appliance shall be neatly stacked and/or stored under cover and free
from insects (termites, ants, etc.) or any type of disease carrying
rodents.
[Ord. 755, 6/13/2007, § 4]
It shall be the duty of the Borough Police Department, Code
Enforcement Officer and others authorized to do so by the Borough
to enforce terms of this Part and secure compliance with the requirements
thereof.
[Ord. 755, 6/13/2007, § 5; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
together with reasonable attorney fees and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
