Article 5
Installation and Use of Hydronic Heaters

§10-501 Purpose.

This Article is intended to promote the public health, safety, and welfare and to safeguard the health, comfort and living conditions, safety and welfare of the citizens of Cornwall Borough pursuant to the authority vested in the Borough under §46202(6) of the Borough Code, 53 P.S. §46202(6), among other applicable laws, by regulating a source of air pollution arising from the use of hydronic heaters, as hereinafter defined.

(Ord. 2007-5, 11/12/2007, §1)

§10-502 Definition.

Hydronic heater–a fuel burning device designed to (A) burn wood or other manufacturer approved solid fuels; (B) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and (C) heats building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.

(Ord. 2007-5, 11/12/2007, §2)

§10-503 Nuisance.

The Borough Council of the Borough of Cornwall specifically finds that the operation of hydronic heaters results in the emission of air contaminants to the outdoor atmosphere of such quantity, characteristic, and duration so as to be injurious to human, plant, and animal life or to property and unreasonably interferes with the comfortable enjoyment of life or property, which emissions constitute a nuisance as that term is defined in §8-201 of Chapter 8, “Offenses and Nuisances,” Article 2, “Nuisances,” of the Code of Ordinances of Cornwall Borough. Notwithstanding the existence of specific air quality standards or emission limits, the injurious air contaminants include, but are not limited to, any particulate, fume, gas, mist, odor, smoke, vapor, toxic, or deleterious emission, either alone or in combination with others. The conclusions reached herein are based in part upon a project summary prepared by the U.S. Environmental Protection Agency dated February 1998, titled “Emissions for Outdoor Wood-Burning Residential Hot Water Furnaces” which sets forth the emission levels for various combustion devices used for heating structures for human habitation, among other relevant scientific literature.

(Ord. 2007-5, 11/12/2007, §3)

§10-504 Prohibition.

The installation and use of hydronic heaters are hereby prohibited within the Borough of Cornwall.

(Ord. 2007-5, 11/12/2007, §4)

§10-505 Penalties.

Any person, firm or corporation who shall violate any provision of this Article, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article continues or each Section of this Article which shall be found to have been violated shall constitute a separate offense.

(Ord. 2007-5, 11/12/2007, §5; as amended by Ord. 2009-1, 7/13/2009)

§10-506 Removal of Existing Hydronic Heaters.

This Article shall require the removal of any hydronic heater in existence within the Borough within 60 days of the effective date of this Article.

(Ord. 2007-5, 11/12/2007, §7)