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 § 93.17. Only firewood, clean wood, untreated lumber or pellets made from clean wood are permitted to be burned in any outdoor fuel burning appliance. Home heating oil, natural gas, propane or that which complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual fired outdoor wood burning boilers shall also be permitted.
(B) Any outdoor solid fuel burning appliance shall be located on a lot of not less than one acre and shall be not less than 75 feet from any lot line and shall not be less than 100 feet from any structure not served by the unit.
(C) Chimney location: no person shall install an outdoor solid fuel burning appliance unless it has a permanent attached stack with a minimum stack height of 20 feet above the ground that also extends at least two feet above the highest peak of any structure not served by the unit located less than 150 feet from the outdoor solid fuel burning appliance, unless the unit is Phase 2 compliant and manufacturer recommends a lower stack height.
(D) (1) All appliances shall comply with emissions standards as required for outdoor solid fuel burning appliances, as promulgated by the Environmental Protection Agency (EPA). For purposes of this subchapter, all emission standards currently required by the EPA are hereby adopted by reference as well as any amendments or modifications made to them hereafter.
(2) No person shall use or operate a new or existing outdoor solid fuel burning appliance unless it complies with all existing state and local regulations. Some regulations of this commonwealth that could apply include:
(a) 25 Pa. Code § 121.7 - Prohibition of Air Pollution;
(b) 25 Pa. Code § 123.1 - Fugitive Emissions;
(c) 25 Pa. Code § 123.31 - Odor Emissions;
(d) 25 Pa. Code § 123.41 - Visible Emissions;
(e) Section 8 of the APCA, 35 P.S. § 4008 - Unlawful Conduct; and
(f) Section 13 of the APCA, 35 P.S. § 4013 - Public Nuisances.
(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 subchapter, the stricter instructions or regulations shall apply.
(F) All ashes or waste 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 and accessory structures.
(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 that notice is received from the borough. In such event, all provisions of this subchapter, including but not limited to permitting procedures, shall be complied with.
(I) Outdoor solid fuel burning appliances shall be operated only between October 1 and May 1 of each year.
(J) Spark arrestors: all outdoor solid fuel burning appliances shall be equipped with properly functioning spark arrestors if recommended by the manufacturer.
(K) Catalytic converter: all outdoor solid fuel burning appliances installed within the borough must be equipped with a properly functioning catalytic converter, unless the unit is EPA OWHH Phase 1 or Phase 2 program qualified.
(L) The use of such outdoor solid fuel burning appliances must follow all operating instructions supplied by the manufacturer.
(M) Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace 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.
(N) Standards for installation shall also require the outdoor solid fuel burning appliances 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.
(O) All stacks or chimneys must be so constructed to withstand high winds or other related elements.
(P) The use of lighter fluids, gasoline, or chemicals to start the furnace is prohibited.
(Q) The appliance shall be located on a property with due consideration to prevailing wind conditions.
(R) No person shall use or operate a new or existing outdoor solid fuel burning appliance unless it complies with all existing state and local regulations. Some regulations of this commonwealth that could apply include:
(1) 25 Pa. Code § 121.7 - Prohibition of Air Pollution;
(2) 25 Pa. Code § 123.1 - Fugitive Emissions;
(3) 25 Pa. Code § 123.31 - Odor Emissions;
(4) 25 Pa. Code § 123.41 - Visible Emissions;
(5) Section 8 of the APCA, 35 P.S. § 4008 - Unlawful Conduct; and
(6) Section 13 of the APCA, 35 P.S. § 4013 - Public Nuisances.
(S) All outdoor solid fuel burning appliances shall comply with the standards of EPA OWHH Phase 2 Program qualified models or better.
(Ord. 248-2010, passed 7-5-2010) Penalty, see § 93.99