[Adopted 12-21-1998 by Ord. No. 405]
This article shall be known as the "Tobyhanna
Township Burn Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
BURNING PERMIT
A permit to kindle or maintain such open fires or other fires.
The permit shall be issued, for the Board of Supervisors, by the Tobyhanna
Township Secretary upon application thereof made to the Secretary
or a designated person. A burning permit is valid for one day only.
A fee for each burning permit, as established by the Board of Supervisors,
shall be charged.
CONTAINED FIRE
Any fire contained in an incinerator, fireplace or other
contained enclosure designed for outdoor cooking, or a fireproof container.
CONTROLLED FIRE
Any fire not included in the definition of "contained fire."
FURNACE
Any enclosed device specifically designed for burning any
material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
OPEN FIRE
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
PERSON
Any individual, partnership, association, corporation, department,
bureau, agency or legal entity.
REFUSE
Garbage, rubbish and trade waste.
RESPONSIBLE ADULT
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
RUBBISH
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, ashes, furniture, tin cans, glass, crockery, masonry, plastics,
recyclable items and other similar items.
SALVAGE OPERATIONS
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry,
including but not limited to plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials, provided that trade waste shall
not include any coal refuse associated with mining or preparation
of coal.
The Tobyhanna Township Supervisors shall appoint
the Zoning Officer who shall have the power to enforce the provisions
of this chapter, or, in the absence of the Zoning Officer, a Pocono
Mountain Regional Police Officer.
It shall be unlawful to burn, ignite, incinerate,
maintain or otherwise permit the burning of any materials whatsoever
without complying with the requirements of this chapter. Any person
who shall violate any of the provisions of this chapter shall, upon
conviction in a summary proceeding brought in the name of the township
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
be sentenced to pay a fine of not more than $300 and the costs of
prosecution and, in default of payment, to imprisonment for a term
of not to exceed 90 days, provided that each day's violation of any
of the provisions of this chapter shall constitute a separate offense.
Tobyhanna 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
or noncompliance with the terms and provisions hereof. The person,
persons, company or companies responsible for any such fire and the
permit holder shall bear sole liability for any damages caused as
a result thereof.
[Adopted 10-13-2008 by Ord. No. 472]
This article shall be known as the "Tobyhanna
Township Outdoor Wood-Fired Burner/Furnace Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
CLEAN WOOD
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 pontachlorophenol and
wood pellets made from clean wood.
CODE ENFORCEMENT OFFICER
The Zoning Officer or other person appointed by the Board
of Supervisors to administer and enforce this article, whose duties
shall include responding to resident questions and complaints and
performing other tasks as the Board of Supervisors may assign.
OUTDOOR WOOD-FIRED BURNER/FURNACE
A fuel-burning device designed to burn wood or other manufacturer-approved
fuel product that is manufactured specifically for outdoor installation,
or installation in structures not normally occupied by humans, and
further designed to heat 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.
STACK or CHIMNEY
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 outdoor wood-fired burners/furnaces in existence
on the effective date of this article shall be permitted to remain,
provided that the owner applies for and receives a permit from the
Code Enforcement Officer within one year of the effective date of
this article. If the owner of an existing outdoor wood-fired burner/furnace
does not receive a permit within one year of the effective date of
this article, the outdoor wood-fired burner/furnace shall be removed
and thereafter subject to all of the regulations provided for in this
article.
If an outdoor wood-fired burner/furnace is replaced
or upgraded, a permit shall be required pursuant to this article and
shall comply with all sections of this article.
[Amended 5-11-2009 by Ord. No. 479]
Outdoor wood-fired burners/furnaces may be operated
year round unless otherwise restricted by the Township.
Tobyhanna 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 article
or by reason of the conduct of any burning activity in compliance
with the terms and provisions of this article. The person or party
responsible for any such burning activities shall bear sole responsibility
of any damages caused as a result thereof.