Note: This Ordinance replaced Ordinance 1994-4 Air Pollution Control Ordinance

 Note: This Ordinance was amended under Resolution 2015-1 , May 18, 2015

Air Pollution Control Ordinance  

An Ordinance of the Borough of Bolivar, County of Westmoreland and Commonwealth of Pennsylvania, Regulating Outdoor Burning and Regulating the Installation of Outdoor Furnaces.

Whereas , the Borough of Bolivar has determined that outdoor burning poses a health hazard to its residents under certain circumstances, and,

Whereas, the Borough of Bolivar has determined that outdoor burning and the operation of outdoor furnaces pose significant potential fire hazards and nuisance concerns and,

Whereas, the Borough of Bolivar is authorized to regulate burning activities, and smoke emissions pursuant to 53 P.S. Section 46202 (16) and (21) of the Borough Code.

Now Therefore, the following is ordained and enacted.

A. Definitions

1. As used in this Ordinance the following terms shall mean:

a. Outdoor open fire. shall mean any open flame incineration of any substance, however, it shall not mean an incineration of gas for the purposes of operating a torch for lighting, or metal repair or cutting, nor shall it mean an incineration of gas, charcoal or non- treated wood for the purposes of cooking.

b. Yard Waste shall mean the products of cutting and grass and yard materials, leaves, trees, tree branches, shrubs, vines and any other naturally growing plant item.

c. Outdoor Furnace is defined as "any equipment, device, apparatus, or structure or any part thereof which is installed, (excluding, pre-existing flues for in-home heating systems), affixed or situated outdoors, or in buildings, nor designed or used for human habitation for the purpose of combustion of any type of fuel to produce heat or energy used as a component of a heating system providing heat for an interior space or water source."

d. Building Heating Systems shall include, but not be limited to, an "outdoor furnace".

B. Open Fire Burning

1. Outdoor open fire burning is permitted each Saturday between dawn and dusk.

2. All outdoor open fire burning shall occur in a non-flammable container or fire - pit constructed of non-flammable materials.

3. Only permitted materials shall be burned in outdoor open fires.

4. Permitted materials shall consist of non-treated wood, yard waste, paper, and cardboard.

5. All outdoor open fires shall be attended at all times

6. All outdoor open fires shall be completely extinguished before the 12:00 A.M. on Sunday or before being left unattended. Completely extinguished shall mean that all flames and glowing coals shall be extinguished with water.

7. Notwithstanding any other provisions within Section B, the Mayor may declare a temporary ban on all outdoor open burning, when weather conditions are such that outdoor burning would constitute a danger to persons or property. In the event that such a temporary ban has been instituted, no person shall be cited, when otherwise burning in accordance with the provisions of this Ordinance unless that person has been notified of the temporary ban and been given the opportunity of immediately extinguishing the flame, embers or coals.

8. Violation of the foregoing provisions shall be punishable by a fine of not less than $100.00 nor more than $300.00 and in default of payment of such fine, by imprisonment not exceeding 90 days. 

C. Outdoor Furnace

1. No person shall, construct, install, establish, operate or maintain an outdoor furnace other than in compliance with the applicable sections of this Ordinance and shall submit to the designated Borough Official an application for the erection of such a furnace.

2. No person shall operate an outdoor furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this Ordinance regarding the fuels that may be burned and the chimney height.

3. All outdoor furnaces shall be constructed, established, installed, operated, and maintained in conformance with the manufacturer's instructions and the requirements of this Ordinance. In the event of a conflict, the requirements of this Ordinance shall apply unless the manufacturer's instructions are stricter, in which case, the manufacturer's instructions and requirements shall apply as to that instruction of requirement.

4. The owner of any outdoor furnace shall provide a copy of the manufacturer's owner's manual and installation instructions to the Code Enforcement Officer for review prior to installation.

5. Outdoor furnaces shall not be placed less than twenty-five (25) feet from a property line and forty (40) feet from the nearest point of intersection of any other adjacent property owner's structure and shall have a chimney stack, smokestack, and / or other source of smoke utilized for the purposes of emitting smoke from a building heating system of at least twenty (20) feet and / or at least two (2) feet above the roof line of the highest structure within two hundred (200) when installed. Said chimney stack shall also have a spark arrestor installed on top.

6. An area of twenty (20) feet around the outdoor furnace structure shall be free of combustible material, including vegetation, except grass not exceeding four (4) inches in height.

7. The minimum required lot size for an outdoor furnace is 40,000 square feet. 

8. No fuel other than natural wood without additive, wood pellets without additive, low sulfur coat #2 heating oil and agricultural seeds in their natural state may be burned in an outdoor furnace or building, heating system. Processed wood products, garbage and painted or treated wood are prohibited.

9. Furnaces are prohibited to burn between June 1 and August 30th.

10. Outdoor furnaces which are designed to heat structures ten percent (10%) greater than the size of the existing structure (s) to be heated are not permitted.

11. Outdoor furnaces and associated installation shall be subject to inspection by the code Enforcement Officer at any reasonable time to assure compliance with terms hereof.

12. Outdoor furnace installation is subject to permit provisions of the other Ordinances including, but not limited to, the Uniform Construction Code , any other building code Ordinances and zoning Ordinances including furnishing the following information.

a. A drawing providing and identifying all of the information necessary to assure compliance herewith, including property lines, location of neighboring properties and structures, height of nearby buildings etc.

b. Manufacturer's specifications for the outdoor furnace.

c. Compliance with all applicable State and Federal Statues, including the Environmental Protection Agency (EPA) and the Underwriter's Laboratory (UL) listing.

13. Nothing contained herein shall authorize any installation that is a public or private nuisance, regardless of compliance herewith.

14. This Ordinance shall not be a defense to any civil claims.

D. Enforcement 

15. Noncompliance with the provisions of this Ordinance shall constitute a nuisance, and the Police Department of Building Code Enforcement Officer, or any other official designated by the Borough shall issue a written notice to be served by registered or certified mil upon the owner of said premises, or it he owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.

16. Said notice shall specify the condition complained of and shall require the owner to commence to remove or otherwise rectify the condition as set forth therein within thirty(30) days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.

E. Penalty

17. Any person who shall violate any provision of this Ordinance shall, upon conviction thereof, be sentence to pay a fine of not more than one thousand dollars $1,000.00) and in default of payment to undergo imprisonment for a tern not to exceed ninety (90) days. Each day that a violation of this ordinance continues shall constitute a separate offense.

F. Grandfather Clause

18. This ordinance shall be construed to be retroactive and shall not require the removal of any outdoor furnace or component thereof in existence within the Borough at the effective date of this Ordinance. all outdoor furnaces in existence at the effective date of this Ordinance shall have, or must erect within ninety (90) days, a flu or chimney at least two feet higher than the highest point of the roof of the nearest residential structure, along with an approved spark arrestor. If an outdoor furnace is more than fifty (50%) percent of its original design, any rebuilding or restoration of said outdoor furnace must fully comply with all provisions of this Ordinance.

G. Variance

19. The Council may grant variances based upon a presentation of unique factors establishing the restrictions herein to be both unnecessary for the protection of the public health, safety and welfare and impractical or not feasible with which to comply. the burden of establishing such factors shall be on the applicant.

H. Severability

1. The provisions of this Ordinance are severable and if any provision should be declared invalid for any reason, the remainder shall continue in force as valid.

I. Effective Date and Repealer

1. The effective date of this Ordinance shall be January 1, 2009

2. This Ordinance specific repeals the Air Pollution Control Ordinance dated July 11, 1994, in its entirety.

Clark Baird

Council President

Attest: Approved:

Kelly Lupacchini

Secretary

Mayor Everett Saxton

Original Ordinance on file in Vault