[HISTORY: Adopted by the Board of Supervisors of the Township
of Hanover 11-10-2009 by Ord. No. 09-22. Amendments noted where
applicable.]
The chapter shall be known as and may be cited as the "Hanover
Township Outdoor Wood-Fired Boiler Ordinance."
A.
The Township finds that the installation and use of outdoor wood-fired
boilers could create safety hazards and public nuisances if not installed
and operated in a safe and proper manner and, therefore, the regulation
of the installation and operation of the same is warranted.
B.
The Township has determined that air pollution from outdoor wood-fired
boilers may be detrimental to the health, comfort, living conditions,
welfare, and safety of the citizens of Hanover Township; it is hereby
declared to be the policy of Hanover Township to safeguard the citizens
of Hanover Township from such air pollution.
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with substances,
including but not limited to, copper chromium arsenate, creosote,
or pentachlorophenol.
United States Environmental Protection Agency.
A fuel-burning device:
Designed to burn clean wood or other approved solid fuels;
That the manufacturer specified for outdoor installation or
for installation in structures not normally intended for habitation
by humans or domestic animals, including structures such as garages
and sheds; and
Which heats building space and/or water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau, or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
An outdoor wood-fired boiler that has been certified or qualified
by the EPA as meeting a particular matter emission limit of 0.32 pounds
per million British Thermal Units output and is labeled accordingly.
Phase 2 outdoor wood-fired boiler models will be identified with a
white hang tag.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
Hanover Township, Northampton County, Pennsylvania.
A.
Except as otherwise provided in § 121-5, this chapter applies to the installation and use of all outdoor wood-fired boilers within the Township.
B.
This chapter does not apply to the following:
(1)
Grilling or cooking using charcoal, wood, propane, or natural gas
in cooking or grilling appliances.
(2)
Burning in a stove, furnace, fireplace, or other heating device within
a building used for human or animal habitation.
(3)
The use of propane, acetylene, natural gas, gasoline, or kerosene
in a device intended for heating, construction or maintenance activities.
A.
Applicability.
(1)
No person shall install, construct, modify, operate, or replace any
outdoor wood-fired boiler without first obtaining from the Township
a permit for its installation, construction, modification, or replacement.
(2)
Any outdoor wood-fired boiler in existence on the effective date of this chapter shall be permitted to remain, provided that the owner registers the same with the Township within one year of the effective date of this chapter, and the existing system meets the requirements for existing outdoor wood-fired boilers as specified in § 121-6.
B.
Permit procedure.
(1)
Where a person proposes to install, construct, modify, or replace
an outdoor wood-fired boiler, the person shall make written application
to the Township on forms supplied by the Township. The person shall
return the application forms with engineering plans and engineering
specifications sufficient to confirm compliance with all Township
regulations and ordinances.
(2)
Three copies of all documents shall be provided with the application
form and applicable fees. Information provided shall include:
(a)
Plot plan of system location showing all property lines, the
locations, height, elevation, and distances of all structures within
one-hundred-fifty-foot radius of the proposed location of the outdoor
wood-fired boiler.
(b)
Manufacturer's specifications and instructions.
(c)
Electrical, mechanical, and/or plumbing plans, if required.
(3)
The permit under the provisions of this chapter shall be required
prior to any person installing, constructing, modifying, or replacing
an outdoor wood-fired boiler.
(4)
The permit application review procedures shall be the procedures
as established for the review and approval or rejection described
in the Township Codified Ordinance for buildings, electrical systems,
and mechanical systems. A permit issued pursuant to this chapter does
not, however, substitute for permits needed for buildings, electrical
systems, and mechanical systems under other ordinances of the Township.
C.
Certificate of occupancy.
(1)
At the completion of construction and prior to operation, the applicant
shall provide a certification from the installation contractor that
all labor, equipment, and material have been provided in accordance
with the manufacturer's specifications and instructions and submitted
engineering drawings and specifications and the approved permit.
(2)
The applicant shall further provide documentation that all Uniform
Construction Code requirements of the Township have been satisfied.
(3)
No outdoor wood-fired boiler shall be placed into service until the
Township has issued a certificate of occupancy for the completed system.
Outdoor wood-fired boilers shall comply with the following regulations:
A.
All new outdoor wood-fired boilers shall be a Phase 2 outdoor wood-fired
boiler.
B.
All new outdoor wood-fired boilers shall be installed at least 150
feet from the nearest property line.
C.
All new outdoor wood-fired boilers shall have a permanent attached
stack with a minimum stack height of 10 feet above the ground that
also extends at least two feet above the highest peak of any residence
located less than 150 feet from the outdoor wood-fired boiler.
D.
No person shall use or operate an outdoor wood-fired boiler that was installed before the effective date of this chapter unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 500 feet from the outdoor wood-fired boiler. However, if the existing outdoor wood-fired boiler is a Phase 2 outdoor wood-fired boiler, Subsection C above will apply.
E.
All new or existing outdoor wood-fired boilers shall be equipped
with properly functioning spark arrestors.
F.
Only the following fuels shall be used in the operation of any new
or existing outdoor wood-fired boiler:
G.
In no event shall any person operating a new or existing outdoor
wood-fired boiler burn any of the following items in an outdoor wood-fired
boiler:
(1)
Any material not listed in Subsection F6 above.
(2)
Treated or painted wood.
(3)
Furniture.
(4)
Garbage.
(5)
Tires.
(6)
Lawn clippings or yard waste.
(7)
Material containing plastic.
(8)
Material containing rubber.
(9)
Waste petroleum products.
(10)
Paints and paint thinners.
(11)
Chemicals.
(12)
Any hazardous waste.
(13)
Coal.
(14)
Glossy colored paper.
(15)
Construction and demolition debris.
(16)
Plywood.
(17)
Particleboard.
(18)
Salt water driftwood.
(19)
Manure.
(20)
Animal carcasses.
(21)
Asphalt products.
H.
The use or operation of any new or existing outdoor wood-fired boiler
shall be prohibited between the dates of May 1 and September 30.
I.
All new or existing outdoor wood-fired boilers shall be operated
and maintained in compliance with all existing state and local regulations.
J.
Any ash or other by-products from the operation of an outdoor wood-fired
boiler shall be disposed of in accordance with all applicable laws.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punished by a fine of not less than
$300 nor more than $1,000, plus costs of prosecution. In default of
payment thereof, the defendant may be sentenced to imprisonment for
a term not exceeding 90 days. Each day or portion thereof that such
violation continues or is permitted to continue shall constitute a
separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
B.
In addition to the above remedies, the Township may institute in
the name of the municipality any appropriate action or proceeding
to prevent, restrain, correct, or abate violations of the provisions
of this chapter.
