[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
The purposes of this Part are to prevent private and public
nuisances caused by outdoor fires deliberately or carelessly set and
maintained; to avoid unnecessary calls and false alarms to fire companies;
to protect respiratory health of Township residents; to provide for
public safety; and to minimize adverse impacts on neighboring properties
created by inappropriate location and improper construction or installation
of solid fuel furnaces.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
Certain words and phrases shall have the following meanings:
Any vertical structure enclosing a flue or flues that carry
off smoke, fumes or exhaust from an outdoor fuel burning appliance,
especially that part of such structure extending above the roof.
Trees, shrubs, and other native vegetation which are cleared
from land during timber harvest, land clearing, or during or prior
to construction.
Any fire contained in an incinerator, fireplace designed
for outdoor cooking, recreational fire pit, fireproof container or
metal or masonry constructed enclosure.
New Year's Day, Good Friday, Easter Sunday, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
Any equipment, device, appliance, apparatus or structure which is installed, affixed, or situated outdoors which is used 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 or water source, greenhouse or swimming pool. For purposes of this Part and any other ordinance or regulation applicable in the Township of Montour, including, but not limited to, Chapter 27, Zoning, and Uniform Construction Code, outdoor solid fuel furnaces shall be considered structures and accessory uses.
Any individual, public or private partnership or corporation
for profit or not for profit, association, firm, trust, estate, department,
board, bureau, or agency of the Commonwealth of Pennsylvania or the
federal government, political subdivision, district, authority, or
any other legal entity whatsoever which is recognized by law as the
subject of any of the requirements of this Part.
A contained fire as further defined in § 7-111.
An individual 18 years of age or older, who is not under
the influence of drugs or alcohol or suffering from any other disability
which would impair his or her ability to properly supervise a fire.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any fire except a "contained fire."
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
1.
No fire shall be set or maintained within 20 feet of any building.
2.
No fire shall be set or maintained on any public road or public property.
3.
No fire shall be set or maintained that may endanger any building
or property.
4.
No fire shall be set or maintained which affects neighboring properties
by discharging obnoxious odors, dense smoke or fly ash.
5.
The burning of any garbage, vegetable waste, rubber, plastics, furniture,
glass, metal, car products or any other material which will create
nauseous or noxious fumes, dense smoke, toxic chemicals or excess
fly ash is specifically prohibited.
7.
After the effective date of this Part, no person shall construct,
install, or establish an outdoor solid fuel furnace unless such person
has secured from the Township Zoning Officer a permit which documents
that such installation will be in full compliance with this Part and
all other applicable rules and regulations.
8.
All outdoor solid fuel furnaces shall be manufactured, laboratory
tested and certified in accordance with appropriate safety standards
such as UL (Underwriters Laboratories), CAN/CSA (Canada National Standard/Canadian
Standards Association), or ANSI (American National Standards Institute)
standards or other appropriate standards.
9.
All such facilities shall be constructed, established, installed,
operated and maintained in accordance with manufacturer's instructions
and requirements of this Part. In the event of a conflict between
the manufacturer's instructions and this Part, the stricter requirement
shall apply.
10.
Outdoor solid fuel furnaces shall not be used to burn materials other
than those recommended by the manufacturer and shall be specifically
be prohibited from burning rubbish, garbage, food waste, packaging
materials, paint, painted wood and materials, furniture, paper, household
or business waste, waste oil, asphalt products, shingles, composite
wood products, plywood, plastic, polystyrene, foam, synthetic rubber,
tires, wood products treated with preservatives or petroleum, railroad
ties and such other materials as may contain or generate toxins or
hazardous substances.
11.
No outdoor solid fuel furnace shall be constructed or operated within
150 feet from any property boundary line.
12.
Any outdoor solid fuel furnace shall have a minimum chimney height
as specified by the manufacturer, measured from the base of the furnace
to the exhaust opening of the chimney.
13.
All outdoor solid fuel furnaces shall comply with the air emissions
standards for outdoor solid fuel furnaces as promulgated by the U.S.
Environmental Protection Agency or Pennsylvania Department of Environmental
Protection.
14.
All outdoor solid fuel furnace waste and ash shall be disposed of
in a manner consistent with the requirements of the Pennsylvania Department
of Environmental Protection.
15.
Any officer, employee, or agent of Montour Township shall be permitted
to inspect any property on which an outdoor solid fuel furnace is
located for the purpose of ascertaining compliance with the provisions
of this Part.
16.
Outdoor solid fuel furnaces shall be dismantled, removed entirely
from the property, and the site restored to a safe condition within
90 days after its use has been discontinued or upon inspection and
determination by the Township Code Enforcement Officer that the outdoor
solid fuel furnace poses a safety or health hazard.
17.
The Township shall have the right to enter the property and take
ash samples to ascertain whether prohibited materials have been burned
in the outdoor solid fuel furnace. Should it be determined that prohibited
materials have been burned, the Township may order dismantling and
removal of the outdoor solid fuel furnace and restoration of the site.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
1.
Outdoor heating devices which do not involve the combustion of solid
fuels, such as cooking stoves, heat pumps, solar energy devices, or
other heating devices utilizing electricity, oil, propane or natural
gas as fuels are not considered "outdoor solid fuel furnaces" for
the purposes of this Part and are, therefore, exempt from regulation
hereunder.
2.
Permanent masonry fireplaces and grilles used exclusively for cooking
shall not be considered "outdoor solid fuel furnaces" and are exempt
from the requirements of this Part.
3.
All outdoor solid fuel furnaces, as defined herein, existing within the Township on the effective date of this Part for which a zoning permit had been issued, shall be inspected within 90 days of the effective date of this Part to ascertain whether the preexisting outdoor solid fuel furnace operation complies with § 7-103(10) and (11).
4.
Placing and outdoor solid fuel furnace within a separate structure
does not exempt said outdoor solid fuel furnace from any of the requirements
of this Part.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
1.
In order to obtain a permit for an outdoor solid fuel, furnace the
property owner shall be required to submit an application and a site
plan showing:
A.
The proposed location of the furnace on the property, and the distances
from that location to the boundary lines of the property. Such information
may be depicted on an aerial photograph of the specific parcel obtained
using Columbia County on-line mapping tools (www.columbiapa.org).
If such map is used and if setback distance from the property line
is closer than 165 feet (with 15 feet being the assumed margin of
error) using the on-line County mapping tools, the applicant shall
confirm the actual property boundary on the ground and measure the
distance for purposes of this requirement.
B.
A copy of the manufacturer's specifications and instructions
for installation and operation;
C.
Payment of the permit fee as may be established by the Township.
2.
Following installation of the outdoor solid fuel furnace, and prior
to any operation thereof, the property owner shall promptly contact
the Township and schedule a site inspection of the furnace and appurtenant
structure and facilities as installed to verify compliance with all
requirements of this Part and other applicable regulations. Upon verification
of satisfactory installation and compliance with all requirements,
authorization to operate the furnace shall be issued to the property
owner.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
1.
Contained fires shall be used only to burn readily combustible material.
2.
Contained fires shall be permitted only on Tuesday, Thursday and
Saturday of each and every week from sunrise to sunset and only when
the fire is maintained more than 150 feet from any property line or
roadway. If permitted day of burning falls on a legal holiday, no
burning shall be allowed.
3.
All contained fires shall be completely extinguished by sunset.
4.
The above limitations shall not apply to barbecues or other outdoor
cooking.
5.
No contained fires shall be maintained unless constantly attended
by at least one responsible adult. Means of controlling the fire shall
be readily available.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
1.
No uncontained fire shall be maintained unless constantly attended
by at least one responsible adult. Means of controlling the fire shall
be readily available.
2.
Uncontained fires shall be permitted only on Tuesday, Thursday and
Saturday of each and every week from sunrise to sunset and only when
the fire is maintained more than 150 feet from any property line or
roadway. If permitted day of burning falls on a Legal Holiday, no
burning shall be allowed.
3.
No less than 48 hours prior to the start of any uncontained fire,
the property owner shall notify both the Montour Township Code Enforcement
Officer and the Montour Township Fire Department.
4.
Uncontained fires shall only be permitted for the purposes of burning
clearing and grubbing waste and yard waste.
5.
All uncontained fires shall be completely extinguished by sunset.
6.
Large uncontained fires consisting of clearing and grubbing waste
where it is not feasible to extinguish the fire prior to sunset shall
be permitted so long as the fire is completely surrounded by an earthen
berm capable of prohibiting the spread of the fire.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
The Board of Supervisors may ban all or some contained and uncontained
fires, when, in its opinion, weather conditions make such burning
hazardous to the health, safety and welfare of persons and property.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
Any person operating or maintaining an outdoor solid fuel furnace
shall be responsible for all fire suppression costs and any other
liability resulting from damage caused by a fire originating in such
furnace.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
1.
Any person, firm or corporation who shall violate any of the provisions
of this Part, upon conviction in a summary proceeding, shall pay a
fine or not less than $25 and not more than $1,000 and/or suffer imprisonment
for a period of not less than 90 days.
2.
In addition to the above penalties, any person, firm or corporation
who violates any provision of this Part may be enjoined by appropriate
legal proceedings.
[Ord. No. 10/11/2001, §§ 101, 201-208, 301-303; as amended 3/21/2019]
1.
Contained fires may be set for recreational purposes pursuant to
the following specific conditions:
A.
Only Wood Shall Be Burned. No excessive smoke or nauseous or noxious fumes are permitted. Recreational fires shall comply with § 7-103(4) of this Part.
B.
Recreational fires shall be contained in a pit or enclosure made
of noncombustible material such as iron, steel, masonry or stone.
Said enclosure must be located not closer than 20 feet to any structure.
A recreational fire enclosure shall be no more than three feet high
and four feet wide.
C.
Means of controlling the fire shall be readily available.
D.
The fire shall be maintained by a responsible adult at all times.
2.
Recreational fires shall be extinguished thoroughly before leaving
the area or by 11:00 p.m.
3.
Only grills or barbecues fueled by wood, charcoal, liquid propane
gas and/or natural gas are permitted for the purposes of preparing
food.
