[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.
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.
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.
A fuel-burning device, also referred to as a wood-fired boiler,
designed to:
Burn wood or other approved solid fuels;
That the manufacturer specifies for outdoor installation or
installation in structures not normally occupied by humans (e.g. garages);
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
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.
A.
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:
(1)
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.
(2)
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.
(3)
Locate the outdoor wood-fired burner at least 100 feet from all property
lines.
(4)
Present evidence that the applicant has obtained a zoning permit
for the proposed outdoor wood-fired burner.
(5)
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.
(6)
Provide a copy of the manufacturer's specifications and instructions,
which the applicant agrees to comply with and not alter at any time.
(7)
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.
(8)
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.
B.
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.
A.
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.
B.
No person shall burn any of the following in an outdoor wood-fired
burner:
(1)
Any material not listed above.
(2)
Any substance that is not approved by the manufacturer of the outdoor
wood-fired burner.
(3)
Any wood that does not meet the definition of "clean wood."
(4)
Garbage.
(5)
Tires.
(6)
Lawn clippings or yard waste.
(7)
Materials containing plastic.
(8)
Materials containing rubber.
(9)
Waste petroleum products.
(10)
Paints and paint thinners.
(11)
Any type of paper.
(12)
Construction and demolition debris.
(13)
Plywood.
(14)
Particleboard.
(15)
Manure.
(16)
Animal carcasses.
(17)
Asphalt products.
(18)
Used cooking oil.
(19)
Any hazardous waste.
C.
The outdoor wood-fired burner shall at all times be operated and
maintained in accordance with manufacturer's specifications.
D.
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.
E.
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.
F.
Any ash or other byproducts of the operation of the wood-fired burner
shall be disposed of in accordance with any applicable law.
G.
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.
