Township of New Britain, PA OUTDOOR SOLID FUEL BURNERS/FURNACES

Wood that does not have paint, stains, or other types of coatings, and wood that has not been treated with substances, including, but not limited to, copper arsenate, creosote, or pentachlorophenol and wood pellets made from clean wood.

EPA OWHH PHASE 2 PROGRAM QUALIFIED MODEL

An outdoor solid fuel burning appliance that has been EPA OWHH Phase 2 Program qualified. The model has met the EPA OWHH Phase 2 Program particulate matter emission limits and is identified with the proper qualifying label and identification.

OUTDOOR SOLID FUEL BURNING APPLIANCE

Also known as "outdoor wood-fired hydronic heaters (OWHH)," "outdoor wood boilers (OWB)" or "water stoves," etc., means 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 on the property, to a structure used for human or animal habitation on the property, or to any accessory uses or structures, including, but not limited to, greenhouses, conservatories and swimming pools located on the property.

§ 10-303 Outdoor Solid Fuel Burning Appliances.

[Ord. 2011-04-02, 4/4/2011, Art. I]

Any person desiring to install an outdoor solid fuel burning appliance within New Britain Township shall be required to obtain the requisite permit from the Township and shall pay the requisite fee. The permit application shall be signed by all owners of the property on which the outdoor solid fuel burning appliance will be located and the contractor installing the appliance. No permit for such an outdoor solid fuel burning appliance shall be issued until the plans and specifications have been approved by the Code Enforcement Officer and/or Township Engineer in accordance with this Part, and all other requisite approvals needed under the Township Code of Ordinances have been secured.

The requirements set forth in this section do not apply to the following:

Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

Burning in a stove, furnace, fireplace or other heating device located within a building or structure used for human habitation.

Unless specific written approval has been obtained from the Township and PA Department of Environmental Protection (PA DEP), the following materials may not be burned in an outdoor solid fuel burning appliance (appliance) under any circumstances:

Rubbish or garbage including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction and demolition debris or other household or business wastes.

Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to applicable PA DEP regulations.

Asphalt and products containing asphalt.

Treated or painted wood including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives, or any other wood that does not meet the definition of clean wood.

Any plastic material including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, films and containers.

Rubber including tires and synthetic rubber-like products.

Any material that is not recommended for burning by the manufacturer of the appliance.

Newspaper, cardboard, particleboard or any paper with ink or dye products.

Lawn clippings or yard waste.

Any hazardous waste.

Coal.

Manure.

Waste petroleum products.

Fuel burned in any new or existing outdoor solid fuel burning appliance shall only be clean wood, natural untreated wood, wood pellets from clean wood, approved corn products, approved biomass pellets or other fuels specifically permitted by the Township and the manufacturer's instructions.

No person shall install an outdoor solid fuel burning appliance that is not an EPA OWHH Phase 2 Program qualified appliance.

All outdoor solid fuel burning appliances shall have a permanently attached stack that extends a minimum of 10 feet above the ground and is installed in accordance with the manufacturer's specifications.

No outdoor solid fuel burning appliance shall be located less than 100 feet from any property and/or lot line unless the lot is under common ownership with the property owner of the lot on which the appliance is to be located, and the lot does not contain an occupied structure.

No outdoor solid fuel burning appliance shall be located less than 200 feet from any occupied structure not located on the lot on which the appliance will be located.

The applicant shall provide documentation confirming that the manufacturer certifies that the proposed chimney height is safe and appropriate for the proposed use and location. The maximum height of the outdoor solid fuel burning appliance stack or chimney shall not exceed the maximum height requirement in the specific zoning district wherein the appliance is located.

For new outdoor solid fuel burning appliances, no person shall install such an appliance unless it has a permanently attached chimney with a minimum chimney height of 10 feet above the ground and at least two feet above the highest peak of any residence located less than 150 feet from the appliance, unless otherwise restricted by the manufacturer's certification and/or approved by the Township.

For existing outdoor solid fuel burning appliances that have been the subject of a complaint and/or violate the Township's nuisance regulations relating to smoke and/or odors, no person shall continue to use or operate such an appliance until such nuisance has been resolved and unless it has a permanent attached chimney with a minimum chimney height of 10 feet above the ground and at least two feet above the highest peak of any residence located less than 500 feet from the appliance, unless otherwise restricted by the manufacturer's certification and/or approved by the Township.

10.

No person shall use or operate a new or existing appliance unless it complies with all existing federal, state and local regulations, as applicable, including, but not limited to, the following:

25 Pa. Code § 121.7, as amended, "Prohibition of Air Pollution."

25 Pa. Code § 123.1, as amended, "Fugitive Emissions."

25 Pa. Code § 123.31, as amended, "Odor Emissions."

25 Pa. Code § 123.41, as amended, "Visible Emissions."

Section 8 of the APCA, 35 P.S. § 4008, as amended, "Unlawful Conduct."

Section 13 of the APCA, 35 P.S. § 4013, as amended, "Public Nuisances."

11.

All appliances shall be installed, operated, and maintained in strict compliance with the manufacturers' instructions and guidelines for the 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 and/or regulations shall apply.

12.

All ashes or waste may be disbursed on the property where the appliance is located unless otherwise prohibited by law. Any large accumulation of ashes or waste must be disposed of in a manner approved by the Township of New Britain and the Pennsylvania Department of Environmental Protection.

13.

All appliances shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure, including residential swimming pools, located on the property wherein the appliance is located.

14.

Outdoor solid fuel burning appliances shall be operated only between September 1 and May 1 each year, unless otherwise approved by the Township.

15.

Spark Arrestors. All outdoor solid fuel burning appliances shall be equipped with properly functioning spark arrestors.

16.

Catalytic Converter. All outdoor solid fuel burning appliances installed within New Britain Township must be equipped with a properly functioning catalytic converter, unless otherwise approved by the Township.

17.

Installation of any electrical or plumbing apparatus or device used in connection with the operation of an appliance shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.

18.

Standards for installation of an appliance shall also require the outdoor solid fuel burning appliance to be installed upon a nominal six-inch thick permanent, reinforced cement pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad.

19.

All stacks or chimneys must be constructed to withstand high winds or other related elements, as deemed necessary by the Township.

20.

The use of lighter fluids, gasoline or chemicals to start the appliance is prohibited.

21.

The appliance shall be located on a property with due consideration to prevailing wind conditions.

22.

Any outdoor solid fuel burning appliance in existence on the effective date of this Part shall be permitted to remain, however, all such facilities must comply with Subsections 3, 4, 9, 10, 12, 13, 14, 15, 16, 17, and 22 of this section.

23.

Any resident who has secured a permit to install an outdoor solid fuel burning appliance in so doing will also be agreeing to allow the Township Code Enforcement Officer or any other person designated by the Township to inspect the appliance if a written complaint is filed relative to a violation of this Part.

24.

The Township reserves the right to suspend the use of all outdoor solid fuel burning appliances if weather conditions warrant, based upon air quality warnings which may be issued by monitoring agencies.

25.

A permit issued pursuant to this Part and the use of the outdoor solid fuel burning appliance may be suspended if any of the following conditions occur and/or as the Code Enforcement Officer, or other person appointed by the Board of Supervisors to administer and enforce this Part deems necessary to protect the public health, safety and welfare of the residents of New Britain Township:

Malodorous air contaminants from the appliance are detectable outside the property of the person on whose land the appliance is located.

The emissions from the appliance interferes with the reasonable enjoyment of life on neighboring property.

The emissions from the appliance caused damage to vegetation on neighboring property.

The emissions from the appliance are harmful to human or animal health.

The burning of any material prohibited within this Part.

Any other violation of this Part.

26.

A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this Part and subject the property owner to the penalties provided within the ordinance.

27.

If an outdoor solid fuel burning appliance is replaced or upgraded, a permit shall be required pursuant to this Part.

28.

Outdoor solid fuel burning appliances shall be screened with plantings acceptable to the Township and/or Township Engineer and such plantings shall be arranged in an informal manner.

§ 10-304 Abandonment and/or Decommissioning of Outdoor Solid Fuel Burning Appliance.

[Ord. 2011-04-02, 4/4/2011, Art. I]

If an OSFA remains nonfunctional or inoperative for a continuous period of six months, the system shall be deemed to be abandoned and constitute a public nuisance and shall thereafter be removed by the property owner.

The OSFA owner, at his/her sole expense, shall complete decommissioning of the system within six months after the end of the useful life of the system, or within six months of damage which prevents the system from operating in a safe manner at full capacity or according to industry standards.

The owner shall remove the abandoned and/or decommissioned system after a demolition or other requisite permit has been obtained from the Township. Removal includes the entire structure including foundations to below natural grade, external mechanical equipment and transmission equipment.

§ 10-305 Administration.

[Ord. 2011-04-02, 4/4/2011, Art. I]

Permits. The appropriate permit shall be secured prior to the erection, structural repair, alteration and/or relocation of any OSFA within the Township. For purposes of obtaining a permit, the applicant shall make application in writing to the Township and shall submit the following information and documents to the Township, together with the additional specific requirements of each OSFA as set forth in this Part:

Name and address of the owner of the property wherein the OSFA is proposed and a detailed description of the type, make and model of the OSFA being proposed.

Name and address of the applicant.

A plot plan (one-eighth inch per foot or greater) showing the location of the lot, building, and proposed OSFA system in relation to each public right-of-way, building, property line, neighboring properties, and driveways. It shall also identify the lot area, location of existing natural and man-made features, ownership information for adjoining properties, setback measurements from property and street lines and any additional information deemed necessary by the Township.

Construction plans, including all pertinent engineering data to the Township.

Inspection. The Building Inspector and/or Code Enforcement Officer, or other designated Township representative, shall require the proper maintenance and use of all OSFAs and will inspect every OSFA for which a permit is required within 10 days after work is completed on the OSFA.

Fees and Deposits. Permit fees and escrow deposit amounts, as required by the Township, shall be set by resolution of the Township Board of Supervisors. The applicant for an OSFA application requiring a review by the Township Engineer and/or other professional consultant of the Township shall be required to post an appropriate escrow deposit and enter into a professional services agreement with the Township.

§ 10-306 Enforcement.

[Ord. 2011-04-02, 4/4/2011, Art. I]

The Township Manager, or his/her designee, the Code Enforcement and/or Zoning Officer are authorized to enforce this Part.

If the Township Manager, or his/her designee, finds or learns that any provision of this Part has been violated, he/she shall provide notification in writing to the person responsible for the violation and the property owner, indicating the nature of the violation and ordering the action necessary to correct it.

If the violation is not corrected within the time specified in the written notification from the Township, the Township Manager, or his/her designee, may:

Order repairs or removal of any OSFA and its supporting structures deemed to be dangerous, in disrepair or in violation of this Part and/or order the violating individual(s) to cease utilizing the outdoor solid fuel burning appliance.

Revoke the applicable permits.

Seek penalties, fines and injunctive relief in accordance with the law.

§ 10-307 Penalties.

[Ord. 2011-04-02, 4/4/2011, Art. I]

Any person that violates any provision of this Part or any lawful order relating to this Part by the Township Manager, or his/her designee, shall be subject to a fine of not less than $100 nor more than $600 per violation. Each day that the violation continues is a separate violation. In the event that New Britain Township incurs any expense in the enforcement of this Part, including, but not limited to, court costs and attorney's fees, the Township shall be entitled to collect such costs from the violator. Any penalties or costs assessed shall be payable to New Britain Township. In addition to fines, judgments and/or costs set forth above, the Township reserves the right to pursue all other available remedies at law or in equity under the laws of the Commonwealth of Pennsylvania. Any person who has violated or permitted a violation of this Part shall be subject to having their permit suspended or revoked by the Township. Any person who has violated or permitted a violation of this Part shall also immediately cease all outdoor solid fuel burning appliance within the Township until otherwise permitted by the Township.

§ 10-308 Appeals.

[Ord. 2011-04-02, 4/4/2011, Art. I]

Any person aggrieved by the issuance of any permit or by a decision of the Township Manager, or his/her designee, under this Part may appeal the decision to the Township Board of Supervisors within 30 days of the date of the decision and/or order. The Township Board of Supervisors has the authority to interpret the provisions of this Part and to waive the standards included in this Part when a literal enforcement of the provisions of this Part would result in the unreasonable prohibition of outdoor solid fuel burning appliances. The Pennsylvania Local Agency Law, as amended, shall govern such appeals and proceedings.