Published: November 30, 2008 11:32 pm      

Area ordinances vary from regulations to outright bans

Homeowners interested in installing an outdoor furnace in Patton, Ebensburg or Windber should be prepared: Only those with plenty of land need apply.

It’s even more restrictive in Nanty Glo, Somerset Borough, Berlin and Salisbury, where outdoor furnaces are banned altogether.

Municipalities throughout Cambria and Somerset counties have adopted outdoor-furnace regulations or are considering them as the unstable price of fuel oil is sending people in search of alternative heating sources.

“If you have no close neighbors, it’s not a problem,” Patton Mayor Steve Bakajza Jr. said. “But our regulations are pretty tough. When houses are only 20 feet apart, you have to be considerate of your neighbors with the smoke.”

Municipalities in the region are working to eliminate or reduce the impact of the outdoor furnaces, which the U.S. Environmental Protection Agency says can create wood smoke that is harmful to the elderly, pregnant women and others with certain medical conditions.

Ordinances vary widely: While a few prohibit the furnaces outright, many regulate how close the equipment can be to structures, flue height, smoke emissions and fuel, which must be natural wood, coal or another approved material.

Problems with a furnace in a residential area of another municipality sent Somerset Borough to the drawing board with a final ordinance imposing an all-out ban.

“It prohibits outdoor furnaces period,” Borough Manager Ben Vinzani said. “It’s not that you can have one if you have a certain amount of land. You can’t have them at all. Outdoor furnaces are banned totally in the borough.

“It came about after someone installed a furnace and presented a significant problem with air quality and quality-of-life issues.”

Salisbury Secretary Nancy Green said the half dozen or so outdoor furnaces existing in the borough were grandfathered in a year ago when a ban was imposed.

“I do know people are hurting because of the price of heating oil, but the whole town is a smog,” Green said.

A low cloud ceiling pushes smoke down, creating many of the problems, said Kerry Claycomb, Berlin Borough manager, where the furnaces also are prohibited.

“I think it was proactive on the part of our Borough Council when gas prices started to increase and people started to talk about supplemental heat,” he said.

Supervisor Buzzy Shook calls Cambria Township’s ordinance “property management,” especially when complaints came from the Colver and Beulah Road area.

“I think (the furnaces are) fine things if you live out and have a lot of property,” Shook said.

Somerset Township is in its third year of furnace regulations. Secretary-Treasurer Jack Biancotti said it’s working.

“(The furnaces) are probably a good idea,” he said. “They’re probably economical to use. But they can create a problem if it’s (used in) more of a residential area.”

So far, the ordinances appear to be legally solid, said Ebensburg lawyer C.J. Webb, who has developed a number of local furnace laws.

“I don’t know of any challenges around here, and I haven’t seen any successful challenges in the state. I think banning is always a much higher hurdle to get over” than limitations, Webb said.

David Nolan of Portage, who makes his living selling and installing outdoor furnaces, thinks local ordinances can be a good thing. He sat at the table as the Portage Township supervisors crafted a law set for adoption this month.

The regulations regarding smoke stacks vary the farther a furnace is from a structure. The regulation acknowledges that some parts of the township are sparsely populated.

“Portage has a very good ordinance,” Nolan said.

“If they really sit down and think about it, communities can come up with a good ordinance.”