[Adopted 3-20-2007 by Ord. No. 1051]
A.
Residences, commercial and industrial establishments
situated within the Borough are entitled to clean air and environmental
circumstances free of unreasonable dust, obnoxious odors, noxious
fumes and smells, as well as an environment free of stored debris
and storage of combustible fuels in adjacent or exposed exterior areas
within densely populated area.
B.
Research indicates that outdoor fuel-burning appliances
cause emission problems that cross property lines because the smoke
stays close to the ground it can easily reach humans working or playing
outdoors or penetrate neighboring buildings. It also causes problems
with smoke visibility. The low-lying smoke can worsen cardiovascular
problems such as angina, irritate eyes and lungs, trigger headaches,
worsen respiratory diseases such as asthma, emphysema and bronchitis.
As used in this article, 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 device,
especially that part of such structure extending above a roof.
A device, including any furnace, stove or boiler designed
and constructed to burn oil, wood, coal or other fuels, manufactured
for placement outdoors for the heating of a structure.
A.
Any new outdoor fuel-burning appliance must have or
meet the following:
(1)
A safe flue or chimney which has a minimum termination
height of 20 feet above the natural ground level upon which the appliance
is located.
(2)
A "scrubber" or filter-type system attached to the
appliance.
(3)
A fan or blower attached to the appliance to increase
the efficiency of the appliance.
(4)
Be located not less than 100 feet from any property
line.
B.
All outdoor fuel-burning appliances are required to
meet emission standards currently required by the Environmental Protection
Agency (EPA). Emission standards currently required by the EPA are
hereby adopted by reference together with any amendments or modifications
made to them in the future.
C.
All outdoor fuel-burning appliances shall be installed,
operated and maintained in strict conformance with the manufacturers'
instructions and regulations promulgated hereunder. In the event of
a conflict, the regulations promulgated hereunder shall apply unless
the manufacturer's instructions are stricter, in which case the manufacturer's
instructions shall apply.
D.
The owner of the outdoor fuel-burning appliance shall
produce the manufacturer's instructions for all devices that do not
conform to the requirements of this article.
E.
No homemade outdoor fuel-burning appliances will be
allowed.
F.
Only natural wood, coal, heating oil, natural gas,
kerosene or wood specifically permitted by the manufacturer in writing
may be burned in outdoor furnaces. The burning in outside furnaces
of processed wood products and non-wood products, household or other
garbage, recyclable material, rubber tires, railroad ties, leaves,
laminated wood, wet or soggy wood, painted or treated wood and any
item not specifically and in writing permitted by the manufacturer
is prohibited.
G.
A permit must be acquired prior to the installation
of any outdoor furnace appliance and an inspection completed prior
to the operation of subject appliance. The permit fee is $75, and
the inspection will be completed by a representative of Code Inspections,
Inc.
H.
Ashes or waste cannot be accumulated in a large area
on the property. They may be dispersed on the property as long as
no accumulation can be seen (for example: spread in a driveway). Any
large accumulation of ashes or waste must be disposed of weekly with
your trash.
I.
All outdoor fuel-burning appliances may only be utilized
for the sole purpose of furnishing heat to a building and hot water
during the period of October 1 through April 30; and only if the outdoor
fuel-burning appliance meets the requirements of this article.
J.
If an outdoor fuel-burning appliance is more than
50% torn down, physically deteriorated or decayed, the appliance must
be removed and/or replaced with a new unit.
K.
All storage of materials being burned in the outdoor
fuel-burning appliance shall be neatly stacked and/or stored under
cover and free from insects (termites, ants, etc.) or any type of
disease-carrying rodents.
A.
All outdoor fuel-burning appliances are required to
meet emission standards currently required by the Environmental Protection
Agency (EPA). Emission standards currently required by the EPA are
hereby adopted by reference together with any amendments or modifications
made to them in the future.
B.
All outdoor fuel-burning appliances shall be operated
and maintained in strict conformance with the manufacturer's instructions
and the regulations promulgated hereunder. In the event of a conflict,
the regulations promulgated hereunder shall apply unless the manufacturer's
instructions are stricter, in which case the manufacturer's instructions
shall apply.
C.
All outdoor fuel-burning appliances in existence at
the effective date of this article shall have or must erect a safe
flue or chimney which has a minimum termination height of 20 feet
above the natural ground level upon which the appliance is located.
D.
All outdoor fuel-burning appliances in existence at
the effective date of this article shall have or must install a "scrubber"
or filter-type system attached to the appliance.
E.
All outdoor fuel-burning appliances in existence at
the effective date of this article shall have or must install fan
or blower to increase the efficiency of the appliance.
F.
Only natural wood, coal, heating oil, natural gas,
kerosene or wood specifically permitted by the manufacturer in writing
may be burned in outdoor furnaces. The burning in outside furnaces
of processed wood products and non-wood products, household or other
garbage, recyclable material, rubber tires, railroad ties, leaves,
laminated wood, wet or soggy wood, painted or treated wood and any
item not specifically and in writing permitted by the manufacturer
is prohibited.
G.
All outdoor fuel-burning appliances may only be utilized
for the sole purpose of furnishing heat to a building and hot water
during the period of October 1 through April 30, and only if the outdoor
fuel-burning appliance meets the requirements of this article.
H.
If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, the appliance must be removed and/or replaced with a new unit and the new unit must comply with all of the regulations listed in § 84-7 of this article.
I.
Ashes or waste cannot be accumulated in a large area
on the property. They may be dispersed on the property as long as
no accumulation can be seen (for example: spread in a driveway). Any
large accumulation of ashes or waste must be disposed of weekly with
your trash.
J.
All storage of materials being burned in the outdoor
fuel-burning appliance shall be neatly stacked and/or stored under
cover and free from insects (termites, ants, etc.) or any type of
disease-carry rodents.
It shall be the duty of the Borough Police Department,
Code Enforcement Officer and/or any legally certified code inspector
to enforce the terms of this article and secure compliance with the
requirements thereof.
If any sentence, clause, section or part of
this article is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections or parts of the article. It is hereby declared as the intent
of the Borough of Brookville that this article would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
