[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:
Flue or flues that carry off exhaust from an outdoor furnace
firebox or burn chamber.
An outdoor furnace that was purchased and installed prior
to the effective date of this chapter.
Natural wood or any fuel recommended by the manufacturer.
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.
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.
A device intended to prevent combustible materials, usually
sparks or other tiny flaming debris, from escaping into other areas.
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:
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.
