[Ord. 763-09, 3/23/2009]
This Part applies to all outdoor solid-fuel-burning furnaces, boilers and appliances within the Borough of Hamburg.
A. 
This Part does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
B. 
This Part does not apply to burning in a stove, furnace, fireplace or other heating device within a building or structure used for human or animal habitation.
C. 
This Part does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
[Ord. 763-09, 3/23/2009]
As used in this Part, the following terms shall have the meanings indicated:
CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired outdoor heating appliance.
OUTDOOR SOLID-FUEL-BURNING APPLIANCE
Any equipment, device or apparatus which is installed, affixed or situated outdoors, and not situated within a building intended for habitation by humans or domestic animals, which is used for the primary purpose of combustion of fuel to produce heat for energy as a heating system, or component thereof, which provides heat or hot water to the principal structure, to a structure used for human or animal habitation, or to any accessory uses or structures, including, but not limited to, greenhouses, conservatories and swimming pools.
[Ord. 763-09, 3/23/2009]
The following items are prohibited from being burned within the Borough: roof shingles, tires, paint or paint cans, aerosol or spray cans, plastic, rubber, fiberglass, or any other polymers, pressure-treated wood or any wood treated with CCA, creosote or OSMOSE. No human or animal waste or any other substances which emit noxious or toxic fumes and smoke shall be burned.
[Ord. 763-09, 3/23/2009]
An outdoor solid-fuel-burning appliance may be used in the Borough only in accordance with the following provisions:
A. 
An appliance shall not be used to burn any of the prohibited materials listed in § 7-303 of this Part.
B. 
Any outdoor solid-fuel-burning appliance located within all zoning districts of the Borough shall be located on a lot of not less than three acres and shall not be less than 200 feet from any lot line.
C. 
Any appliance shall have a minimum chimney height of 20 feet or the maximum height allowable by the manufacturer. If less than 20 feet, one must provide the Borough with documentation from the manufacturer confirming the restriction.
D. 
All appliances shall comply with emissions standards as required for outdoor solid-fuel-burning appliances, as promulgated by the Environmental Protection Agency (EPA). For the purposes of this Part, all emission standards currently required by the EPA are hereby adopted and incorporated herein by reference, as well as any amendments or modifications made to them hereafter.
E. 
All appliances shall be installed, operated and maintained in strict compliance with the manufacturer's instructions and guidelines for the said appliance. In the event that a conflict arises between the manufacturer's instructions and regulations, and the regulations contained in this Part, the stricter instructions or regulations shall apply.
F. 
All ashes or waste may be disbursed on the property where the appliance is located. Any large accumulation of ashes or waste exceeding five yards must be disposed of in a manner approved by the Borough and/or the Pennsylvania Department of Environmental Protection.
G. 
All appliances shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure pursuant to a permit issued hereunder, including residential swimming pools.
H. 
In the event that the appliance is damaged more than 50%, or it is physically deteriorated or decayed, the said appliance must be removed and/or replaced with a new unit within 60 days of the date the notice is received from the Borough. In such event, all provisions of this Part, including but not limited to permitting procedure, shall be complied with.
I. 
Outdoor solid-fuel-burning appliances on lots less than 20 acres shall not be operated from May 15 to September 15. Any outdoor solid-fuel-burning appliance on lots of 20 acres or more may be operated throughout the calendar year.
[Ord. 763-09, 3/23/2009]
1. 
No person shall install, start or maintain any outdoor solid-fuel-burning appliance without first obtaining a permit issued by the Borough.
2. 
Before a permit can be issued hereunder, an inspection of the proposed installation shall be required. In addition, a site plan is required showing the location of the proposed appliance on the property, location and height of all existing structures on the property, and distances from the appliance to existing structures on the property. The manufacturer's specifications and instructions shall also be furnished to the Borough before a permit can be issued.
3. 
A permit can only be issued if all requirements contained in this Part are strictly complied with.
4. 
Any violation of the aforementioned conditions shall be deemed a violation of this Part. Any violation of this Part or the issued permit shall void the permit.
5. 
The fee for a permit shall be determined by resolution of the Borough Council adopted from time to time pursuant to the Borough Fee Schedule.
[Ord. 763-09, 3/23/2009]
A person utilizing or maintaining an outdoor solid-fuel-burning appliance shall be responsible for all fire suppression costs and any other liability resulting from damage caused by a fire.
[Ord. 763-09, 3/23/2009]
Any Zoning and/or Code Enforcement Officer of the Borough may inspect any property for the purpose of ascertaining compliance with the provisions of this Part. If access is denied, access shall be obtained pursuant to applicable laws of the Commonwealth of Pennsylvania.
[Ord. 763-09, 3/23/2009]
A. 
The Zoning and/or or Code Enforcement Officer of the Borough is authorized to enforce any provisions of this Part.
B. 
Any person, firm or corporation who shall violate any of the provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $500, and in default of payment of said fine, be subject to imprisonment for a term of not more than 30 days. Every day that a violation of this Part continues shall be deemed to be and shall constitute a separate offense hereunder.
C. 
This Part shall be governed by the laws of the Commonwealth of Pennsylvania.