[HISTORY: Adopted by the City Council of the City of Shamokin 3-15-1954 by Ord. No. 66 (Ch. 77 of the 1967 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any liquid used as fuel, having a flash point of not less
than 110° F., by closed-cup tester.
Any device designed for burning gas, provided the tank therefor
is of more than 100-pound capacity.
Any device designed and arranged for the purpose of burning or preparing to burn fuel as specified in § 259-1 of this chapter and having a tank or container with a capacity for more than 20 gallons connected thereto.
A.
It shall be unlawful for any person, firm, corporation or their agents
to install any oil-heating burner or gas-heating burner within the
City of Shamokin unless the provisions of this chapter are fully complied
with prior to such installation. Before an installation is made of
an oil- or gas-heating burner, an application addressed to the City
Clerk of the City of Shamokin, Pennsylvania, shall be first made,
in writing, by the person, firm, corporation or agent who desires
to make such installation, which application in every instance shall
be signed by the applicant.
B.
The said application shall specify the size, location, design and
method of operating any such burner or device or tank and the manner
of installation thereof, and the applicant shall submit with the said
application satisfactory evidence that the proposed installation complies
with the laws of this Commonwealth of Pennsylvania and the regulations
of the National Board of Fire Underwriters.
C.
The City Council may approve any oil- or gas-heating burner listed
by the Underwriters' Laboratory or any other nationally recognized
inspection board or laboratory. Oil- or gas-heating burners not listed
by the Underwriters' Laboratory or any other nationally recognized
inspection board or laboratory shall not be approved.
A.
For the purpose of this chapter, oil- or gas-heating equipment shall
consist of all equipment connected to oil- or gas-heating burners
and located within the building, including internal and external supply
or storage tanks, and provisions for filling and venting same, piping,
wiring and all accessories.
B.
Upon such application being presented by action of the Council, the
same may be referred to the City Engineer and Fire Chief or his designee
for investigation, who shall, at the request of the Council, make
examination of the proposed locations and installation applied for;
shall determine whether installation is in full compliance with the
laws of the State of Pennsylvania and the provisions of all ordinances
of the City of Shamokin. The City Engineer shall make a written report
to the Council of the result of his findings, and upon favorable action
of the Council on the situation and upon the report of the City Engineer,
the Mayor shall grant a permit for the oil or gas. Upon the approval
of such application and upon the payment of a fee of $25 for each
domestic burner or tank installed, and $50 for each commercial burner
or tank or pump installed, the Mayor shall grant proper permits for
the erection, installation and operation of such burners or devices
or tanks as applied for in the original application.
All installations of oil or gas heating equipment must be in
compliance with the specifications of the National Board of Fire Underwriters
which are now on file in the office of the City Clerk, which said
specifications are herein approved.
All pavements and streets that have been dug up for any installation
shall be replaced in good condition on any such permit.
All permits granted under this chapter shall be effective from
date thereof and for a period ending one calendar year thereafter.
If the applicant desires thereafter to continue the maintenance and
operation of said burner or device or tank, the holder of such permit
shall present the same to the City Clerk, and upon payment of a fee
of $5, the Mayor shall endorse thereon a renewal for a period of another
calendar year and so on until the said applicant shall show the Council
that they no longer use said devices or tanks or burners. Any person
or firm presently maintaining and operating an oil or gas burner or
device or tank as described in this chapter shall register the same
within a period of 30 days from the effective date of this chapter
with the City Clerk and receive therefor a permit for the same, and
which said permit shall be renewed annually upon the payment of a
fee of $5.
All fees paid for permits or renewals for the maintenance and
operation of these burners or devices and tanks issued under the provisions
of this chapter shall be paid into the general fund of the City Treasury.
Any permit granted under the provisions of this chapter may
be revoked, or renewal thereof refused, where it shall appear that
any such burner or device or tank has not been erected and installed
in compliance with the terms of this chapter.
The City Engineer and/or City Inspector shall make periodical
investigations on all devices or tanks hereinbefore set forth, within
the City limits, and shall report to the Council any violation of
the laws or rules committed or existing in connection therewith and
any causes found for revoking permits granted under the provisions
of this chapter.
Any person, firm, association, partnership or corporation who
shall hereinafter maintain, erect, operate or install any burner or
device or tank for domestic and commercial purposes for the use of
fuel oil or gas as aforesaid, in violation of this chapter and without
having first obtained a permit therefor as provided in this chapter,
shall forfeit and pay to the City of Shamokin, for the use of the
City of Shamokin, a fine of $100. Any firm, person, association, partnership
or corporation who shall hereinafter maintain or operate any such
burner or device or tank for domestic or commercial use of fuel oil
or gas without a permit for the same as herein required shall forfeit
and pay to the City of Shamokin, for the use of the City of Shamokin,
a fine of $10 for each and every violation; each violation shall be
taken to be completed on any day, and a repetition or continuance
of such maintenance or operation on any succeeding day or days shall
constitute separate and independent violations, each punishable by
a like penalty. The fines provided for herein shall be recoverable
by action before any Magisterial District Judge of the City of Shamokin,
and in default of payment thereof, with costs, the defendant shall
be imprisoned in the Northumberland County Jail for a period of one
day for each day of penalty or penalties and costs imposed and unpaid,
not exceeding, however, a total of 10 days in any one case.
No burner or device or tank as hereinbefore set forth shall
be moved or relocated without the written permission of the Council.
If any sentence, clause or section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses or sections
or parts of this chapter. It is hereby declared the intent of the
Council that this chapter would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included therein.
All ordinances and parts of ordinances inconsistent with this
chapter are hereby repealed insofar as they are in conflict with this
chapter.
This chapter shall go into effect immediately after the date
of adoption.
