[HISTORY: Adopted by the Borough Council of the Borough of
Ligonier 10-6-2008 by Ord. No. 540. Amendments noted where applicable.]
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 penetrates 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 chapter, 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 structures 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 the living area 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 ground level upon which the appliance is located;
or six feet above the highest adjacent structure's ridgeline
within a fifty-foot radius of the chimney, or any structure located
on an adjoining property, whichever is greater.
(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 150 feet from any property line or structure
not occupied or directly controlled by, the owner of the proposed
appliance.
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 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 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 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 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 $150, and the inspection will
be completed by a representative of Middle Department Inspection Agency,
Inc. (MDIA).
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 residence and hot water during
the period of November 1 through March 30; and only if the outdoor
fuel-burning appliance meets the requirements of this chapter.
J.
If an outdoor fuel-burning appliance is more than 10% torn down,
physically deteriorated or decayed, determined unusable in its current
condition by a technician, or not used for a period of one year, the
appliance must be removed and/or replaced with a new unit.
K.
All storage of materials being burnt 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 chapter 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; or six feet above
the highest adjacent structure's ridgeline within a fifty-foot
radius of the chimney, or any structure located on an adjoining property,
whichever is greater.
D.
All outdoor fuel-burning appliances in existence at the effective
date of this chapter 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 chapter shall have or must install a 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 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 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 residence and hot water during
the period of November 1 through March 30; and only if the outdoor
fuel-burning appliance meets the requirements of this chapter.
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 § 114-3 of this chapter.
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 burnt 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.
It shall be the duty of the Borough Police Department, Code
Enforcement Officer and/or Middle Department Inspection Agency, Inc.
(MDIA) to enforce the terms of this chapter and secure compliance
with the requirements thereof.
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 $500 and in default of payment of said fine,
to imprisonment for a term not to exceed 90 days. Every day that a
violation of this chapter continues, shall constitute a separate offense.
