Township of Warminster, PA
Bucks County
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[Ord. 682, 11/13/2008, § I]
This Part 5 shall be known as the "Warminster Township Outdoor Wood-Burning Boiler Ordinance."
[1]
Editor's Note: This Part 5, Outdoor Wood-Burning Boilers, was previously codified in Ch. 7, Fire Prevention and Fire Protection, Part 3, but was relocated to this chapter at the request of the Township.
[Ord. 682, 11/13/2008, § II]
As used in this Part 5, the following terms shall have the meanings indicated:
OUTDOOR WOOD-BURNING BOILER (OWB)
An accessory structure designed and intended, through the burning of wood, for the purpose of heating a principal structure or any other building or structure on the premises.
OUTDOOR WOOD-BURNING FURNACE
An accessory structure or appliance designed to be located in an outside space ordinarily used for residential, business or other industrial purposes and which is designed to provide heat, via liquid or other means, through the burning of wood, for heating spaces other than those where such structure or appliance is located or for heating domestic water sources, swimming pools, hot tubs or jacuzzi facilities. For the purpose of this Part 5, the term "outdoor wood-burning boiler" is synonymous with the term "outdoor wood-burning furnace."
SEASONED WOOD
Wood that has been cut for at least one year.
WOOD FUEL
All wood intended to be used as fuel, including but not limited to trees, cordwood, logs, lumber, sawdust, and wood from manufacturing processes (e.g., butt-offs, shavings, turnings, sander dust), wood pallets, slabs, bark, chips and waste pallets. "Wood fuel" does not include materials chemically treated with any preservative, paint or oil or other chemical substance.
[Ord. 682, 11/13/2008, § III]
No person shall cause, allow or maintain the use of an outdoor wood-burning boiler within Warminster Township on any lot consisting of less than three acres.
[Ord. 682, 11/13/2008, § IV]
No person shall cause, allow or maintain the use of an outdoor wood-burning boiler within Warminster Township on any lot consisting of three or more acres without having first obtained a permit from the Township Department of Licenses and Inspections with the approval of the Township Fire Marshal.
A. 
Permit procedure.
(1) 
Every applicant for an OWB permit shall file an application with the Department of Licenses and Inspections on a form approved by the Board of Supervisors.
(2) 
Such application shall be accompanied by a fee in an amount fixed by resolution of the Board of Supervisors, which fee may be adjusted from time to time by further resolution of the Board.
(3) 
Every applicant shall demonstrate as part of the OWB application that the OWB will be installed, operated and maintained in accordance with the regulations set forth in this Part 5, by submission of a site plan indicating the location of the proposed OWB in relation to all property lines, other buildings and structures on the applicant's property, and the separation distance between the OWB and all other buildings and structures on the applicant's property, all neighboring residences within 500 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 OWB permit shall demonstrate, to the satisfaction of the Department of Licenses and Inspections and the Fire Marshal, that the applicant understands the regulations set forth in this Part 5 and the requirements for the proper installation and operation of the proposed OWB. Demonstration of such understanding shall, at a minimum, be accomplished by submission of the manufacturer's installation and operation instructions.
(5) 
The OWB 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 OWB on the subject property.
(d) 
The plan specified in Subsection A(3) hereof.
(6) 
The Department of Licenses and Inspections shall forward the OWB 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 Department of Licenses and Inspections, whereupon the Department shall either issue the OWB permit to the applicant or notify the applicant in writing that the application has been denied.
(7) 
All applications for an OWB 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 Part 5, and any renewal of permits issued hereunder, must be signed by the Director of the Department of Licenses and Inspections and shall be prominently displayed on the OWB 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) 
OWB permits 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 OWB permit is issued in accordance with this Part 5 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 OWB 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 Supervisors, which fee may be adjusted from time to time by further resolution of the Board.
(10) 
Any appeal from a determination by the Department of Licenses and Inspections with respect to an OWB application or renewal application shall be made to the Appeals Board in accordance with the procedures provided for appeals to such Board.
[Ord. 682, 11/13/2008, § V]
Every OWB installed within Warminster Township shall meet the following requirements:
A. 
No OWB shall be installed within 100 feet of the building for which the OWB is supplying heat.
B. 
No OWB shall be installed less than 400 feet from the nearest residence not being served by the OWB.
(1) 
In the event a new residence is built on an otherwise vacant building lot situated within 400 feet of the OWB, or in the event an existing residence is modified so that it is within the four-hundred-foot setback, the owner of the OWB shall be required to move the OWB to bring its location into compliance with this Part 5.
(2) 
No OWB owner shall be considered to have the authority to restrict the right of any owner of such vacant lot or other property owner having a residence within the setback set forth herein to build on such lot or to modify an existing residence.
C. 
Each OWB must be installed and operated so as to comply with any and all applicable federal, state or local air quality control or environmental standards.
D. 
The OWB 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.
E. 
No OWB may be operated between June 1 and August 31 of any calendar year.
F. 
Only seasoned, untreated wood fuel shall be burned in any OWB authorized pursuant to this Part 5.
G. 
Any OWB installed and in use prior to the effective date of this Part 5 shall be subject to the regulations set forth herein. The owner of any such OWB shall apply for a permit within 30 days of the effective date of this Part 5 and shall bring the existing OWB 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 OWB shall cease use of the unit immediately upon notice of such denial and shall dismantle the unit within 10 days of such notice.
[Ord. 682, 11/13/2008, § VI]
1. 
Any person who shall install and/or use an OWB in violation of this Part 5 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.
2. 
The Department of Licenses and Inspections of Warminster Township is duly empowered to enforce the terms, conditions and provisions of this Part 5.