[Ord. No. 329, 10/13/2008]
1.
Research has indicated that outdoor fuel burning appliances (OFBA)
cause emission problems that cross property lines. Smoke can penetrate
neighboring buildings and cause problems with visibility. An OFBA
that supplies heat and/or hot water to residences are of special concern
when compared to other outdoor burning and other transient sources
of smoke. The fine particulates in smoke have been recognized as a
particular health concern because they lodge deep in the lungs and
cannot be easily expelled. Health studies have shown an association
between exposure to fine particulates and cardiovascular problems
such as angina, irritated eyes and lungs, headaches, and worsen respiratory
diseases such as asthma, emphysema and bronchitis and in the worst
case can cause premature mortality. The most recent research has demonstrated
that the health impacts of fine particulates are worse than previously
realized, prompting the US EPA, in September, 2006, to lower the National
Ambient Air Quality Standard (NAAQS) for 2.5 micron particulates to
a maximum twenty-four-hour average of 35 micrograms per cubic meter.
It is the intent of the Borough to regulate the installation, maintenance
and operation of OFBA's within the Borough so this air quality
standard can be reasonably met.
2.
The Pennsylvania Code, Title 25, Chapter 121, also prohibits air
pollution. This Part is specifically intended to prohibit any person
within the Borough from operating any OFBA in a manner that the emissions
are visible, malodorous or where air contaminants are detectable,
outside the property of the person owning the appliance.
3.
Residences and commercial and industrial establishments situated
within the Borough are entitled to clean air and environmental circumstances
free of unreasonable dust, obnoxious odors, noxious fumes and smells,
as well as an environment free of stored debris and storage of combustible
fuels within densely populated areas.
4.
This Part shall provide regulations for the installation, replacement
and operation of any exterior fuel burning appliance whose primary
purpose is to convert combustible fuel into a heat or energy source
for interior spaces.
5.
This Part does not apply to:
A.
Grilling or cooking using charcoal, wood, propane or natural gas
in cooking or grilling appliances.
B.
Burning in a stove, furnace, fireplace or other heating device that
is located within a building or structure used for human or animal
habitation.
C.
The use of propane, acetylene, natural gas, fuel oil, gasoline, kerosene,
etc., used in a device that is intended for temporary use during construction
or maintenance activities.
D.
This Part does not apply to patio wood burning units.
[Ord. No. 329, 10/13/2008]
The presence in the outdoor atmosphere of any form of contaminant
including, but not limited to, the discharging from stacks, chimneys,
openings, buildings, structures, open fires, vehicles, processes or
any other source of any smoke, soot, fly ash, dust, cinders, dirt,
noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic,
hazardous or radioactive substances, waste or other matter in a place,
manner or concentration inimical or which may be inimical to public
health, safety or welfare or which is or may be injurious to human,
plant or animal life or to property or which unreasonably interferes
with the comfortable enjoyment of life or property.
Elizabethville Borough.
Any vertical masonry structure enclosing a flue or flues
that carry off smoke or exhaust gases from a furnace, especially that
part of such structure extending above a roof.
Wood without paint, or other coating and wood that has not
been treated with including, but not limited to, cooper chromium arsenate,
creosote pentachlorophenol or other wood life extending preservative.
A residence, whether or not currently occupied. Neighboring
dwellings are dwellings, other than the OFBA owner's dwelling,
which are located in the vicinity of the OFBA and which include, but
are not limited to, dwellings on adjacent properties.
A furnace or appliance for which the manufacture has supplied
a certificate of compliance, or other proof of compliance, with EPA
promulgated emission standards for that particular furnace or appliance
type and model. The certification must be in accordance with EPA approved
procedures and test methods and be conducted by an EPA approved laboratory.
An appliance that is fully installed and operational at the
intended location of use as of the enactment date of this Part.
Particles less than 2.5 microns in size present in the emissions
from furnaces.
Trunks and branches of trees and bushes, not including leaves,
needles, and vines or brush less than three inches in diameter.
National Ambient Air Quality Standards as set forth with
the Code of Federal Regulations (40 CFR Part 50) by the EPA, which
designates pollutants, considered harmful to public health and the
environment.
An appliance that is neither fully installed nor operational
at the intended location of use as of the enactment date of this Part.
A solid structure, which may be a dwelling or building, which
blocks the wind from blowing directly upon a particular dwelling or
building. Trees and bushes do not constitute an obstruction. In addition,
partial obstructions, such as fences or portions of buildings, shall
also be deemed insufficient to be considered an obstruction.
An outside fuel burning appliance is located outside living
space ordinarily used for human or animal habitation, and is designed
to provide heat and/or domestic hot water to spaces or appliances
within the residence or to a separate structure. Most commonly the
appliances are located as a standalone unit, in a shed or other outbuilding
and the heat is transferred by water through a system of insulated
piping or insulated duct work to the residence or other structure.
A chimnea, patio warmer or other portable temporary fuel
burning device used for outdoor recreation and/or heating.
The owner shall only burn fuels in the appliance for which
the appliance was designed to burn and which are approved by the manufacturer.
Although no list of non-burnable materials can be all inclusive, no
person shall burn any of the following fuels or materials in any appliance
under any circumstances:
Any wood that does not meet the definition of "clean wood."
Garbage.
Tires and other tire products.
Waste petroleum products.
Paint and paint thinners.
Construction and demolition debris.
Plywood.
Manure.
Asphalt products.
Animal carcasses or other animal by-products.
Plastic, rubber products, wire and cable insulation.
Household trash, newspapers.
Leaves or wet and soggy wood, grass clippings and other vegetative
matter.
Recyclable material.
Batteries.
Fiberglass or Asbestos products.
Biohazardous waste, bandages, wound dressings, syringes, etc.
Human waste.
Materials that create a foul or offensive odor or that cause
smoke emissions that are reasonably offensive to occupants of the
surrounding properties.
A diverse group of air pollution control devices that can
be used to remove particulates and/or gases from exhaust gas streams.
A flue system for an outside multi-fuel burning stove that
comprises a stainless steel flue pipe extending from a lower anchor
plate at the wood burning stove upwardly and at the top of the flue
pipe a control assemblage including an upper rain cover. The size
and construction of the stack shall be in accordance with the manufacturer's
specifications.
A verbal or written complaint from a Borough residence which is mailed, tendered or delivered to a representative of the Borough, which is subsequently verified to be valid through observation by a Borough representative within 24 hours of receipt of the complaint. In the event of a verbal complaint, the resident will be requested to place the complaint in writing and submit it to a Borough representative. All written complaints must be dated and signed to be the basis of a verified complaint. Upon establishment of a verified complaint the property owner where the outside fuel burning appliance (OFBA) is located shall be subject to §§ 10-506 and 10-507.
A wood burning furnace, heater, stove or other appliance
primarily intended for providing continuous or near continuous heat
and hot water to a dwelling or other building.
[Ord. No. 329, 10/13/2008]
1.
All new OFBA's shall be installed not less than 200 feet from
the nearest dwelling not served by the appliance.
2.
The stack shall be three feet higher than the roof peak of any residence
within 500 feet of the furnace.
3.
The stack shall not exceed 55 feet in height.
4.
A "scrubber" or "filter" system must be attached to the appliance.
5.
A fan or blower system must be attached to the appliance to assist
with the efficient burning of the fuel.
6.
OFBA's shall not be installed within 25 of any structure without
specific permission from the Borough Code Enforcement Officer (CEO)
or other authorized Borough representative.
7.
All OFBA's are required to meet emission standards currently
required by the Environmental Protection Agency (EPA). Emission standards
currently required by the EPA are hereby adopted by reference together
with any amendments or modifications made to them in the future.
8.
All OFBA's shall be installed, operated and maintained in strict
conformance with the manufacturer's specifications and the regulations
promulgated herein. In the event of a conflict, the regulations promulgated
herein shall apply unless the manufacturer's instructions are
stricter, in which case the manufacturer's instructions shall
apply.
9.
No homemade OFBA's will be allowed to operate in the Borough.
10.
Only clean wood, coal, heating oil, natural gas, propane, kerosene
or other fuel specifically permitted by the manufacturer in writing
may be burned in an OFBA. The burning in an OFBA of processed wood
products and nonwood products, household or other garbage, recyclable
materials, rubber tires, railroad ties, leaves, laminated wood, wet
or soggy wood, painted or treated wood and any item not specifically
and in writing permitted by the manufacturer is prohibited.
11.
No OFBA shall be operated until inspected and approved for use by
an authorized third party representative of the Borough Council.
12.
No person shall install or operate a new outside fuel burning appliance
in the Borough without first obtaining a permit. (The permit fee is
$100).
13.
Ashes or waste cannot be accumulated in a large area on the property.
Any accumulation of ashes or waste must be disposed of weekly.
14.
All OFBA's may only be utilized for the sole purpose of furnishing
heat and hot water to a dwelling during the period of October 1 through
April 30; and only if the outdoor fuel burning appliance meets the
requirements of this and any other applicable Borough ordinances.
15.
No OFBA may be operated on days when the EPA has declared an "air
quality action day" applicable to the Borough or Dauphin County.
16.
All storage of materials to be burned in the OFBA, shall be neatly
stacked and/or stored under cover and free from insects (termites,
ants, mosquitoes, etc.), or any type of disease carrying rodents or
vectors.
17.
The stack or chimney shall be reinforced or guyed so as not to pose
a threat to the public or surrounding structures during high winds.
18.
All reinforcement or guying of the stack must be located on the property
the OFBA serves.
[Ord. No. 329, 10/13/2008]
1.
All OFBA's are required to meet emission standards currently
required by the Environmental Protection Agency (EPA). Emission standards
currently required by the EPA are hereby adopted by reference together
with any amendments or modifications made to them in the future.
2.
All OFBA's shall be operated and maintained in strict conformance
with the manufacturer's instructions and the regulations promulgated
herein. In the event of a conflict, the regulations promulgated herein
shall apply unless the manufacturer's instructions are stricter,
in which case the manufacturer's instructions shall apply.
3.
All OFBA's in existence at the effective date of this Part shall
have or must erect a stack or chimney which has a minimum termination
height three feet higher than the roof peak of any residence within
500 feet of the furnace but no more than 55 feet above the natural
ground level upon which the appliance is located.
4.
All OFBA's in existence at the effective date of this Part shall
have or must have installed a "scrubber" or "filter" type system attached
to the appliance.
5.
All OFBA's in existence at the effective date of this Part shall
have or must install fan or blower to increase the efficiency of the
appliance.
6.
Only clean wood, coal, heating oil, natural gas, propane, kerosene
or other fuel specifically permitted by the manufacturer in writing
may be burned in an OFBA. The burning in an OFBA of processed wood
products and non-wood products, household or other garbage, recyclable
materials, rubber tires, railroad ties, leaves, laminated wood, wet
or soggy wood, painted or treated wood and any item not specifically
and in writing permitted by the manufacturer is prohibited.
7.
All OFBA's may only be utilized for the sole purpose of furnishing
heat and hot water to a dwelling during the period of October 1 through
April 30; and only if the OFBA meets the requirements of this Part.
8.
No OFBA may be operated on days when the EPA has declared an "air
quality action day" applicable to the Borough or Dauphin County.
9.
If an OFBA is more than 50% torn down, physically deteriorated or decayed, the appliance must be removed and/or replaced with a new unit and the new unit must comply with all of the regulations listed in § 10-503 of this Part.
10.
Ashes or waste cannot be accumulated in a large area on the property.
Any accumulation of ashes or waste must be disposed of weekly.
11.
All storage of materials to be burned in the OFBA shall be neatly
stacked and/or stored under cover and free from insects (termites,
ants, mosquitoes, etc.) or any type of disease carrying rodents or
vectors.
12.
An authorized representative of the Borough Council shall inspect
all OFBA's in existence at the effective date of this Part for
compliance with this Part.
[Ord. No. 329, 10/13/2008]
1.
No person shall install, replace or operate a new or existing OFBA
in the Borough without first obtaining a permit from the Borough Code
Enforcement Officer or other authorized representative of the Borough.
2.
The request for a permit must be accompanied by a check or money
order as payment of the permit fee. Checks or money orders should
be made payable to "Elizabethville Borough." The permit fee for an
outside fuel burning appliance is $100. If the permit is denied for
any reason this permit fee is nonrefundable.
3.
An additional $30 fee will be charged for any check or money order
that is returned by the financial institution as nonpayable for any
reason. In addition, non-payable checks or money orders shall result
in automatic denial of the application, unless the application fee
and the additional fee are paid in full within 30 days' of notice
of non-payment.
4.
A permit to install, replace or operate an OFBA shall remain in effect
for three years from the time of issuance, unless revoked by the Borough
council for any reason. A new permit must then be applied for and
the OFBA must be reinspected for compliance with the manufacture,
Borough and EPA specifications on file in the Borough office.
5.
The following procedure shall be followed when applying for a permit:
A.
Anyone who desires to install, replace or operate a new or existing
OFBA upon their property in the Borough, must submit a request, in
writing, to the Borough secretary along with the requisite application
fee, at least 30 days prior to the desired date of installation, replacement
or operation.
B.
Proof that the wood-burning appliance is certified to meet applicable
EPA emission standards must be submitted with the request, unless
the appliance is considered by EPA to be exempt from certification
due to generally recognized low emissions. As of the date of this
Part, the following wood-burning appliances are generally recognized
by EPA to not need certification due to low emissions: (1) masonry
stoves, and (2) pellet stoves, provided the air-fuel ratio is greater
than 35:1. For all other uncertified wood-burning appliances, proof
of emissions lower than required for EPA-certified non-catalytic indoor
stoves must be submitted in lieu of proof of certification. The owner
of the wood-burning appliance shall also be required to submit with
the proof of low emissions a copy of the manufacturer's recommended
operating parameters and fuels necessary to achieve the low emissions.
This information shall be kept on file at the Borough office along
with copies of the permit, and proof of certification, or other proof
of low emissions.
C.
If an existing chimney is to be utilized, a statement from the Code
Enforcement Officer, stating that the chimney has been inspected and
is suitable for use with manufacturer's recommended fuels, shall
be submitted with the application. If a new chimney is to be constructed,
a construction permit will be required.
D.
Within five days of receipt of proof of certification, or site inspection,
if required, a letter shall be forwarded to the applicant from the
Code Enforcement Officer or other Borough representative, which either
grants or denies the application to install the wood-burning appliance.
In the event the application is denied, the letter shall state the
reasons for denial.
E.
Should the applicant desire to appeal a denial, written notice of
the request for appeal shall be forwarded to the Borough Secretary
within 30 days of the date of denial.
F.
Upon receipt of an appeal, the applicant will be heard by the Borough
Council during the next scheduled Borough Council meeting.
G.
Following the hearing, the Borough shall issue a written statement
within 30 days granting or denying the application. The decision shall
be forwarded to the applicant by United States first-class mail. The
determination of the Borough Council shall be final unless an appeal
is filed within 30 days to the Dauphin County Court of Common Pleas,
Harrisburg, Pennsylvania, in accordance with applicable procedures.
[Ord. No. 329, 10/13/2008]
It is recognized that improper use, improper fuels, modifying
or tampering with any appliance may cause an increase in emissions,
such that it may become necessary to conduct site inspections to determine
compliance. If a verified complaint is received by the Borough, the
Borough may conduct an inspection to determine if the OFBA is being
operated in accordance with the manufacturer's recommended operating
parameters and approved fuels from the manufacturer's materials
on file at the Borough Office. In the event the owner has received
updated recommendations from the manufacturer, the same shall be utilized
to determine compliance. The owner shall be required to correct any
deviations found as a result of the inspection. Failure to correct
the deviations within 30 days shall constitute a violation of this
Part. The owner's refusal to allow the inspection shall result
in immediate permit revocation.
[Ord. No. 329, 10/13/2008]
1.
The Borough Council may take any appropriate action at law or equity,
civil or criminal, to enforce the provisions of this Part.
2.
The Code Enforcement Officer or other authorized representative of
the Borough may file complaints with the district justice to prosecute
violations of the provisions of this Part.
3.
In the event an owner does not comply with a notice from the Borough
which requires that use of the appliance cease, the Borough shall
have the authority to disconnect the appliance and/or render it unusable.
The owner shall pay the costs of such measures including, but not
limited to, the costs of any equipment and reimbursement of wages
for Borough employees or agents. The Borough, in such event and pursuant
to its statutory or otherwise authorized police powers, shall have
the right and power to enter upon the owner's premises to accomplish
the foregoing.
4.
Every day that a violation of this Part continues, it shall constitute
a separate offense.
5.
Penalties are determined on the basis of the date of commission of
the offense(s).
6.
Penalties.
|
Minimum Fine
|
Maximum Fine
| |
|---|---|---|
|
1st Offense within 3-year period
|
$75
|
$500
|
|
2nd Offense within 3-year period
|
$150
|
$500
|
|
3rd Offense within 3-year period
|
$325
|
$500
|
|
4th or More Offense within 3-year period
|
$500
|
$500
|
8.
Failure of the owner to pay the costs and/or any fine within 60 days
shall result in permanent revocation of their permit.
9.
Nothing in this Part shall be construed to impair any cause of action,
or legal remedy thereof, of any person or the public for injury or
damage arising from the emission of pollutants or the use of an OFBA.
[Ord. No. 329, 10/13/2008]
1.
The owner of the property utilizing or maintaining an OFBA shall
be responsible for all fire suppression costs and any other liability
resulting from damage caused by a fire.
2.
The owner of the property utilizing or maintaining an OFBA shall
be responsible for any damage or other cost to neighboring properties
associated with the installation, maintenance and operation of an
OFBA.
