This chapter shall be known as the "Moore Township Outdoor Solid Fuel Burning Appliance Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Moore 6-5-2012 by Ord. No. 2012-02. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid-fuel-fired outdoor heating appliance.
Natural wood that has no paint, stains, or other types of coatings, and natural wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
Any equipment, device or apparatus which is installed, affixed or situated outdoors, and not situated within a building intended for habitation by humans or domestic animals, which is used for the primary purpose of combustion of fuel to produce heat for energy as a heating system, or component thereof, which provides heat or hot water to the principal structure, to a structure used for human or animal habitation, or to any accessory uses or structures, including, but not limited to, greenhouses and conservatories.
A.
No person, owner and/or contractor shall hereafter install, or allow the installation or initiation of any work towards the installation of an outdoor solid-fuel-burning appliance without first obtaining a permit issued by Moore Township.
B.
The application and plan shall be accompanied by such fee as the Board of Supervisors may prescribe from time to time by resolution.
C.
In the event an applicant cannot comply with the strict requirements of this chapter, the applicant may apply to the Township Board of Supervisors for a waiver from the strict requirements of this chapter.
A.
Rubbish or garbage, including but not limited to food wastes or wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, demolition debris or other household or business wastes.
B.
Waste oil or other oily wastes except used oil burned in a heating device for energy recovery per applicable PA DEP regulations.
C.
Asphalt and products containing asphalt; any treated or painted wood products that are painted, varnished or treated with preservatives.
D.
Any types of plastics or plastic materials.
E.
Rubber, including tires, and synthetic rubber-like products.
F.
Any material that is not recommended by the manufacturer of the appliance.
G.
Wood or wood products that do not meet the definitions of "clean wood."
A.
Any outdoor solid-fuel-burning appliance shall be located on a lot of not less than two acres and shall not be less than 75 feet from any lot line.
B.
Any appliance shall have a minimum chimney height of 10 feet or the maximum height allowable by the manufacturer. If less than 20 feet, applicant must provide the Township with documentation from the manufacturer confirming the restriction.
C.
All appliances shall comply with emissions standards as promulgated by the Environmental Protection Agency (EPA). All emission standards currently required by the EPA are hereby adopted by reference as well as any amendments made to them hereafter.
D.
All appliances shall be installed, operated and maintained in strict compliance with manufacturers' instructions and guidelines. In the event of a conflict between the manufacturers' instructions and regulations and the regulations contained in this chapter, the most stringent regulations shall apply.
E.
All appliances shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure.
F.
In the event the appliance is damaged more than 50%, or is physically deteriorated or decayed, the appliance shall be removed and/or replaced with a new unit within 60 days of the date that notice is received from Moore Township.
A.
All owners/operators of existing outdoor solid-fuel-burning appliances shall apply for a permit for the appliance in accordance with the permit requirements within 60 days of the adoption of this chapter.
B.
Any and all existing outdoor solid-fuel-burning appliances shall be brought into full compliance with this chapter within 90 days from the effective date of this chapter.
C.
Any and all existing outdoor solid-fuel-burning appliances that do not comply with any provision of this chapter shall be registered as a nonconforming appliance.
A person utilizing or maintaining an outdoor solid-fuel-burning appliance shall be responsible for all fire suppression costs and any other liability resulting from damage caused by a fire.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any owner, person and/or contractor who shall violate any of the provisions of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. All fines collected for the violation of this chapter shall be paid to the Treasurer of Moore Township for the general use of Moore Township.
If any section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase or word in this chapter is declared by any reasons to be illegal, unconstitutional or invalid by any court of competent jurisdiction, that decision shall not effect or impair the validity of this chapter as a whole, or any other section, subsection, provision, regulation, limitation, sentence, clause, phrase, word or remaining portion of this chapter. It is hereby declared as the intent of the Board of Supervisors that this chapter would have been adopted had such unconstitutional, illegal or invalid provision thereof not be included herein.
All ordinances or parts of ordinances conflicting with the provisions of this chapter are hereby repealed insofar as they are inconsistent with this chapter.
This chapter shall become effective 30 days after the enactment date.