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December 23, 2008

Kingston Twp. pulls outdoor furnace citation

Officer said resident will be cited again if more complaints received.

KINGSTON TWP. – Edward Gryskevicz said he got the OK to operate his outdoor wood burning furnace he uses to heat his North Lehigh Street home from township code enforcement officer William Eck.

After township officials in March enacted an ordinance that regulates the use of outdoor furnaces, Gryskevicz claimed Eck inspected his furnace and sent him a letter stating it was in compliance with the township ordinance.

Eck said he only inspected the plumbing and electrical functions of the furnace, but neighbors have complained about the smoke.

“We have five or six such units operating in the township but his is the only one that I received complaints,” said Eck, who cited Gryskevicz with creating a nuisance due to release of air emissions after receiving six complaints from neighbors about the odor.

During a summary trial before District Judge James Tupper in Trucksville on Monday, township solicitor Benjamin R. Jones III withdrew the citation when Tupper said the citation was not filed in a timely manner.

According to the ordinance, Tupper said, Gryskevicz must be given notice and an opportunity by the township to correct the violation before the citation is officially filed with his office.

Tupper said he was prepared to dismiss the citation, but Jones quickly said he wanted to withdraw the summary charge that carries a $500 fine.

It is the second time a citation against Gryskevicz has been withdrawn. A citation filed against him in May was withdrawn when it was learned the citation didn’t include air emissions.

Gryskevicz said he installed the outdoor furnace about three years ago to help offset the cost of heating his home. Neighbors have complained that the odor and smoke from the furnace are causing them to become ill.

The ordinance, which took effect in April, requires owners of existing furnaces to register their units with the township and to have them inspected by the township code enforcement officer to determine compliance with its manufacturer’s installation specifications.

Gryskevicz is exempt under the ordinance from having to obtain a permit to operate the furnace because it is an existing structure. Outdoor furnace units installed after the ordinance took effect requires a permit, Eck said.

“He’ll have an opportunity to correct the violation,” Eck said. “If not and I receive complaints, then the citation will be refiled.”







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