[HISTORY: Adopted by the Borough Council of the Borough of Marietta 4-12-1983 by Ord. No. 83-2 (Ch. 93 of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Burning and open fires — See Ch. 122.
Uniform construction codes — See Ch. 135.
Housing standards — See Ch. 184.
No person, owner, agent or tenant shall install or begin to install any chimney, stovepipe, fireplace or wood- and/or coal-heating or -cooking equipment unless a permit has been obtained from the officer of the Borough of Marietta designated by resolution of the Council.
The applicant, on forms provided by the Borough of Marietta, shall furnish to such designated officer the following information:
A. 
The name and address of the applicant.
B. 
The name and address of the owner of the structure.
C. 
The relationship of the applicant to the owner of the structure.
D. 
Plans showing the location and method of installation of the chimney, fireplace, smokepipe or wood- and/or coal-heating or -cooking equipment.
E. 
Make, style and model of the appliance.
The applicant shall pay to the Borough of Marietta as a permit issuance fee an amount to be determined by resolution of the Borough Council.
After review of said application, said designated officer shall inspect the premises and issue an installation permit, which shall incorporate the design as provided by the applicant. After completion of said installation, the designated officer shall issue a final permit, which shall authorize the applicant to utilize said appliance.
A. 
This chapter shall apply to all chimneys, fireplaces, smokepipes and wood- and/or coal-heating or -cooking equipment installed, modified or renovated after the effective date of this chapter.
B. 
Replacement of piping from the equipment to the chimney shall not be considered a modification, renovation or repair.
Any person, owner, agent or tenant who begins to install or modify a chimney, fireplace, smokepipe or wood- and/or coal-heating or -cooking equipment without a permit as provided for in this chapter, or who installs or begins to install, modify or renovate a chimney, fireplace, smokepipe, wood- and/or coal-heating or -cooking equipment without a permit or in violation of the specifications of this chapter, shall upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Lancaster County.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Wood-burning stoves shall be tested and approved for use by a testing agency or the manufacturer must have proof of liability insurance.
All wood- and/or coal-heating appliances shall be at least 36 inches from all combustible materials or in accordance with manufacturer specifications, whichever is safer. Where clearance is less than 36 inches but more than 18 inches, the combustible surface shall be protected by three-fourths-inch asbestos board with cement covered with No. 28 gauge metal spaced one inch or more from combustible surface or per manufacturer recommendations. Adequate space shall be provided to permit air circulation. If clearance is less than 18 inches but more than 12 inches, the combustible wall shall be protected by a four-inch brick veneer extending two feet above and two feet beyond each side of heating appliance.
A. 
All wood- and/or coal-burning equipment that has circulating devices shall be at least 24 inches from a combustible surface unless the appliance has a rating for lesser distance from combustible surface.
B. 
If the distance of circulation around the wood- and/or coal-burning appliance is 12 to 24 inches from a combustible surface, the surface shall be protected by one-fourth-inch asbestos millboard spaced one inch or more from the walls with adequate one-inch spacing from the floor to permit air circulation between wall and shield.
C. 
If the circulating wood- and/or coal-burning equipment is eight to 12 inches from a combustible surface, the surface shall be protected by one-fourth-inch asbestos millboard covered with No. 28 gauge metal spaced one inch or more from the wall and floor to permit air circulation.
D. 
Noncombustible material shall extend at least 18 inches beyond the stove from which ashes are removed and at least 12 inches beyond sides and rear.
E. 
Where stove legs are at least 18 inches above a combustible surface, a No. 24 gauge sheet metal or other suitable, approved noncombustible material shall be used.
F. 
Where stove legs are between six inches and 18 inches above a combustible surface, a No. 24 gauge sheet metal over one-fourth-inch layer of asbestos millboard or other approved noncombustible material shall be used.
G. 
Where stove legs are six inches or less above a combustible surface, a four-inch hollow masonry pad should be laid or an approved noncombustible surface of not less than an inch thickness shall be used.
Prior to the issuance of the permit required by this chapter, the installer shall certify that the chimney is cleaned of buildup, creosote and residue and structural defects. Within three years of registration of existing equipment or of issuing the permit, the owner shall certify in writing to the Housing Officer that the chimney has been cleaned. A similar certification shall be made every three years thereafter.
A. 
Connectors serving wood-burning appliances shall not be connected to a chimney serving other appliances. All stovepipes shall be equal to or larger than appliance flue connector.
B. 
All connector pipes shall be of a minimum of No. 24 gauge black pipe or heavier.
C. 
All connector pipes shall rise from the stove toward the chimney at least one-fourth inch per foot or more.
D. 
Single wall connector pipes shall not exceed 10 feet and shall not pass through a ceiling or closet. Single wall connector pipes shall not pass through a wall; however, when necessary, a connector may pass through a wall partition other than a fire partition under the following conditions:
(1) 
Where ventilated-type metal thimble is used which is three times larger than the chimney connector.
(2) 
Where a metal or burned fireclay thimble is used and the thimble is surrounded on all sides by not less than eight inches of brickwork or equivalent fireproofing material.
(3) 
When the section of the connector pipe passing through the combustible material is replaced by a properly installed section of factory-built insulated Class A pipe for solid fuels.
(4) 
All stovepipes shall be a minimum of 18 inches from combustible walls and ceilings.
(5) 
If stovepipes are 12 to 18 inches from combustible material, the surface shall be covered with one-fourth-inch asbestos millboard spaced one inch from the walls or ceilings.
(6) 
If stovepipes are nine to 12 inches from combustible surfaces, they shall be covered with one-fourth-inch asbestos millboard with a No. 28 gauge sheet metal spaced one inch from walls or ceilings.
E. 
The chimney shall extend a minimum of two feet above the ridge line of the roof or a minimum of two feet above any portion of the roof or structure or surrounding structure within 10 feet of the chimney.
One smoke detector shall be installed on each floor used for human habitation if wood-burning stove or fireplace is installed.
Owners of existing wood- or coal-heating/cooking equipment shall register that equipment in writing with the Housing Officer within 90 days of ratification of this chapter.
Nothing in this chapter shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, or any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. No right or remedy of any character shall be lost, impaired or affected by this chapter.