[HISTORY: Adopted by the Board of Commissioners of Penn Township 2-15-2010 by Ord. No. 711. Amendments noted where applicable.]
The purpose of this chapter is to protect and promote the public health, safety and welfare of its citizens by establishing regulations regarding the construction and operation of outdoor wood-burning furnaces within the Township of Penn.
See Chapter 142, Ordinance of Definition.
No person shall, from the effective date of this chapter, construct, install, operate or maintain an outdoor wood furnace other than in compliance with this chapter.
No person shall, from the effective date of this chapter, operate an outdoor wood furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this chapter regarding fuels that may be burned in an outdoor furnace as set forth in § 320-4A and B of this chapter and chimney height as set forth in § 320-4D and F of this chapter.
All new outdoor wood furnaces shall be constructed, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.
The owner of any new outdoor wood furnace shall produce the manufacturer's owner's manual or installation instructions to the FCEO for review prior to installation.
All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CANICSA, ANSI or other applicable safety standards.
If an existing outdoor wood furnace is, through the course of a proper investigation by the FCEO, creating a verifiable nuisance or an unsafe condition, the following steps shall be taken by the owner and the FCEO:
Cease and desist operating the unit until reasonable steps are taken to ensure that the outdoor wood furnace will no longer be a nuisance or safety concern and will comply with applicable statutes and with this chapter.
Modifications made to the unit to eliminate the nuisance or safety concern such as extending the chimney or relocating the outdoor wood furnace or both.
Outdoor wood furnaces shall be designed and installed to meet the following regulations and standards:
Setbacks for any new outdoor wood furnace (models not EPA OWHH Phase 1 program qualified):
The outdoor wood furnace shall be located at least 25 feet from any property line.
The outdoor wood furnace shall be located in compliance with manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
The outdoor wood furnace shall be located at least 100 feet from any residence that is not served by the outdoor wood furnace.
Chimney heights for new and existing outdoor wood furnaces.
The chimney of any new outdoor wood furnace shall extend at least two feet above the peak of any residence not served by the outdoor wood furnace located within 300 feet of such outdoor wood furnace.
If there is an existing outdoor wood furnace already installed and there is a new construction of a residence not served by the outdoor wood furnace within 300 feet of such outdoor wood furnace, then the owner of such outdoor wood furnace shall conform to the stack height requirement of this chapter within 30 days of the date such construction is complete and upon written notice from the Township.
Setbacks for EPA OWHH Phase 1 program qualified models.
Chimney heights for EPA OWHH Phase 1 program qualified models.
The EPA OWHH Phase 1 program qualified model chimney shall extend at least two feet above the highest roof peak of the resident for which it serves and the chimney shall extend at least two feet above the highest roof peak of any residence not served by the furnace within 100 feet, whichever is greater.
Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup. Outdoor furnaces that use corn, wood pellets or other palletized biomass shall meet the same setback and stack height requirements as EPA OWHH Phase 1 program qualified models.
The following fuels are strictly prohibited in new or existing outdoor wood furnaces:
Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products including but not limited to particleboard.
Rubbish or garbage, including but not limited to food wastes, food packaging and food wraps.
Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam and synthetic fabrics, plastic films and plastic containers.
Rubber, including tires or other synthetic rubber-like products.
Newspaper, cardboard or any paper with ink or dye products.
Waste petroleum products.
Paints or paint solvents.
No person shall cause, allow or maintain the use of an outdoor wood furnace within the Township of Penn without first having obtained a permit issued by the Township; excepting, however, that all operators or owners with existing outdoor wood furnaces shall have 90 days from the effective date of this chapter to obtain a permit conforming to the regulations stated herein.
Permit fees for outdoor wood furnaces shall be set, from time to time, by resolution of the Board of Commissioners.
Any person, firm, association, partnership or corporate entity who violates any of the provisions of this chapter or fails to comply with a duly authorized order issued pursuant to this chapter shall be subject to the penalties in Chapter 1, Article II, of the Penn Township Code. Each day that a violation exists shall be considered a separate violation of this chapter.