This chapter shall be known as the "Colebrookdale Township Outdoor Coal/Wood-Fired Burner/Furnace Ordinance."
[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 12-15-2014 by Ord. No. 2-2014. Amendments noted where applicable.]
Although outdoor coal/wood-fired burners/furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This chapter is intended to ensure that outdoor coal/wood-fired burners/furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of Colebrookdale Township.
As used in this chapter, the following terms shall have the meanings indicated:
Wood that does not have paint, stains, or other types of coatings, and wood that has not been treated with substances, including but not limited to, copper arsenate, creosote, or pentachlorophenol, and wood pellets made from clean wood.
Anthracite or bituminous black combustible rock mined from surface or shaft mines that is subsequently crushed or broken into smaller sizes for burning in a furnace or boiler.
The Zoning Officer or other person appointed by the Board of Commissioners to administer and enforce this chapter whose duties shall include responding to resident questions and complaints and performing other tasks as the Board of Commissioners may assign.
An outdoor coal/wood-fired burner/furnace that was purchased and installed prior to the effective date of this chapter.
A fuel-burning device intended to heat indoor building space or water, which meets the requirements for outdoor fuel-burning boilers enacted by the Commonwealth of Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired heating device or structure, including that part of the structure extending above a roof.
Any person desiring to install an outdoor wood-fired burner/furnace within Colebrookdale Township shall obtain a permit from the Code Enforcement Offer and shall pay a permit fee set by the Board of Commissioners by resolution.
A.
A permit issued pursuant to this chapter may be suspended as the Code Enforcement Officer or other person appointed by the governing body to administer and enforce this chapter may determine to be necessary to protect the public health, safety and welfare of the residents of Colebrookdale Township if any of the following conditions occur:
(1)
Malodorous air contaminants from the outdoor wood-fired burner/furnace are detectable outside the property of the person on whose land the outdoor wood-fired burner/furnace is located.
(2)
The emission from the outdoor wood-fired burner/furnace interferes with the reasonable enjoyment of life on neighboring property.
(3)
The emissions from the outdoor wood-fired burner/furnace cause damage to vegetation on neighboring property.
(4)
The emissions from the outdoor wood-fired burner/furnace are or may be harmful to human or animal health.
B.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided within this chapter.
If the owner of an existing outdoor coal/wood-fired burner/furnace does not receive a permit within one year of the effective date of this chapter, the outdoor wood-fired burner/furnace shall be removed and is subject to the regulations provided for in § 274-7 of this chapter.
A.
Any person desiring to install an outdoor coal/wood-fired burner/furnace within the municipality shall obtain a permit from the Code Enforcement Officer. The applicant for such a permit shall meet the following requirements:
(1)
Present a plan showing all property lines, the locations and distances of all dwellings or occupied buildings on adjoining properties, and the proposed location of the outdoor coal/wood-fired burner/furnace.
(2)
Locate the outdoor coal/wood-fired burner/furnace at least 250 feet from any occupied structure not located on the lot on which the outdoor wood-fired burner/furnace will be located.
(3)
Locate the outdoor coal/wood-fired burner/furnace at least 150 feet from all property lines.
(4)
Every outdoor coal/wood-fired burner/furnace shall have a stack or chimney equipped with a properly functioning spark arrestor. The height of the stack or chimney shall be that which is recommended by the manufacturer of the outdoor coal/wood-fired burner/furnace. In the event the manufacturer does not recommend a height for a stack or chimney, the height shall be 10 feet.
(5)
Present evidence that the applicant has obtained a Uniform Construction Code permit for the installation of the outdoor coal/wood-fired burner/furnace and its connection to the mechanical system of the structure it will serve.
(6)
Provide a copy of the manufacturer's specification and instructions, which the applicant agrees to comply with and not alter at any time.
(7)
Demonstrate that the outdoor coal/wood-fired burner/furnace has been laboratory tested and listed to comply with appropriate safety standards such as UL (Underwriters Laboratories) or ANSI (American National Standards Institute) standards.
B.
The application shall be signed by all owners of the lot on which the outdoor wood-fired burner/furnace will be located and the contractor installing the outdoor wood-fired burner/furnace.
If an outdoor coal/wood-fired burner/furnace is replaced or upgraded, a permit shall be required pursuant to § 274-4 of this chapter and shall, to the extent reasonably possible, comply with all sections of this chapter.
A.
The only substance that may be burned in an outdoor coal/wood-fired burner/furnace is coal or clean wood (see definitions, § 274-3 of this chapter).
B.
No person shall burn any of the following in an outdoor coal/wood-fired burner/furnace:
(1)
Any wood that does not meet the definition of "clean wood."
(2)
Tires.
(3)
Lawn clippings or yard waste.
(4)
Rubbish or garbage, including but not limited to food wastes, food packaging, or food wraps.
(5)
Materials containing plastic.
(6)
Materials containing rubber.
(7)
Waste petroleum products.
(8)
Paint and paint thinners.
(9)
Any type of paper/cardboard.
(10)
Construction and demolition debris (such as asphalt roofing shingles).
(11)
Plywood or other composite wood products.
(12)
Particleboard.
(13)
Manure.
(14)
Animal carcasses.
(15)
Asphalt products.
(16)
Used cooking oils.
C.
The outdoor coal/wood-fired burner/furnace shall at all times be operated and maintained in accordance with the manufacturer's specifications.
D.
The outdoor coal/wood-fired burner/furnace shall be maintained and operated in compliance with all emissions and air quality standards promulgated by the United States Environmental Protection Agency, the Pennsylvania Department of Environmental Protection or other relevant state or federal agency.
E.
Any ash or other by-products from the operation of the outdoor coal/wood-fired burner/furnace shall be disposed of in accordance with all applicable laws.
Outdoor coal/wood-fired burners/furnaces shall be operated only between October 1 and May 31.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Code Enforcement Officer. The Board of Commissioners shall appoint an individual, agency or firm to serve as the Code Enforcement Officer who shall be responsible for enforcing the terms of this chapter.
B.
Duties of Code Enforcement Officer.
(1)
Inspection. The Code Enforcement Officer, and any other individual representing the Township of Colebrookdale whose presence is necessary to complete the inspection, may inspect any premises, building or structure in accordance with § 274-11C of this chapter to determine whether or not a violation of this chapter exists.
(2)
Action. Whenever an inspection discloses a violation of this chapter, the Code Enforcement Officer shall prepare a report detailing the violation and a recommendation regarding how the violation can be corrected. The Code Enforcement Officer, upon authorization by the Board of Commissioners, shall issue a written notice to the owner and/or the occupant of the premises as set forth in § 274-11D along with a copy of the report.
C.
Inspections; permission. The Code Enforcement Officer, and any other agent so authorized by the Board of Commissioners, may inspect any premises to determine whether any violations of this chapter exist. Prior to entering upon any property to conduct an inspection, the Code Enforcement Officer shall obtain the permission of the owner or occupant of the property to conduct the inspection. If after due diligence, the Code Enforcement Officer is unable to obtain such permission, the Code Enforcement Officer shall have the authority to conduct the necessary inspection in accordance with this chapter and the applicable laws of the commonwealth, and, if necessary, petition a court of competent jurisdiction for a court order authorizing the inspection. If a court orders the inspection, the defendant named in the order shall reimburse the Township for the costs of filing the petition and reasonable attorney's fees.
D.
Notice of violation. Whenever an inspection discloses that a violation of this chapter exists, the Code Enforcement Officer shall, upon authorization by the Board of Commissioners, issue a Notice of Violation to the owner and/or occupant of the premises. The notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons why the notice is being issued.
(3)
Contain a copy of the Code Enforcement Officer's inspection report detailing the conditions constituting the violation, contain an outline of the remedial action required to come into compliance with this chapter and state a reasonable time to rectify the violation.
(4)
Inform the owner/occupant that should there be a failure to comply with the notice or request a hearing, the individual(s) will be subject to the penalties set forth in § 274-11F of this chapter, and the costs and expenses, including attorney's fees, of enforcing the terms of this chapter. Except in emergency cases, the notice shall be sent by registered mail, or personally delivered to the owner and/or occupant of the premises upon which the violation exists. Where the owner is absent from the Township, all notices shall be deemed to be properly served if a copy of the notice is served upon the owner personally, a copy of the notice is sent by registered to the last-known address of the owner, regardless of proof of receipt, and is posted in a conspicuous place on or about the premises affected by the notice or the owner is served with such notice by any other method authorized under the laws of the Commonwealth of Pennsylvania.
E.
Emergency cases. Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, safety and welfare, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is necessary to correct the violation and eliminate the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately.
F.
Penalties.
(1)
Any person who has violated or permitted the violation of any provisions of this chapter shall, upon judgment thereof issued by a court of competent jurisdiction, be ordered to pay a fine of not more than $600 for each day the violation exists after notice from Colebrookdale Township, together with the costs of suit and reasonable attorney's fees. All judgments, costs, interests and reasonable attorney fees collected for a violation of this chapter shall be paid over Colebrookdale Township. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure.
(2)
In addition to the fines, judgments, costs and attorney's fees set forth above, Colebrookdale Township reserves the right to pursue all other available remedies at law or in equity under the laws of the Commonwealth of Pennsylvania.
Colebrookdale Township, and its agents, officials and representatives, shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the issuance of any permit under the provisions of this chapter, or by reason of the conduct of any burning activity in compliance with the terms and provisions of this chapter. The person or party responsible for any such burning activity shall bear sole liability of any damages caused as a result thereof.
The provisions of this chapter are severable. If any sentence, clause or section is for any reason found to be unconstitutional, illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as the legislative intent that this chapter would have been adopted had such unconstitutional, illegal or invalid provisions not been included herein.
All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed.
This chapter shall take effect five days after the date of its enactment.