As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR FUEL-BURNING APPLIANCE
A device, including any furnace, stove or boiler, designed
and constructed to burn solid fuels, including wood, coal, corn pellets,
or other solid fuels, manufactured for placement outdoors for the
heating of occupied space of a structure. This is including but not
limited to a residential dwelling, business, garage, hobby shop, shed,
or any other type of occupied structure that utilizes a heating source.
An outdoor fuel-burning appliance utilizing a heat pump or that uses
the following fuel sources—solar energy, electric, oil, propane
gas or natural gas—will not be included in this definition and
is exempt from the prohibition provided in this chapter.
To the fullest extent required by federal or state statutes,
rules and regulations and in accordance with the manufacturer's
specifications, the installation, maintenance and use of any exterior
furnace or furnace device, exterior, as herein defined, shall be installed,
maintained and generated in conformity therewith.
This chapter shall in no way be construed nor is the same intended
to prohibit the installation, operation or use of exterior chimneys,
stove pipes or similar contrivances that are otherwise in conformity
with other federal or state laws, rules or regulations constituting
any part of any interior furnace system or interior stove system or
operation or any system that provides the exhaust of waste heat, smoke
or similar substances from interior spaces.
Such units shall be installed and operated in a manner as will
not allow smoke or fumes to enter the air space on neighboring properties.
This chapter shall not be construed to be retroactive and shall not require the removal of any outdoor fuel-burning appliance in existence within the Borough at the effective date of this chapter. However, all preexisting systems shall be required to install a fifteen-foot chimney as set forth in §
274-4. The existing systems may not be replaced, and if they are not utilized for a period of one year, they will be deemed abandoned and must be removed.
The existing systems may not be replaced, and if they are not
utilized for a period of one year, they will be deemed abandoned and
must be removed. If an outdoor fuel-burning appliance is more than
50% torn down, physically deteriorated or decayed, any rebuilding
or restoration of said outdoor fuel-burning appliance shall be a violation
of this chapter. Once the preexisting system falls into disrepair,
it must be removed.
[Added 6-2-2010 by Ord.
No. 06-02-10-02]
The contracting police agency is authorized to assist the Code
Enforcement Officer to enforce the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
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 chapter 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 chapter in equity in the Court of Common
Pleas of Bradford County.