[Ord. 2009-13, 2/12/2009, § 1]
For the purpose of this Part, the following terms, phrases, words, or their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number and the word "shall" is always mandatory and not merely directory:
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Swatara, Lebanon County, Pennsylvania.
CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired outdoor heating furnace or appliance.
DEP
The Pennsylvania Department of Environmental Protection.
OUTDOOR SOLID FUEL BURNING FURNACE OR APPLIANCE
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.
OWNER
A person owning, leasing, occupying, or having charge of any premises within the Township.
PERSON
A natural person, firm, partnership, association, corporation, company, club, copartnership, society, or organization of any kind.
TOWNSHIP
The Township of Swatara, Lebanon County, Pennsylvania.
[Ord. 2009-13, 2/12/2009, § 2]
1. 
This Part applies to all outdoor burning furnaces, boilers and appliances within the Township. It does not apply to the following uses:
A. 
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
B. 
Burning in a stove, furnace, fireplace or other heating device within a building or structure used for human or animal habitation.
C. 
Using of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
[Ord. 2009-13, 2/12/2009, § 3]
1. 
Unless specific written approval has been obtained from 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.
B. 
Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to applicable DEP regulations.
C. 
Asphalt and products containing asphalt.
D. 
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. 2009-13, 2/12/2009, § 4]
1. 
All owners/operators of existing outdoor solid fuel burning appliances shall apply for a permit for the appliance in accordance with the permit requirements contained in § 10-405, Subsection 1A, hereof within 60 days of the adoption of this Part.
2. 
If an existing outdoor solid fuel burning furnace or appliance is, through the course of a proper investigation by local authorities, creating a verifiable nuisance, as defined by local or state law, the following steps may be taken by the owner, Township and the appropriate department having jurisdiction:
A. 
Modifications made to the unit to eliminate the nuisance such as extending the chimney, or relocating the outdoor solid fuel burning furnace or appliance, or both.
B. 
Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor solid fuel burning furnace or appliance will not be a nuisance.
3. 
When an existing outdoor solid fuel burning furnace or appliance needs to be replaced, then the new unit needs to meet current ordinance requirements.
[Ord. 2009-13, 2/12/2009, § 5]
1. 
An outdoor solid fuel burning furnace or appliance may be used in the Township only in accordance with the following provisions:
A. 
Any outdoor solid fuel burning furnace or appliance shall not be used to burn any of the prohibited materials listed in § 10-403 of this Part.
B. 
All outdoor solid fuel burning furnaces or 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.
C. 
All outdoor solid fuel burning furnaces or appliances ashes or waste may be disbursed on the property where the appliance is located. Any large accumulation of ashes or waste must be disposed of in a manner approved by the Township and/or the DEP.
D. 
All outdoor solid fuel burning furnaces or appliances shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure on a single deeded property pursuant to a permit issued hereunder, including residential swimming pools.
E. 
In the event that the appliance is damaged more than 50%, or it is physically deteriorated or decayed, the said furnace or 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.
F. 
Fuel burned in any new or existing outdoor solid fuel burning furnace or appliance shall be only natural untreated wood, wood pellets, corn products or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup.
G. 
Setbacks for any new outdoor solid fuel burning furnace or appliance are as follows:
(1) 
The outdoor solid fuel burning furnace or appliance shall be located at least 50 feet from the property line.
(2) 
The outdoor solid fuel burning furnace or appliance shall be located at least 100 feet from any residence that is not served by the outdoor solid fuel burning furnace or appliance.
(3) 
The outdoor solid fuel burning furnace shall be located on the property in compliance with manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
H. 
Any outdoor solid fuel burning furnace or appliance shall have a minimum chimney height of 13 feet or the maximum height allowable by the manufacturer. If less than 13 feet, you must provide the Township with documentation from the manufacturer confirming the restriction. A waiver may be granted by the Supervisors under special circumstances.
I. 
Outdoor wood-pellet furnaces that are specifically designed to burn wood pellet fuel, corn, or other biomass pellets with metered fuel and air feed and controlled combustion engineering shall be installed per the manufacturer's recommendations.
[Ord. 2009-13, 2/12/2009, § 6]
1. 
No person shall install, start or maintain any outdoor solid fuel burning furnace or appliance without first obtaining a permit issued by the Township.
2. 
Permit applications shall be submitted to the Township Secretary on forms available from the Township Secretary. Accompanying the application shall be a site plan showing the location of the proposed appliance on the property, location and height of all existing structures on the property, and distances from the appliance to existing structures on the property. The manufacturer's specifications and instructions shall also be furnished to the Township before a permit can be issued.
3. 
Permit applications shall be submitted in person or by mail to the Township Secretary, shall be signed by the applicant, shall be accompanied by a check or money order payable to Swatara Township in the amounts set forth by the Township Board of Supervisors in resolutions determining issuance and/or inspection fees, and shall be submitted to the Township at least 45 days prior to the anticipated installation date.
4. 
Issuance and/or inspection fees shall be used to defray costs incurred by the Township in reviewing and processing the application and plan as well as inspections to insure completion of installation and compliance with the permit issued under this Part.
5. 
Before a permit can be issued hereunder, an inspection of the proposed installation shall be required.
6. 
A permit can only be issued if all requirements contained in this Part are strictly complied with.
7. 
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.
8. 
Permits to be issued by the Township's Board of Supervisors, or its designee.
[Ord. 2009-13, 2/12/2009, § 7]
A person utilizing or maintaining an outdoor solid fuel burning furnace or appliance shall be responsible for all fire suppression costs and any other liability resulting from damage caused by a fire.
[Ord. 2009-13, 2/12/2009, § 8]
1. 
The Board of Supervisors determines this Part to be a building, housing, property maintenance, health, fire, and public safety ordinance.
A. 
Any person who violates any provision of this Part shall be subject to civil enforcement and a fine not to exceed $600 per violation and/or criminal enforcement, as a summary offense, with a criminal fine not to exceed $1,000 per violation and imprisonment not to exceed 30 days. Each day that a violation of this Part continues to exist shall constitute a separate offense. Such civil enforcement, criminal enforcement, and fines shall be in accordance with provisions of 53 P.S. 66601, as amended.
B. 
The Board of Supervisors may direct the removal, repair, or alterations to any such dangerous structure, furnace or appliance by the owner or occupier of the premises, and in default of which the Board of Supervisors may cause the same to be done, and collect the cost thereof, together with a penalty of 10% of such cost, and attorney's fees of 5% of the claim, and may pursue collection in the manner of municipal claims, or by an action of assumpsit, or by an action in equity, to compel the owner or occupier of the premises to comply with the terms of any notice of violation, or seek any such other relief as a court of competent jurisdiction is empowered to afford.
[Ord. 2009-13, 2/12/2009, § 9]
1. 
This Part shall be enforced by the Swatara Township Code Enforcement Officer, or by any other person designated, subsequent to the enactment of this Part, by resolution adopted in public session by the Swatara Township Board of Supervisors.
2. 
The Enforcement Officer is authorized to perform all duties necessary and appropriate to be performed in the view of Swatara Township related to this Part including, but not necessarily limited to, making all necessary inspections, and enforcement of violations and penalties.