[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.
[Ord. 2002-7, 12/30/2002, § 2]
All agricultural buildings and lots shall be exempt from this
charge.
[Ord. 2002-7, 12/30/2002, § 3]
Accessory buildings and additions to existing structures are
exempt.
[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.
[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.
[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.
[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:
Any fire contained in an incinerator, fireplace or other
contained enclosure designed for outdoor cooking, or for burning otherwise
permitted under this Part.
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.
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency, or legal entity.
Garbage, rubbish and trade waste.
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.
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.
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.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material which are in a dry
condition.
[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.
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.
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.
[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.
