[HISTORY: Adopted by the Borough Council of the Borough of Mount Union 11-7-2005 by Ord. No. 1074. Amendments noted where applicable.]
It is the finding of the Borough Council of the Borough of Mount Union that the erection and use of outdoor fuel-burning appliances or devices, as herein defined, are detrimental to the public health, safety and general welfare of the residents of the Borough of Mount Union. The density of structures within the Borough of Mount Union, the proximity of structures or buildings within the Borough of Mount Union, and the types of building materials that predominate within the Borough of Mount Union pose a greater risk of fire and are hereby deemed to be a significant safety issue in addition to creating potential nuisance and environmental impacts which would adversely affect Borough residents.
As used in this chapter, the following terms shall have the meanings indicated:
- EXTERNAL (OUTDOOR) FUEL-BURNING DEVICE OR APPLIANCE
- A device or appliance constructed to burn oil, wood, coal or other fuels, manufactured or constructed for placement outdoors for the purpose of heating the living area of a structure or building.
After the effective date of this chapter, external (outdoor) fuel-burning devices and appliances are hereby prohibited within the Borough of Mount Union.
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 $300 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.
This chapter shall not be construed to be retroactive and shall not require the removal of any external (outdoor) fuel-burning device or appliance in existence within the Borough of Mount Union at the effective date of this chapter. All external (outdoor) fuel-burning devices or appliances in existence within the Borough of Mount Union at the effective date of this chapter shall have or must erect a flue or chimney which has a minimum termination height of 20 feet above the natural ground level upon which the device or appliance is located.
If an external (outdoor) fuel-burning device or appliance is more than 50% torn down, physically deteriorated or decayed, any rebuilding or restoration of said external (outdoor) fuel-burning device or appliance shall be a violation of this chapter.
This chapter shall become effective on December 1, 2005, in accordance with law.