Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Township of Lower Merion, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Merion 5-21-1958 by Ord. No. 1233. Amendments noted where applicable.]
The Board of Commissioners finds that the emission of smoke, fumes and noxious odors and gases from chimneys, smokestacks and other sources results in the pollution of the air and is detrimental and harmful to the health, safety and welfare of the residents of the township; and it is necessary to provide for the control and regulation of air pollution and air pollution nuisances caused by the emission or escape of smoke, fumes and noxious odors and gases.
As used in this chapter, the following terms shall have the meanings indicated:
ALTERATION
Any work which involves change in either the capacity of fuel-burning equipment, the design of the furnace or the method of combustion, process or equipment capable of producing air pollution or affecting the emission or escape of smoke, fumes or noxious odors and gases.
IDENTIFICATION
A card bearing the name, residence and title of the holder and the municipal department of which he is an agent or employee, and an imprint of the seal of the township.
PERSON
Any individual, partnership, association or corporation.
REPAIR
Any work which requires the equipment to be wholly or partially dismantled and which results in the restoration of the equipment to its original state.
RINGELMANN CHART
The chart published and used by the United States Bureau of Mines, which is hereby made a part of this chapter by reference.
No person shall emit or cause or allow the emission or escape into the open air from any structure, machine, facility, plant or premises of smoke, fumes or noxious odors and gases, or any combination thereof, of a quantity or character which constitutes or which, in conjunction with the conduct of other persons, creates air pollution or an air pollution nuisance or violates any provisions of this chapter.
No person shall construct, reconstruct, convert, operate, add to or alter any installation, equipment or device, or the appurtenances thereto, which by their operation or maintenance will emit or cause or allow the emission or escape into the open air of smoke, fumes or noxious odors and gases, or any combination thereof, without the permit required by § 49-6 hereof, and without eliminating air pollution and air pollution nuisance.
No person shall emit or cause or allow the emission or escape into the open air from any fuel-burning equipment, furnace, chimney or smokestack (except a locomotive smokestack) of smoke the shade or appearance of which is equal to or darker than No. 2 of the Ringelmann Chart, except:
A. 
For a period or periods aggregating two minutes in any period of 15 minutes; and
B. 
That smoke the shade or appearance of which is equal to but not darker than No. 3 of the Ringelmann Chart may be emitted for a period of five minutes when a firebox is being cleaned or a new fire is being built in a cold boiler or furnace.
A. 
No person shall construct, reconstruct, convert, add to, alter or replace any installation, equipment or device, or appurtenances thereto, that produce, control, cause or may cause air pollution or any air pollution nuisance, unless he has obtained a permit from the Township Secretary and paid a fee as set forth in the Township Schedule of Fees, as adopted and amended from time to time by the Board of Commissioners;[1] provided, however, that:
[Amended 9-21-1977 by Ord. No. 1802]
(1) 
Minor or emergency repairs may be made without a permit.
(2) 
The provisions of this section shall not apply to any building or structure used exclusively for dwelling purposes and containing fewer than three dwelling units.
[1]
Editor's Note: For the current schedule of fees, see Ch. A167, Fees.
B. 
Any person applying for such permit shall submit to the Director of Building and Planning plans and specifications of the work to be done insofar as air pollution or an air pollution nuisance may be concerned and such other information as the Director requires.
[Amended 1-19-2002 by Ord. No. 3631]
C. 
A permit shall be obtained for each complete unit of boiler or fuel-burning equipment. In the case of a heating boiler, warm-air furnace or water heater with integral burners, oil burner or stoker, only one permit shall be obtained for the combined unit.
D. 
If any installation is not started within one year of the date of the issuance of the permit for it, the permit shall be void and any fee paid shall be forfeited.
E. 
Issuance of a permit shall not exempt any person from prosecution for violation of this chapter if the operation of the installation, equipment or device for which the permit was issued creates or results in air pollution or an air pollution nuisance.
F. 
In the event that an application for a permit is rejected by the Director of Building and Planning, the applicant shall have a right to appeal from his decision to the Board of Commissioners. Such appeal shall be in writing and shall be filed with the Township Secretary within 10 days after the decision of the Director of Building and Planning. The Board may reverse, modify or affirm the decision appealed from, as to it appears just and proper.
[Amended 1-19-2002 by Ord. No. 3631]
[Amended 1-19-2002 by Ord. No. 3631]
The Director of Building and Planning shall have the following powers and duties:
A. 
To investigate complaints, make observations of smoke and other air polluting conditions and air pollution nuisances and require the necessary and proper steps to minimize the effect, hazard or nuisance therefrom.
B. 
To examine applications, plans and specifications for the construction, reconstruction, conversion, addition or alteration of any installation, equipment or device that might or could produce air pollution or an air pollution nuisance, and to inspect installations and equipment for which a permit has been issued to see that installation is made in accordance with the permit.
C. 
To inspect from time to time any installation, equipment, devices and appurtenances thereto that may, can or do cause air pollution or an air pollution nuisance. For this purpose, the Director shall, upon proper identification, have the right to enter any premises from which smoke, fumes or noxious odors or gases are being emitted or have been emitted for the purpose of making an examination of the equipment; and no person shall deny admittance to the Director or interfere with him in the performance of his duty.
D. 
To recommend promptly to the Township Secretary the approval, modification or disapproval of an application for a permit.
E. 
To disseminate information to the public on air pollution reduction and control, and to enlist the cooperation of civic, trade, technical, scientific, educational, governmental and other organizations in the control and reduction of air pollution.
[Amended 8-3-1988 by Ord. No. 3104; 1-19-2002 by Ord. No. 3631]
Any person who shall violate any of the provisions of this chapter or who shall fail, neglect or refuse to comply with any decision or order of the Director of Building and Planning shall be liable, on conviction thereof, to a penalty not exceeding $1,000 for each and every offense; and whenever such person shall have been notified by the Director of Building and Planning, by the service of summons in a prosecution or in any other way, that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
In addition to any penalty imposed by this chapter, the proper officers of the township may apply to the Court of Common Pleas of Montgomery County for relief by injunction to enforce compliance with or restrain violation of any provision of this chapter.