[HISTORY: Adopted by the Board of Supervisors of the Township of Kidder 6-19-2008 by Ord. No. 135. Amendments noted where applicable.]
This chapter shall be known as the "Outdoor Fired Burner, Boiler and/or Furnace Ordinance."
Whereas, Section 15.06 of the Second Class Township Code as amended permits Township of the Second Class to make regulations as may be necessary for health, safety, morals, general welfare, cleanliness and to protect the beauty, convenience, comfort and safety of the Township and its citizens; and whereas, the Board of Supervisors of the Township of Kidder wish to regulate outdoor fire burner, boiler and/or furnaces for purposes of health, safety, morals, general welfare and general cleanliness of the Township and its residents; and all outdoor burning is strictly regulated because of the adverse effects to the environment and the detrimental impact on the health, safety and general welfare of the population.
As used in this chapter, the following terms shall have the meanings indicated unless the context clearly indicates that a different meaning is intended:
- CLEAN WOOD
- Wood that has no paint, stains, or other types of coatings and wood that has not been treated with substances, including but not limited to, cooper arsenate, creosote, or pentachlorophenol, and wood pellets made from clean wood.
- CODE ENFORCEMENT OFFICER
- A person appointed by the Township to administer and enforce this chapter.
- OUTDOOR FIRED BURNER, BOILER AND/OR FURNACE
- Fuel-burning devices designed to burn wood or other approved solid fuels; that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and heats building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.
- 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.
- The Township of Kidder, Carbon County, Pennsylvania.
Any person desiring to install an outdoor fired burner, boiler and/or furnace within the Township shall obtain a permit from the Code Enforcement Officer. The applicant for such a permit shall:
Present a plan showing all property lines, the locations of all dwellings or occupied buildings on adjoining properties, and the proposed location of the outdoor fired burners, boilers and/or furnaces. The minimum lot area of the lot on which the outdoor fuel burners, boilers and/or furnaces may be located is three acres.
Locate the outdoor fired burner, boiler and/or furnace at least 1,000 feet from any occupied structure not located on the lot on which the outdoor fired burner, boiler and furnace will be located.
Located the outdoor fired burner, boiler and/or furnace at least 300 feet from all property lines.
Present evidence that the applicant has obtained any other permits for the proposed outdoor fired burner, boiler and/or furnace as maybe required in addition to the permits set out herein.
Demonstrate that the chimney of the outdoor fired burner, boiler and/or furnace is no less than manufacturer's specifications in height or five feet in excess of the height of any occupied structure within 1,000 feet not located on the lot on which the outdoor fired burner, boiler and/or furnace will be located.
Provide a copy of the manufacturer's specification and instructions, which applicant agrees to comply with and will not alter at any time.
Demonstrate that the outdoor fire burner, boiler and/or furnace have been laboratory tested and listed to appropriate safety standards such as UL (Underwriters Laboratories) or ANSI (American National Standards Institute) standards.
The application shall be signed by all owners of the lot on which the outdoor fired burner, boiler and/or furnace will be located and the contractor installing the outdoor fired burner, boiler and/or furnace.
Each person who owns a lot on which an outdoor fired burner, boiler and/or furnace is located and each person who occupies a lot on which an outdoor fired burner, boiler and/or furnace is located shall be responsible to insure that the outdoor fired burner, boiler and/or furnace is operated in accordance with all requirements of this section.
The only substance that may be burned in outdoor fired burner, boiler and/or furnace is clean substances which are approved for the unit.
No person shall burn any of the following in outdoor fired burner, boiler or furnace:
Any wood that does not meet the definition of clean wood.
Lawn clippings or yard waste.
Materials containing plastic.
Materials containing rubber.
Waste petroleum products.
Paints and paint thinners.
Any type of paper.
Construction and demolition debris.
Salt water driftwood.
Used cooking oils.
The outdoor fired burner, boiler and/or furnace shall at all times be operated and maintained in accordance with manufacturer's specifications.
The outdoor fired burner, boiler and/or furnace shall be maintained and operated in compliance with all emissions of air quality standards promulgated by the U.S. Environmental Protection Agency or other relevant state and federal agency having jurisdiction.
The emissions from the outdoor feed burner, boiler and/or furnace shall not be detectable beyond the lot on which the outdoor fired burner, boiler and/or furnace is located, interfere with the reasonable enjoyment of life or property of neighbors, cause damage to vegetation or property of neighbors, or be harmful to human and animal health.
The outdoor fired burner, boiler and/or furnace shall not be operated before October 1 or after April 30 of each calendar year.
Commencing upon the effective day of this chapter, prior to August 1 of each calendar year the owner of the lot upon which an outdoor fired burner, boiler and/or furnace is located shall apply for an operating permit which shall be valid for the period from September 1 through August 31 of the following calendar year. The owner shall pay all fees imposed by the Township for the application for such operating permit and the inspection of the outdoor fired burner, boiler and/or furnace to be determined compliance with this part.
Any person who shall violate any provision of this chapter, shall upon conviction thereof in an action brought in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 and not more than $1,000 plus costs. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
The 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 fire shall bear sole liability for any damages causes as a result thereof.
Any person aggrieved hereunder shall have the right to file an appeal from any action, decision or ruling of the Code Enforcement Officer or other agent of the Township charged with enforcement of the chapter may be made to the Board of Supervisors.
Request for all appeals shall be made in writing to the Board of Supervisors no later than 20 days of the act, decision or ruling from which relief is sought.
Appeal fees. Appeal fees maybe established by resolution. If no fee is established by resolution the fee shall be $400.
Public hearing. The public hearing shall be held within 60 days after receiving the written request. The Board of Supervisors shall hold the public hearing on the appeal with prior notice published in a newspaper of general circulation in the Township at least seven days before the hearing and specifying the date, place, time and purpose of the hearing.
Decision of Board of Supervisors. Within 60 days of the final adjournment of the public hearing the Board of Supervisors shall affirm, modify or deny the action, decision or ruling of the Code Enforcement Officer or other officials charged with enforcement and interruption of this chapter. The Decision of the Board of Supervisors shall be in writing. As part of the Decision the Board of Supervisors shall direct the Officer to issue any appropriate permit in conformity with its ruling and shall state a time in which the permit shall be issued in conformity with this chapter.
Criteria for variances. In making a determination the Board of Supervisors shall take into consideration the benefit to nearby properties that will be created by the benefit of granting the variance:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance;
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance;
Whether the requested variance is substantial; and
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Supervisors but shall not necessarily preclude the granting of the variance.