[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:
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.
