1. No person shall, from the effective date of this Part, construct, install, establish, operate or maintain an outdoor furnace other than in compliance with the applicable Sections of this Part.
2. No person shall, from the effective date of this Part, operate an outdoor furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this local law regarding fuels that may be burned in an outdoor furnace as set forth in §§10-207.A and 10-207.B of this Part and chimney height as set forth in §10-207.C of this Part.
3. All outdoor furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this Part. In the event of a conflict, the requirements of this Part shall apply unless the manufacturer's instructions are more strict, in which case the manufacturer's instructions shall apply.
4. The owner of any outdoor furnace shall produce the manufacturer owner's manual or installation instructions to the Building Codes Permit Office to review prior to installation.
5. All outdoor furnaces shall be laboratory tested and listed to appropriate safety standards, such as UL, CAN/CSA, ANSI or other applicable safety standards.
6. If an existing outdoor furnace is, through the course of a proper investigation by local authorities, creating a verifiable nuisance, as defined by the Borough's ordinance or State laws, the Borough may issue a cease and desist order stopping operation of said furnace until reasonable steps can be taken to be sure the wood furnace will not be a nuisance. In addition, natural wood shall be wood that does not have moisture content either internal or external which would cause said natural wood, during combustion, to discharge an excess amount of water vapor. The Borough may issue an intent to cease and desist the operation of said furnace until reasonable steps can be taken to make sure the wood furnace will not be a nuisance.
7. Once an intent to cease and desist is issued, the home owner shall have 5 days to file for a hearing before the Borough to determine if a cease and desist order should be enforced. If the homeowner fails to file an appeal or fails to have the Borough official lift the intent to issue a cease and desist order, the homeowner shall stop using the furnace.
8. In the event the Borough issues a cease and desist order as outlined above, the owner shall be allowed to make modifications to the unit to eliminate the nuisance. For example, extending the chimney or relocating the outdoor furnace or both.
9. Outdoor furnaces shall not be operated during the months of June, July and August unless specifically authorized by Resolution of Council due to emergency situations.
10. All existing outdoor furnaces which are located within the Borough of Blossburg prior to the effective date of this Part shall be, upon application, granted a permit. The permit shall be issued without fee and shall be documentation that the outdoor furnace predated this Part. Owners and/or operators of existing outdoor furnaces shall not be required to abide by the provisions of this Part concerning installation or location. All existing outdoor furnaces shall, however, abide by the same terms and conditions of new installations in regards to the type of fuel used or prohibited, seasons of operation and quality of operation as it effects the community due to smoke, pollution and nuisance.
11. In the event that an outdoor furnace, a wood furnace or existing outdoor furnace is determined to be 50 percent torn down, physically deteriorated, rusted or decayed, the appliance must be removed and/or replaced with a new unit. In the event of replacement of a new unit, all the requirements of §10-209 must be followed. However, the replacement stove shall be considered an existing outdoor furnace pursuant to §10-206.10.
(Ord. 417, 3/10/2008, §6)