[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield 2-23-2017 by Ord. No. 211. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Middle Smithfield Township Outdoor Wood-Fired Burners Ordinance."
Words and phrases used in this chapter shall have the meanings set forth in this Section.
- CLEAN WOOD
- Wood that has no 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.
- CODE ENFORCEMENT OFFICER
- The Zoning Officer or other person appointed by the Board of Supervisors 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.
- OUTDOOR WOOD-FIRED BURNER
- A fuel-burning device, also referred to as a wood-fired boiler, designed to:
- A. Burn wood or other approved solid fuels;
- B. That the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g. garages);
- C. 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; and
- D. Has a rated thermal output of less than 350,000 Btu's per hour.
- 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.
- Middle Smithfield Township, Monroe County, Pennsylvania.
Any person desiring to install an outdoor wood-fired burner within the Township shall obtain a permit from the Code Enforcement Officer and shall pay a permit fee set by the Board of Supervisors by resolution. The applicant for such a permit shall:
Present a plan showing all the property lines, the locations of all dwellings or occupied buildings on adjoining properties, and the proposed location of the outdoor wood-fired burner. The minimum lot area of the lot on which the outdoor wood-fired burner may be located is two acres.
Locate the outdoor wood-fired burner at least 200 feet from any occupied structure not located on the lot on which the outdoor wood-fired burner will be located.
Locate the outdoor wood-fired burner at least 100 feet from all property lines.
Present evidence that the applicant has obtained a zoning permit for the proposed outdoor wood-fired burner.
Present evidence that the applicant has obtained a Uniform Construction Code permit for the installation of the outdoor wood-fired burner and its connection to the mechanical system of the structure it will serve.
Provide a copy of the manufacturer's specifications and instructions, which the applicant agrees to comply with and not alter at any time.
Demonstrate that the outdoor wood-fired burner has been laboratory tested and listed to appropriate safety standards such as UL (Underwriters Laboratories) or ANSI (American National Standards Institute) standards.
Demonstrate that the installation and proposed use of the wood-fired burner complies with all regulations promulgated by the United States Environmental Protection Administration, the Pennsylvania Department of Environmental Protection or other relevant state or federal agency.
The application shall be signed by all owners of the lot on which the outdoor wood-fired burner will be located and the contractor installing the outdoor wood-fired burner.
The only substances that may be burned in an outdoor wood-fired burner are clean wood, wood pellets made from clean wood, 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-fired burners.
No person shall burn any of the following in an outdoor wood-fired burner:
Any material not listed above.
Any substance that is not approved by the manufacturer of the outdoor wood-fired burner.
Any wood that does not meet the definition of "clean wood."
Lawn clippings or yard waste.
Materials containing plastic.
Materials containing rubber.
Waste petroleum products.
Paints and paint thinners.
Any type of paper.
Construction and demolition debris.
Used cooking oil.
Any hazardous waste.
The outdoor wood-fired burner shall at all times be operated and maintained in accordance with manufacturer's specifications.
The outdoor wood-fired burner shall be maintained and operated in compliance with all regulations promulgated by the United States Environmental Protection Administration, the Pennsylvania Department of Environmental Protection or other relevant state or federal agency, including, without limitation, all emissions of air quality standards.
The emissions from the outdoor wood-fired burner shall not interfere with the reasonable enjoyment of life or property of neighbors, cause damage to vegetation or property of neighbors, or be harmful to human or animal health.
Any ash or other byproducts of the operation of the wood-fired burner shall be disposed of in accordance with any applicable law.
No person shall operate a wood-fired burner without first obtaining a required permit from the Township for installation of the wood-fired burner.
Any person who shall violate any provision of this chapter shall, upon conviction thereof in any action brought in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not less than $100 and not more than $1,000 plus costs. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
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 fire shall bear sole liability for any damages caused as a result thereof.
The Township chapter is intended to supplement federal and state regulation of wood-fired burners. In addition to the requirements of this Township chapter, the owner and operators of wood-fired burners in the Township are required by this chapter to comply with all federal and state regulation of wood-fired burners, which are incorporated by reference. Violation of those standards is a violation of this chapter. In the event of conflict between the requirements of this chapter and federal and state regulations of wood-fired burners, the stricter standard shall apply, unless prohibited by law, in which case the less strict standard shall apply.