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.
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.
PERSON
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.
TOWNSHIP
The Township of Kidder, Carbon County, Pennsylvania.
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.
A. The only substance that may be burned in outdoor fired
burner, boiler and/or furnace is clean substances which are approved
for the unit.
B. No person shall burn any of the following in outdoor
fired burner, boiler or furnace:
(1) Any wood that does not meet the definition of clean
wood.
(3) Lawn clippings or yard waste.
(4) Materials containing plastic.
(5) Materials containing rubber.
(6) Waste petroleum products.
(7) Paints and paint thinners.
(9) Construction and demolition debris.
C. The outdoor fired burner, boiler and/or furnace shall
at all times be operated and maintained in accordance with manufacturer's
specifications.
D. 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.
E. 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.
F. The outdoor fired burner, boiler and/or furnace shall
not be operated before October 1 or after April 30 of each calendar
year.
G. 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.