[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing 12-19-2005 as Ch. 7
of the 2005 Code. Amendments noted where applicable.]
A.
Residences, commercial and industrial establishments situated within
the Borough are entitled to clean air and environmental circumstances
free of unreasonable dust, obnoxious odors, noxious fumes and smells,
as well as an environment free of stored debris and storage of combustible
fuels in adjacent or exposed exterior areas within densely populated
areas.
B.
This regulation shall provide for the requirements and limitations
of the installation of any exterior furnace or exterior burning device,
the primary purpose of which is to convert combustible fuel into a
heat or energy source for interior spaces for all residential, commercial
and industrial districts.
C.
The purpose of this chapter is to regulate external fuel-burning
devices as authorized under the Borough Code found at 8 Pa.C.S.A.
§ 1202(11).
[Added 8-7-2017]
As used in this chapter, the following terms shall have the
meanings indicated:
Any device, contrivance or apparatus or any part thereof
which is installed, affixed or situated out-of-doors for the primary
purpose of the combustion of fuel from which heat or energy is derived
and intended to be directed there from by conduit or other mechanism
into any interior space for the supply of heat or energy.
Any contrivance, apparatus or part thereof, including a boiler,
fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke
pipe, exhaust conduit and like devices used for the burning of combustible
fuels for the creation of heat or energy from an exterior location
into an interior location.
A.
Any exterior furnace or furnace device, exterior shall be situated
in any exterior location for the purpose of the combustion of any
fuel for the creation of heat or energy into any interior space and
any such system or component part thereof shall be permitted to be
operated in any zone within the municipality.
B.
Standards for the installation of any exterior furnace or furnace
device, exterior, in addition to any manufacturer's recommended
installation requirements, shall also require the following:
(1)
Installation upon a nominal six-inch-thick permanent, reinforced
cement pad in such dimension so as to allow a minimum of six inches
of exposed surface area along the perimeter of the pad.
(2)
Installation of a smokestack to a minimum height exceeding four feet
in elevation and higher than any neighboring structure, building or
wall that is adjacent to the location of the property where the exterior
furnace is located. The location of the exterior furnace must comply
with all setback regulations from all property lines and comply with
all separation distances from other structures on the premises as
may be imposed by Chapter 200, Zoning, of the Borough of Wyalusing
and the Building Code of the State of Pennsylvania.[1]
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(3)
Installation of any electrical or plumbing apparatus or device used
in connection with the operation of an exterior furnace shall be in
conformity with all applicable electrical and plumbing codes and,
in the absence of such code, in conformity with the manufacturer's
installation specifications.
(4)
Any exterior furnace or furnace device, exterior, installation abutting
another property shall maintain a setback a minimum of 20 feet distance
from the adjoining property line on all sides.
C.
Fuel substances permitted for combustion in an exterior furnace installation
shall be limited to the following:
(1)
Natural gas, propane, home heating oil, coal and wood.
D.
Fuel substances prohibited for combustion in an exterior furnace
installation shall include the following:
(1)
Industrial waste, rubber, plastic, used motor oil, toxic chemicals,
contaminated waste, yard waste, household garbage, cardboard and wastepaper,
animal waste and any material prohibited for combustion by federal
or state statute.
E.
No exterior furnace shall be utilized in any manner as a waste incinerator.
F.
Anyone installing an external fuel burning device or external heating
device designed to provide internal heat or energy shall pay a permit
fee of $100 to be set by resolution by Borough Council.
[Added 8-7-2017]
To the fullest extent required by federal or state statutes,
rules, regulations and in accordance with the manufacturer's
specifications, the installation, maintenance and use of any exterior
furnace or furnace device, exterior, as herein defined, shall be installed,
maintained and generated in conformity therewith.
This chapter shall in no way be construed nor is the same intended
to prohibit the installation, operation or use of exterior chimneys,
stove pipes or similar contrivances that are otherwise in conformity
with other federal or state laws, rules or regulations constituting
any part of any interior furnace system or interior stove system or
operation, or any system that provides the exhaust of waste heat,
smoke or similar substances from interior spaces.
Such units shall be installed and operated in a manner as will
not allow smoke or fumes to enter buildings on surrounding properties.
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the chapter. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable Attorney fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the chapter violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the chapter in equity in the Bradford County
Court of Commons.
In the event that any individual section or provision within
this chapter shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this chapter
shall remain in full force and effect.
