Township of East Nottingham, PA
Chester County
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Table of Contents
Table of Contents

§ 7-101 Fee for Fire and Emergency Safety Inspection.

[Ord. 2002-7, 12/30/2002, § 1]
Each property with improvements at the time of transfer shall be charged a fee for a fire and emergency safety inspection. The fee shall be established by a separate resolution. Based upon this schedule, a donation to the Union Fire Company No. 1's Endowment Fund shall be required for each inspection permit issued as itemized below.

§ 7-102 Agricultural Properties.

[Ord. 2002-7, 12/30/2002, § 2]
All agricultural buildings and lots shall be exempt from this charge.

§ 7-103 Accessory Buildings and Additions to Existing Structures.

[Ord. 2002-7, 12/30/2002, § 3]
Accessory buildings and additions to existing structures are exempt.

§ 7-104 Fire and Emergency Safety Inspection Permit.

[Ord. 2002-7, 12/30/2002, § 4]
1. 
Issuance of a fire and emergency safety inspection permit for existing structures and lots. Each property shall be certified that its use complies with the provisions of this Part prior to the property's being transferred. The property shall be inspected as to the existence of and the presence of operational smoke detectors in all buildings and reflective street numbers in compliance with 911 requirements placed appropriately on buildings and at driveway entrances.
2. 
For properties on which structures are to be constructed but not being transferred the inspection shall be performed prior to the issuance of an occupancy permit.

§ 7-105 Fee.

[Ord. 2002-7, 12/30/2002, § 5]
The fee for this inspection and certificate shall be established by a separate fee schedule. A portion of each fire and emergency safety inspection permit for existing buildings shall include a donation to the Union Fire Company No. 1 Endowment Fund and shall be maintained within that fund under the restrictions therein.

§ 7-201 Background.

[Ord. 2005-5, 9/12/2005, § 1]
The Board of Supervisors of East Nottingham Township having received complaints from residents concerning the safety, health and welfare issues as a result of open fires within the Township has determined that regulations concerning open burning are in the best interests of the residents of the Township within the limits provided by the authority granted to the Board of Supervisors; by the Second Class Township Code, 53 P.S. § 65101 et seq., and other legislative authority.

§ 7-202 Definitions.

[Ord. 2005-5, 9/12/2005, § 2]
For the purpose of this Part, the following words and terms shall have the meanings ascribed to them herein:
CONTAINED FIRE
Any fire contained in an incinerator, fireplace or other contained enclosure designed for outdoor cooking, or for burning otherwise permitted under this Part.
DOMESTIC WASTE
Waste which is generated from the normal occupancy of a structure occupied solely as a dwelling of two families or less. The term does not include appliances, carpets, demolition waste (insulation, shingles, siding, etc.), furniture, mattresses or box springs, paint, putrescible waste, solvents, tires, or treated wood, plastic, or any item included in the definition of rubbish.
FURNACE
Any enclosed device specifically designed for burning any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
PERSON
Any individual, partnership, association, corporation, department, bureau, agency, or legal entity.
REFUSE
Garbage, rubbish and trade waste.
RESPONSIBLE ADULT
An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any disability which would impair his or her ability to properly supervise a fire.
RUBBISH
Solids not considered to be highly flammable or explosive including, but not limited to, rags, old clothes, leather, rubber, carpets, excelsior, ashes, furniture, tin cans, glass, crockery, masonry, plastics, recyclable items, and other similar items.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations, or the result of any business, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, that "trade waste" shall not include any coal refuse associated with mining or preparation of coal.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material which are in a dry condition.

§ 7-203 Regulations.

[Ord. 2005-5, 9/12/2005, § 3]
1. 
Compliance with Part.
A. 
It shall be unlawful to burn, ignite, incinerate, maintain or permit to burn any materials whatsoever, or whatever nature, without complying with this Part.
B. 
Nothing herein shall be construed to prevent firefighting training by Township designated firefighting organizations approved by the Pennsylvania Department of Environmental Protection.
2. 
Public Roads and Public Properties. No person shall set, start, feed to burn or maintain any fire upon any of the streets, sidewalks, alleys or grounds in East Nottingham Township, except where a designated area has been set aside or reserved for this purpose and an appropriate container has been provided to contain such a fire.
3. 
Safe Distances.
A. 
Out-of-door fires shall not be closer than 20 feet from any building, property line, right-of-way, or road line.
4. 
Control of Burning and Unattended Fires.
A. 
No fire shall be allowed to burn unattended without a responsible adult (18 years of age or older) being present at all times and without readily available fire-extinguishing apparatus.
B. 
No fire shall be permitted to burn whenever drought or extreme weather conditions exist or when a ban on burning has been placed in effect by the Commonwealth of Pennsylvania or other governmental body. The Board of Supervisors may prohibit any and all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous.
C. 
No fire shall be set that results in uncontrolled burning of vegetation (field fires). However, this is not a limitation on agricultural burning.
5. 
Hours.
A. 
No person shall burn or cause to be burned any paper, boxes, rubbish, leaves or any other kind of substance, nor shall any person or persons maintain any uncontained fire, or burn or cause to be burned an uncontained fire of any substance or material of any kind, out-of-doors, anywhere in the Township of East Nottingham between dusk and dawn.
B. 
Recreational or ceremonial fires using natural, untreated wood and containing a fuel source of no more than eight cubic feet are permitted at any time so long as they comply with all other provisions of this Part, subject to the restrictions of Subsection 4.
6. 
Regulations.
A. 
Burning of rubbish or trade waste as herein defined is strictly prohibited for all properties. The exemption for domestic and agricultural waste does not apply to the burning of those materials. The burning of rubbish or trade waste is prohibited on a Township-wide basis.
B. 
The burning of domestic waste shall be permitted under the following conditions:
(1) 
When the fire is contained in a noncombustible, properly ventilated container covered with a wire screen, mesh or other suitable noncombustible cover so as to prevent pieces or particles from escaping, floating, and/or being blown away.
C. 
Fires set solely for cooking are permitted, subject to the restrictions in Subsection 4.
D. 
Fires set solely for recreational or ceremonial purposes are permitted, subject to the restrictions in Subsection 4.
E. 
A fire set for the purpose of burning domestic waste as herein defined as generated from the premises of a structure occupied solely as a dwelling by two families or less is permitted when the fire is on the premises of said structure, subject to the restrictions in Subsection 4. This shall include yard waste.
F. 
Agricultural waste as defined in the Clean Air Act is exempted from these regulations, enforcement and penalty, but fires by agricultural operations, owners or occupiers are not exempt from the restriction against burning trade waste or rubbish.

§ 7-204 Enforcement.

[Ord. 2005-5, 9/12/2005, § 4; as amended by Ord. 2009-21, 11/16/2009]
1. 
The Township Supervisors or any other officer or designated person is authorized to give notice by personal service or certified mail to the owner or occupant of any premises where upon an open fire in violation of this Part has occurred.
2. 
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 more than $1,000 plus costs 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.
3. 
In addition to the summary criminal proceeding before a magisterial district judge, East Nottingham Township may enforce this Part in equity, including additional daily penalties for continuing violations, plus court costs and reasonable attorney's fees incurred by the Township in the enforcement proceedings.