[Ord. 141, 2/3/2010, § 1]
1.
This Part applies to all outdoor burning furnaces, boilers and appliances
within the Township.
A.
This Part does not apply to grilling or cooking using charcoal, wood,
propane or natural gas in cooking or grilling appliances.
B.
This Part does not apply to burning in a stove, furnace, fireplace
or other heating device within a building or structure used for human
or animal habitation.
C.
This Part does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
[Ord. 141, 2/3/2010, § 2]
Whereas the Board of Supervisors of the Township has determined
that air pollution from outdoor solid fuel burning appliance may be
detrimental to the health, comfort, living conditions, welfare, and
safety of the citizens of the Township, it is hereby declared to be
the policy of the Township to safeguard the citizens of the Township
from such air pollution.
[Ord. 141, 2/3/2010, § 3]
Air Pollution Control Act, 35 P.S. § 4001 et seq.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid fuel fired outdoor heating appliance.
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with, including,
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
EPA OWHH (Outdoor Wood-fired Hydronic Heater Program) Phase
1 Program or Phase 2 Program administered by the United States Environmental
Protection Agency.
An outdoor wood-fired hydronic heater that has been EPA OWHH
Phase 1 Program qualified. The model has met the EPA OWHH Phase 1
emission level and has the proper qualifying label and hangtag.
An outdoor wood-fired hydronic heater that has been EPA OWHH
Phase 2 Program qualified. The model has met the EPA OWHH Phase 2
emission level and has the proper qualifying label and hangtag.
Any equipment, device or apparatus which is installed, affixed
or situated outdoors, and not situate within a building intended for
habitation by humans or domestic animals, which is used for the primary
purpose of combustion of fuel to produce heat for energy as a heating
system, or component thereof, which provides heat or hot water to
the principal structure, to a structure used for human or animal habitation,
or to any accessory uses or structures, including, but not limited
to, greenhouses, conservatories and swimming pools.
[Ord. 141, 2/3/2010, § 4]
1.
Unless specific written approval has been obtained from the Pennsylvania
Department of Environmental Protection (DEP), the following materials
may not be burned in the Township under any circumstances:
A.
Rubbish or garbage including, but not limited to, food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, demolition debris or other household or business
wastes, including paper waste and cardboard.
B.
Waste oil or other oily wastes except used oil burned in a heating
device for energy recovery subject to applicable Pennsylvania DEP
regulations.
C.
Asphalt and products containing asphalt.
D.
Driftwood, treated or painted wood including but not limited to plywood,
composite wood products or other wood products that are painted, varnished
or treated with preservatives.
E.
Any plastic material including, but not limited to, nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, films and containers.
F.
Rubber including tires and synthetic rubber-like products.
G.
Any material that is not recommended for burning by the manufacturer
of the appliance.
[Ord. 141, 2/3/2010, § 5]
2.
Any existing noncomplying outdoor solid fuel burning appliance shall
be removed, replaced or modified within a period of 60 days from the
receipt of a notice generated from the Zoning Officer.
3.
Upon application for a waiver of the provisions of this Part, the
Board of Supervisors may grant a waiver of the provisions of this
Part after public hearing pursuant to the Local Agency Law, 2 Pa.C.S.A.
§ 751 et seq., provided that all of the following findings
be made, where relevant:
A.
There are unique physical circumstances or conditions (including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions peculiar to the particular
property) and that an unnecessary hardship is due to such conditions
and not the circumstances or conditions generally created in the neighborhood
in which the property is located.
B.
Because of such physical circumstances or conditions, a waiver is
necessary to enable the reasonable use of the property.
C.
Such unnecessary hardship has not been created by the property owner.
D.
The waiver, if authorized, will not alter the essential character
of the neighborhood nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
E.
The waiver, if authorized, will represent the minimum variance that
will afford relief and will represent the least modification possible
of the provisions of this Part.
F.
In granting a waiver, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this Part.
[Ord. 141, 2/3/2010, § 6]
1.
An outdoor solid fuel burning appliance may be used in the Township
only in accordance with the following provisions:
A.
An appliance shall not be used to burn any of the prohibited materials listed in § 10-204 of this Part. Only firewood, clean wood, untreated lumber, or pellets made from clean wood are permitted to be burned in any outdoor fuel burning appliance. Home heating oil, natural gas, propane or that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual fired outdoor wood burning boilers shall also be permitted.
B.
Any outdoor solid fuel burning appliance shall be located on a lot
of not less than one acre and shall be not less than 75 feet from
any lot line and shall not be less than 100 feet from any home not
served by the unit.
C.
Chimney Location. No person shall install an outdoor solid fuel burning
appliance unless it has a permanent attached stack with a minimum
stack height of 20 feet above the ground that also extends at least
two feet above the highest peak of any residence not served by the
unit located less than 150 feet from the outdoor solid fuel burning
appliance, unless the unit is Phase 2 compliant and manufacturer recommends
a lower stack height.
D.
Appliances.
(1)
All appliances shall comply with emissions standards as required
for outdoor solid fuel burning appliances, as promulgated by the Environmental
Protection Agency (EPA). For purposes of this Part, all emission standards
currently required by the EPA are hereby adopted by reference as well
as any amendments or modifications made to them hereafter.
(2)
No person shall use or operate a new or existing outdoor solid
fuel burning appliance unless it complies with all existing state
and local regulations. Some regulations of this commonwealth that
could apply include:
(a)
25 Pa. Code § 121.7-Prohibition of Air Pollution.
(b)
25 Pa. Code § 123.1-Fugitive Emissions.
(c)
25 Pa. Code § 123.31-Odor Emissions.
(d)
25 Pa. Code § 123.41-Visible Emissions.
(e)
Section 8 of the APCA, 35 P.S. § 4008-Unlawful Conduct.
(f)
Section 13 of the APCA, 35 P.S. § 4013-Public Nuisances.
E.
All appliances shall be installed, operated and maintained in strict
compliance with the manufacturer's instructions and guidelines for
the said appliance. In the event that a conflict arises between the
manufacturer's instructions and regulations and the regulations contained
in this Part, the stricter instructions or regulations shall apply.
F.
All ashes or waste must be disposed of in a manner approved by the
Township and/or the Pennsylvania Department of Environmental Protection.
G.
All appliances shall be used for the sole purpose of furnishing heat
and/or hot water to a dwelling or other structure pursuant to a permit
issued hereunder, including residential swimming pools and accessory
structures.
H.
In the event that the appliance is damaged more than 50%, or it is
physically deteriorated or decayed, the said appliance must be removed
and/or replaced with a new unit within 60 days of the date that notice
is received from the Township. In such event, all provisions of this
Part, including, but not limited to, permitting procedures, shall
be complied with.
I.
Outdoor solid fuel burning appliances shall be operated only between
October 1 and May 1 each year.
J.
Spark Arrestors. All outdoor solid fuel burning appliances shall
be equipped with properly functioning spark arrestors if recommended
by the manufacturer.
K.
Catalytic Converter. All outdoor solid fuel burning appliances installed
within the Township must be equipped with a properly functioning catalytic
converter, unless the unit is EPA OWHH Phase 1 or Phase 2 Program
qualified.
L.
The use of such outdoor solid fuel burning appliances must follow
all operating instructions supplied by the manufacturer.
M.
Installation of any electrical or plumbing apparatus or device used
in connection with the operation of an exterior furnace shall be in
conformity with all applicable electrical and plumbing codes and,
in the absence of such code, in conformity with the manufacturer's
installation specifications.
N.
Standards for installation shall also require the outdoor solid fuel
burning appliances be installed upon a nominal six-inch thick permanent,
reinforced cement pad in such dimension so as to allow a minimum of
six inches of exposed surface area along the perimeter of the pad.
O.
All stacks or chimneys must be so constructed to withstand high winds
or other related elements.
P.
The use of lighter fluids, gasoline or chemicals to start the furnace
is prohibited.
Q.
The appliance shall be located on a property with due consideration
to prevailing wind conditions.
R.
No person shall use or operate a new or existing outdoor solid fuel
burning appliance unless it complies with all existing state and local
regulations. Some regulations of this commonwealth that could apply
include:
(1)
25 Pa. Code § 121.7-Prohibition of Air Pollution.
(2)
25 Pa. Code § 123.1-Fugitive Emissions.
(3)
25 Pa. Code § 123.31-Odor Emissions.
(4)
25 Pa. Code § 123.41-Visible Emissions.
(5)
Section 8 of the APCA, 35 P.S. § 4008-Unlawful Conduct.
(6)
Section 13 of the APCA, 35 P.S. § 4013-Public Nuisances.
S.
All outdoor solid fuel burning appliances shall comply with the standards
of EPA OWHH Phase 2 Program qualified models or better.
[Ord. 141, 2/3/2010, § 7]
1.
No person shall install, start or maintain any outdoor solid fuel
burning appliance without first obtaining a permit issued by the Township.
2.
Before a permit can be issued hereunder, an inspection of the proposed
installation shall be required. In addition, a site plan is required
showing the location of the proposed appliance on the property, location
and height of all existing structures on the adjacent properties,
and distances from the appliance to existing structures on the adjacent
properties. The manufacturer's specifications and instructions shall
also be furnished to the Township before a permit can be issued.
3.
A permit can only be issued if all requirements contained in this
Part are strictly complied with.
4.
Any violation of the aforementioned conditions shall be deemed a
violation of this Part. Any violation of this Part or the issued permit
shall void the permit.
5.
The fee for a permit shall be determined by resolution of the Board
of Supervisors from time to time pursuant to the Township Fee Schedule.
6.
Any resident who has secured a permit to install an outdoor solid
fuel burning appliance in so doing will also be agreeing to allow
the Township Zoning Officer or any person designated by the Township
to inspect the furnace if a written complaint is filed relative to
a violation of this Part.
7.
Upon sale or transfer of any real property, the permit shall be renewed.
All appliances not meeting applicable emissions, setback or chimney
height requirements shall be replaced, removed or rendered permanently
inoperable.
[Ord. 141, 2/3/2010, § 8]
A person utilizing or maintaining an outdoor solid fuel burning
appliance shall be responsible for all fire suppression costs and
any other liability resulting from damage caused by a fire.
[Ord. 141, 2/3/2010, § 9]
Any authorized officer, agent, employee or representative of
the Township Zoning and Codes Office, who presents credentials, may
inspect any property for the purpose of ascertaining compliance with
the provisions of this Part. If access is denied, access shall be
obtained pursuant to applicable laws of the Commonwealth of Pennsylvania.
[Ord. 141, 2/3/2010, § 10; as amended by A.O.]
1.
The Zoning and Codes Officer of the Township is authorized to enforce
any provisions of this Part.
2.
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, including
reasonable attorney's fees incurred by the Township as a result thereof
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.
3.
This Part shall be governed by the laws of the Commonwealth of Pennsylvania.
