Township of Upper Pottsgrove, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove 7-21-2014 by Ord. No. 474. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 122.

§ 189-1 Title.

This chapter shall be entitled "Upper Pottsgrove Township Outdoor Solid Fuel Burning Furnace Regulatory Ordinance."

§ 189-2 Authority.

This chapter is enacted pursuant to the authority set forth in the First Class Township Code, 53 P.S. § 55101 et seq.

§ 189-3 Applicability.

This chapter shall apply to the use and operation of all outdoor solid fuel burning furnaces in the Township of Upper Pottsgrove.

§ 189-4 Purpose and scope.

This chapter is enacted to provide reasonable rules and regulations with respect to the use and operation of all outdoor solid fuel burning furnaces. It has been determined that air pollution from outdoor solid fuel burning furnaces may be detrimental to the health, safety, comfort, living conditions and welfare of citizens of the Township and is hereby declared to be the policy of the Township to regulate the use of outdoor solid fuel burning furnaces in order to protect the general health, safety and welfare of residents.

§ 189-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APCA
Air Pollution Control Act.[1]
CLEAN WOOD
Natural wood that has no paint, stains, or other types of coatings, and natural wood that has not been treated with preservatives or chemicals, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
EPA
United States Environmental Protection Agency.
OUTDOOR SOLID FUEL BURNING FURNACE
An outdoor solid fuel burning furnace is any equipment, device or apparatus which is installed, affixed or situated outdoors, and not situate 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, green houses, conservatories and swimming pools. These furnaces are also referred to as outdoor wood-fired boilers, outdoor hydronic heaters, outdoor solid fuel burning appliances and outdoor solid fuel burning equipment, outdoor wood burning furnaces, outdoor furnaces and the like.
STACK
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor solid fuel burning furnace, especially that part of a structure extending above a roof.
[1]
Editor's Note: See 42 U.S.C. § 7401 et seq.

§ 189-6 Regulations applicable to outdoor solid fuel burning furnaces.

A. 
No person shall, from the effective date of this chapter, construct, install, establish, operate or maintain an outdoor solid fuel burning furnace other than in compliance with the requirements set forth in this chapter.
B. 
No person shall, from the effective date of this chapter, operate or use any outdoor solid fuel burning furnace between April 15 and October 15 of each year.
C. 
From effective date of this chapter, any outdoor solid fuel burning furnace shall have a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak or highest point of the roof of any occupied building located less than 150 feet from the outdoor solid fuel burning furnace.

§ 189-7 Violations and penalties.

A. 
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Justice in a manner provided for the enforcement of summary proceedings under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs of prosecution. Each day that a violation of this chapter continues shall constitute a separate and distinct offense.
B. 
The Board of Commissioners have instituted an action in equity for injunction to restrain any violation of this chapter.