Borough of Moosic, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Moosic 3-18-2008 by Ord. No. 8-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 112.
Uniform construction codes — See Ch. 121.
Fire prevention — See Ch. 154.
Insurance — See Ch. 170.
Nuisances — See Ch. 206.
Property maintenance — See Ch. 230.
Solid waste — See Ch. 255.
Zoning — See Ch. 300.

§ 165-1 Purpose and scope.

A. 
The residents of and visitors to Moosic 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 areas.
B. 
The Council of the Borough of Moosic has been advised, and it is generally recognized 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, and worsen respiratory diseases such as asthma, emphysema and bronchitis.
C. 
It is the intent of the Moosic Borough Council to establish and impose restrictions on the installation, use, operation and maintenance of outdoor fuel-burning appliances for the purpose of securing and promoting the public health, comfort, convenience, safety and welfare of the Borough of Moosic, its residents and visitors.

§ 165-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR FUEL-BURNING APPLIANCE
A device, including, but not limited to, any furnace, stove or boiler, designed and constructed to burn wood and/or other fuels specifically designated by the appliance's manufacturer, manufactured for placement outdoors for the heating of a residence, building or other structure and/or the heating of water supplied to a residence, building or other structure.
CHIMNEY
A vertical structure enclosing a flue or flues that carries off smoke and/or exhaust from an outdoor fuel-burning appliance's firebox or burn chamber.

§ 165-3 New outdoor fuel-burning appliances requirements.

A. 
Any new outdoor fuel-burning appliance must have or meet the following:
(1) 
A permanent chimney that extends at least two feet above the peak of any residence, building or other structure which is not located on the same property as the appliance and which is located within 100 feet of the appliance, with a minimum height of 20 feet.
(2) 
A fan or blower that is attached to the appliance to increase the efficiency and to reduce the emissions from the appliance.
(3) 
Be located not less than 150 feet from any neighboring property line.
(4) 
Outdoor fuel-burning appliances shall only be permitted to be installed and operated on parcels of four or more acres.
B. 
All outdoor fuel-burning appliances are required to meet emission standards currently required by the Environmental Protection Agency at the time of installation. The EPA emissions 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 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.
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 chapter.
E. 
No homemade outdoor fuel-burning appliances are permitted to be installed or used within the Borough.
F. 
Only natural wood or other fuels specifically permitted by the manufacturer, in writing, maybe burned in outdoor fuel-burning appliances. The burning in outdoor fuel-burning appliances of composite/processed wood products and nonwood products, household or other garbage, plastic material, rubber, including tires and synthetic rubber-like products, recyclable natural, railroad ties, leaves, furniture, construction debris, laminated wood, wet or soggy wood, painted, varnished or treated wood and/or any item not specifically permitted in writing, by the manufacturer is prohibited.
G. 
A permit must be acquired from the Borough Zoning Officer prior to the installation of any outdoor fuel-burning appliance, and an inspection must be completed prior to the operation of the subject appliance. The inspection shall be completed by an independent licensed inspection company approved by the Moosic Borough Council. No outdoor fuel-burning appliance is permitted to operate until a favorable decision/report is issued by the inspection company and a permit is issued by the Borough Zoning Officer.
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 and/or hot water to a residence, building or ether structure during the period of October 1 through April 30, and only if the outdoor fuel-burning appliance meets the requirements of this chapter, and as amended.
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. Any new appliance being installed to replace an existing appliance must meet all requirements of this chapter and as amended.
K. 
All storage of materials being burned in the outdoor fuel-burning appliance shall be neatly stacked and/or stored under cover, free from insects (termites, ants; etc.) or any type of disease-carrying rodents.
L. 
All outdoor fuel-burning appliances shall comply with all applicable state, county and local laws, including but not limited to ordinances that prohibit the creation of a human health hazard and/or a public nuisance.

§ 165-4 Existing outdoor fuel-burning appliances requirements.

A. 
Any outdoor fuel-burning appliance in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Moosic Zoning Officer within 90 days of such effective date. All of the provisions of this section shall continue to apply to owners of existing outdoor fuel-burning appliances who obtain permits. If the owner of an existing outdoor fuel-burning appliance does not receive a permit within one year of the effective date of this chapter, the outdoor fuel-burning appliance shall be removed. "Existing" or "in existence" means that the outdoor fuel-burning appliance is installed on the owner's property and in operation at the time this chapter is introduced. The permit required by this chapter must be acquired from the Borough's Zoning Officer. The Borough's Zoning Officer shall not issue any permit until an inspection is conducted of the appliance and a favorable report is issued by the inspection company. Any inspection required by this section shall be completed by a licensed inspection company approved by the Council of the Borough of Moosic.
B. 
All existing outdoor fuel-burning appliances are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emissions standards which are currently required by the EPA are hereby adopted by reference, together with any amendments or modifications made to them in the future.
C. 
All existing 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.
D. 
All existing outdoor fuel-burning appliances shall have or must erect a permanent chimney that extends at least two feet above the peak of any residence, building or other structure which is not located on the same property as the appliance and which is located within 350 feet of the appliance.
E. 
All existing outdoor fuel-burning appliances shall have or must install a fan or blower to increase the efficiency and to reduce the emissions from the appliance.
F. 
Only natural wood or other fuels specifically permitted by the manufacturer, in writing, may be burned in outdoor fuel-burning appliances. The burning in outdoor fuel-burning appliances of composite/processed wood products and nonwood 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 permitted, in writing, by the manufacturer is prohibited.
G. 
All existing outdoor fuel-burning appliances may only be utilized for the sole purpose of furnishing heat and/or hot water to a residence, building or other structure during the period of October 1 through April 30 and only if the outdoor fuel-burning appliance meets the requirements of this chapter, and as amended.
H. 
If any existing 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. Any appliance being installed to replace an exiting appliance will be considered a new outdoor fuel-burning appliance and will be required to satisfy all requirements and regulations for new outdoor fuel-burning appliances set forth in this chapter and as amended.
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 free from insects (termites, ants, etc.) or any type of disease-carrying rodents.
K. 
All existing outdoor fuel-burning appliances shall comply with all applicable state, county and local laws, including but not limited to ordinances that prohibit the creation of a human health hazard and/or a public nuisance.

§ 165-5 Permits required.

A. 
All permits required by this chapter shall be obtained from the Borough Zoning Officer.
B. 
Application. An application for a permit for an existing or new outdoor fuel-burning appliance shall be made to the Borough Zoning Officer on forms furnished by the Borough, and the applicant shall furnish the following information:
(1) 
Name and address of applicant and property owner.
(2) 
Legal description of property.
(3) 
A sketch of the dimensions of the applicants property, including locations of buildings and the outdoor fuel-burning appliance, relative to property lines and distance from neighboring residences that are within 500 feet.
(4) 
A copy of the appliance manufacturer's installation and operator's/user's manual.
C. 
All permits applied for under this chapter shall include a permit fee pursuant to the current schedule of fees. Further, the applicant will be required to pay any inspection fees as provided for in this chapter.
D. 
All permit applications shall be reviewed by the Borough Zoning Officer. As part of the review process, the Borough Zoning Officer shall request that an inspection of the appliance be completed by a licensed inspection company authorized by the Borough Council, as required by § 165-3G.
E. 
The Borough Zoning Officer shall issue a permit to the applicant only if the outdoor fuel-burning appliance meets all requirements of this chapter and any amendments, and a favorable inspection report was issued by the inspector.
F. 
Any permit issued under this chapter shall remain valid for one year from the date of issue. If installation of the outdoor fuel-burning appliance is not completed within one year of the date the permit was issued, the permit is void and the applicant must reapply for a new permit if he/she still desires to install and/or operate the appliance.

§ 165-6 Suspension of permit.

A. 
Any permit issued pursuant to this chapter may be suspended if the Borough Code Enforcement Officer determines that it is necessary to protect the public health, safety and welfare of the residents of the Borough of Moosic if any of the following conditions occurs:
(1) 
Emissions from the outdoor fuel-burning appliance fail to meet any EPA emissions standards through an air quality test.
(2) 
Malodorous air contaminants from the outdoor fuel-burning appliance are detectable outside the property of the person on whose land the outdoor fuel-burning appliance is located.
(3) 
The emissions from the outdoor fuel-burning appliance interfere with the reasonable enjoyment of life or property.
(4) 
The emissions from the outdoor fuel-burning appliance cause damage to vegetation or property.
(5) 
The emissions from the outdoor fuel-burning appliance are or may be harmful to human or animal health, as determined by testing of emissions, as noted hereinbefore in § 165-6A(1).
(6) 
If a designated representative of the Borough of Moosic conducts an air quality test pursuant to § 165-6A(1) and the tests are in excess of EPA standards, then in addition to any other fines or penalties, the owner shall be responsible for all costs associated with said testing, including, but not limited to, labor, equipment, materials, etc.
B. 
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are made that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 165-8 of this chapter.

§ 165-7 Enforcement.

It shall be the duty of the Borough's Police Department and/or the Borough Code Enforcement Officer to enforce the terms of this chapter and secure compliance with the requirements thereof. Any authorized officer, agent, employee or representative of Moosic Borough may inspect any property located within Moosic Borough for purposes of ascertaining compliance with the provisions of this chapter.

§ 165-8 Violations and penalties.

The Borough Solicitor shall initiate an enforcement action before a district judge against any person, firm or corporation who is in violation of this chapter. Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment and of said fine, to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense. An equitable remedy may also be sought by the Borough Solicitor against any person, firm or corporation in violation of this chapter by filing an appropriate action in the Court of Common Pleas of Lackawanna County.