The following words or phrases, as the same are used herein
or as the same appear in the context hereof, unless otherwise indicated,
shall have the following meanings ascribed to them in this section:
APPLIANCE
An outdoor wood-fired boiler and all appurtenances thereto,
including, but not limited to, all equipment and all components necessary
to and used in connection with the installation, use and maintenance
of the outdoor solid-fuel furnace.
EXISTING APPLIANCE
An appliance that has been installed, constructed, used and
maintained on or before the effective date of this chapter.
NEW APPLIANCE
An appliance that has been installed, constructed, used and
maintained after the effective date of this chapter.
OUTDOOR SOLID-FUEL FURNACE
Any equipment, structure, device or associated apparatus
and related appurtenances which are installed, affixed, or situated
outdoors for the primary purpose of the combustion of approved solid
fuels to produce heat or energy by the distribution, through pipes,
of a fluid heated in the device and used as the primary or secondary
or supplementary heating system, which provides heat for interior
space and/or domestic water within a structure located on residential
premises, and is not located within the structure to be heated or
to be provided with hot water.
PERSON
Any individual, firm, partnership, corporation, association,
institution, governmental entity or agency, enterprise or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
SETBACK
The minimum horizontal distances between the front right-of-way
line or rear or side lines of any lot or parcel of land. When two
or more lots under one ownership are used, the exterior property line
so grouped shall be used in determining a setback.
STRUCTURE
A building constructed and used for human habitation, housing
of farm animals or storage of equipment or materials of whatever nature.
Nothing contained herein shall authorize or allow burning and
emissions from or burning or combustion associated with or generated
by appliances, which acts and conditions are or may in the future
be prohibited by codes, laws, rules or regulations promulgated by
the United States Environmental Protection Agency, the Pennsylvania
Department of Environmental Protection, or any other federal, state,
regional or local agency authorized to exercise jurisdiction over
air quality control management. All new appliances, and all electrical,
plumbing or associated equipment or appurtenances used in connection
with existing appliances, shall be installed, operated and maintained
in strict conformity with the manufacturers' installation specifications
and use instructions and any and all local, state and federal ordinances,
codes, laws, rules and regulations.
Before commencing any action in the nature of a violation of
this chapter, the Borough of Catawissa Zoning and Code Enforcement
Officer shall first give notice to the person charged with violating
this chapter. Such notice shall be in writing and shall be served
personally upon such person or by posting a copy of such written notice
on the premises or attaching a copy of the written notice to each
building or structure on the premises. In addition, a copy of the
written notice shall be sent by United States Postal Service certified
mail, return receipt requested, to the owner of the land, building,
structure or premises in or on which the appliances is located at
the owner's last known address. The notice shall specify that
failure to remedy the violation within 10 days of the date of personal
service or 12 days from the date of mailing may result in penalties
to be levied against the owner of the premises if the specified violations
are not remedied.
The Borough of Catawissa, and its agents, officers, officials
and representatives, shall not, under any circumstance, be liable
or responsible for damages caused to any person or property by the
registration of or the issuance of any permit under the provisions
of this chapter, or by reason of the construction, installation, maintenance,
or use of any registered or permitted appliance in compliance with
the terms and provisions of this chapter. The person who owns or uses
and maintains such registered or permitted appliances shall bear sole
liability for any damages or harm caused as a result thereof. The
foregoing shall be an express condition of the grant of any permit
hereunder, and this statement shall be printed conspicuously on the
face of all such registrations and permits, and the owner shall acknowledge,
in writing, this notice of the Borough's exemption from liability
and the release of the Borough therefrom.