[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 6-18-2008 by Ord. No. 1074. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Outdoor Furnace Ordinance of 2008."
The following words, terms and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
CHIMNEY
Flue or flues that carry off exhaust from an outdoor furnace firebox or burn chamber.
EXISTING OUTDOOR FURNACE
An outdoor furnace that was purchased and installed prior to the effective date of this chapter.
FUEL
Natural wood or any fuel recommended by the manufacturer.
NATURAL WOOD
Wood which has not been painted, varnished or coated with a similar material, has not been pressure-treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
OUTDOOR FURNACE
Any equipment, device, apparatus, or any part thereof, which is installed, affixed, situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space.
SPARK ARRESTOR
A device intended to prevent combustible materials, usually sparks or other tiny flaming debris, from escaping into other areas.
WASTE INCINERATOR
A unit or facility used to burn trash and other types of waste until it is reduced to ash.
A. 
Installation, use and operation shall comply with all applicable county, state and/or federal laws, regulations and guidelines as well as applicable building and other ordinances of the Borough of Waynesboro.
B. 
Outdoor furnaces are prohibited in the Downtown Business District (DBD), Town Center District (TC), General Commercial/Office District (GC), and the Hospital/Office District (HO).
C. 
Outdoor furnaces shall only be used on lots or parcels of land of 12,000 square feet or more.
D. 
Outdoor furnaces shall be equipped with a properly functioning spark arrestor.
E. 
If an existing outdoor furnace 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 and the appropriate department having jurisdiction:
(1) 
Modifications made to the unit to eliminate the nuisance such as extending the chimney, or relocating the outdoor furnace.
(2) 
Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor furnace will not be a nuisance.
F. 
Use of the outdoor furnace shall be limited to October 1 through May 1.
[Added 11-18-2009 by Ord. No. 1089]
Outdoor furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:
A. 
Only natural untreated wood or fuel recommended by the manufacturer shall be burned in any new or existing outdoor furnace.
B. 
Outdoor furnaces shall not be used as a waste incinerator. The following fuels are strictly prohibited in new or existing outdoor furnaces:
(1) 
Wood that has been painted, varnished or coated with similar material and/or has been pressure-treated with preservatives and contains resins or glues as in plywood or other composite wood products.
(2) 
Rubbish or garbage, including but not limited to food wastes, food packaging and food wraps.
(3) 
Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(4) 
Rubber, including tires or other synthetic rubber-like products.
(5) 
Newspaper, cardboard, or any paper with ink or dye products.
(6) 
Any other items not specifically allowed by the manufacturer in this product.
C. 
Setbacks for outdoor furnaces.
(1) 
Outdoor furnaces shall be set back at least 20 feet from the nearest lot line and 100 feet from the nearest residential structure not on the lot where the outdoor furnace is located.
(2) 
The use of lighter fluids, gasoline and chemicals to start the outdoor furnace is prohibited.
(3) 
If the outdoor furnace is located within 300 feet of any residence not served by the furnace, the chimney must be two feet taller than the peak of any such residence.
Any person who violates any provision of this chapter, any order of the Borough of Waynesboro, or any condition or term of any municipal permit issued pursuant to this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 for each separate offense and/or may be sentenced to imprisonment not to exceed 90 days for each separate offense. The Borough of Waynesboro's Police Department or the Code Enforcement Officer is authorized to issue or file citations for summary violations under this chapter, and the Borough of Waynesboro's Solicitor is hereby authorized to prosecute these offenses. For purposes of this section, a summary offense may be prosecuted before any Magisterial District Judge for the Borough of Waynesboro.