Part 2
External Fuel Burning Devices

§10-201 Authority.

This Part is adopted in conformance with and pursuant to authority granted by 53 P.S. §§46202(3), (4), (5), (11) and 46203 of the Borough Code, as amended, and §4012 of the Air Pollution Control Act, 35 P.S. §4012, as amended.

(Ord. 756, 6/4/2007, §1)

§10-202 Definitions.

The following words used in this Part shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section:

Borough–the Borough of Selinsgrove, Snyder County, Pennsylvania.

External fuel-burning device–a device or appliance constructed to burn oil, wood, coal, or other fuels manufactured for placement outdoors for the heating of the living area of and/or the water used in a dwelling or structure.

Person–a natural person, firm, partnership, association, corporation, trust, or any entity with legal responsibilities. Whenever used in any clause prescribing or imposing a fine or imprisonment, or both, person shall mean, as applied to associations, the partners or members thereof and, as applied to corporations, the officers thereof.

(Ord. 756, 6/4/2007, §2)

§10-203 Purpose.

This Part is enacted to promote the general health, welfare, and safety of the community by prohibiting external fuel-burning devices within the Borough.

(Ord. 756, 6/4/2007, §3)

§10-204 Prohibited Devices.

All future outdoor fuel-burning devices or appliances are hereby prohibited within the Borough. No person shall place or install an external fuel-burning device or appliance on his, her, its, or their real property within the Borough.

(Ord. 756, 6/4/2007, §4)

§10-205 Grandfather Clause.

This Part shall not be construed to be retroactive and shall not require the removal of any external fuel-burning device or appliance in existence within the Borough at the effective date of this Part. All external fuel-burning devices or appliances in existence on the effective date of this Part shall have or must erect a flue or chimney which has a minimum termination height of 20 feet above the natural ground level upon which the device or appliance is located. If an external fuel-burning device or appliance is more than 50 percent torn down, physically deteriorated or decayed, any rebuilding or restoration of the said device or appliance shall be a violation of this Part.

(Ord. 756, 6/4/2007, §5)

§10-206 Approval by Other Authorities.

Approval by the Borough of any existing external fuel-burning device or appliance under this Part does not relieve any person from any duty of also obtaining approval under regulations of any other authority, notably, the Pennsylvania Department of Environmental Protection or its successor.

(Ord. 756, 6/4/2007, §6)

§10-207 Violations and Penalties.

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 756, 6/4/2007, §7; as amended by Ord. 825, 10/3/2016, §5(B))