[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:
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid fuel fired outdoor heating 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.
