Township of Hatfield, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Hatfield 5-12-2010 by Ord. No. 602. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 282.
This chapter shall be known as the "Hatfield Township Outdoor Solid-Fuel-Burning Appliance Ordinance."
No person shall cause, allow or maintain the use of an outdoor solid-fuel-burning appliance (OSFA) within Hatfield Township unless said appliance is set back a distance of 100 feet from all property lines.
A. 
No person shall cause, allow or maintain the use of an outdoor solid-fuel-burning appliance on any lot within Hatfield Township without having first obtained a permit from the Township Code Department with the approval of the Township Fire Marshal.
B. 
Permit procedure.
(1) 
Every applicant for an OSFA permit shall file an application with the Code Department of Licenses and Inspections on a form approved by the Board of Commissioners.
(2) 
Such application shall be accompanied by a fee in an amount fixed by resolution of the Board of Commissioners, which fee may be adjusted from time to time by further resolution of the Board.
(3) 
Every applicant shall demonstrate as part of the OSFA application that the OSFA will be installed, operated and maintained in accordance with the regulations set forth in this chapter by submission of a site plan indicating the location of the proposed OSFA in relation to all property lines, other buildings and structures on the applicant's property and the separation distance between the OSFA and all other buildings and structures on the applicant's property, all neighboring residences within 100 feet, all roads adjacent to the property, and all woods, brush and flammable structures. Such plan shall be prepared by a licensed land surveyor or professional engineer.
(4) 
Every applicant for an OSFA permit shall demonstrate to the satisfaction of the Code Department and the Fire Marshal that the applicant understands the regulations set forth in this chapter and the requirements for the proper installation and operation of the proposed OSFA. Demonstration of such understanding shall, at a minimum, be accomplished by submission of the manufacturer's installation and operation instructions.
(5) 
The OSFA application shall provide the following information:
(a) 
A description of the applicant's property, by lot, block, tract, or street address, or similar description to identify the property;
(b) 
The name and address of the applicant and, if the applicant is not the property owner, the name and address of the owner;
(c) 
The proposed location of the OSFA on the subject property;
(d) 
The plan specified in Subsection B(3) hereof.
(6) 
The Code Department shall forward the OSFA application to the Township Fire Marshal for review. Following review of the application and inspection of the subject property, the Fire Marshal shall approve or disapprove the application and return the application to the Code Department, whereupon the Department shall either issue the OSFA permit to the applicant or notify the applicant in writing that the application has been denied.
(7) 
All applications for an OSFA permit must be accompanied by an insurance certificate providing liability insurance in an amount not less than $100,000 in general liability coverage from the owner of the property.
(8) 
Permits issued in accordance with this chapter, and any renewal of permits issued hereunder, must be signed by the Director of the Code Department and shall be prominently displayed on the OSFA for which the permit is issued in a sealed and watertight manner so as to protect the permit from denigration by the weather, rain or other elements.
(9) 
An OSFA permit shall be granted for a period of 365 days, upon proper submission of the required application and supporting documentation as provided herein, and shall be renewable on an annual basis. Any person to whom an OSFA permit is issued in accordance with this chapter shall submit a renewal application no later than 30 days prior to the expiration of the initial or renewed permit. No renewal application shall be granted, nor shall a renewal permit be issued, unless approved by the Fire Marshal after inspection of the OSFA and the applicant's property. All renewal applications shall be accompanied by a renewal fee in an amount fixed by resolution of the Board of Commissioners, which fee may be adjusted from time to time by further resolution of the Board.
(10) 
Any appeal from a determination by the Code Department with respect to an OSFA application or renewal application shall be made to the Appeals Board in accordance with the procedures provided for appeals to such Board.
Every OSFA installed within Hatfield Township shall meet the following requirements:
A. 
No OSFA shall be installed within 30 feet of the building for which the OSFA is supplying heat.
B. 
Each OSFA must be installed and operated so as to comply with any and all applicable federal, state or local air quality control or environmental standards.
C. 
The OSFA owner shall follow the manufacturer's recommendations for installation and use of the unit, as well as any and all applicable provisions of the Uniform Construction Code.[1]
[1]
Editor's Note: See Ch. 112, Construction Codes, Uniform.
D. 
Only seasoned, untreated fuel shall be burned in any OSFA authorized pursuant to this chapter.
E. 
Any OSFA installed and in use prior to the effective date of this chapter shall be subject to the regulations set forth herein. The owner of any such OSFA shall apply for a permit within 30 days of the effective date of this chapter and shall bring the existing OSFA into compliance with the regulations set forth herein prior to issuance of a permit for such use. In the event that the application for such use is denied, the owner of the OSFA shall cease use of the unit immediately upon notice of such denial and shall dismantle the unit within 10 days of such notice.
A. 
Any person who shall install and/or use an OSFA in violation of this chapter shall, upon conviction before a Magisterial District Judge, be sentenced to pay a fine not exceeding $1,000, together with the cost of prosecution, and, upon default from the payment thereof, may be sentenced to undergo imprisonment for a period not exceeding 30 days. Each day in which a violation shall continue after due notice to the property owner shall be deemed a separate offense, punishable by the terms and conditions provided under this section.
B. 
The Code Department of Hatfield Township is duly empowered to enforce the terms, conditions and provisions of this chapter.