[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Hanover at time of adoption of Code (see
Ch. 1, General Provisions, Art. I).[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 355.
[1]
Editor's Note: This chapter was derived from
Ord. No. 01-09, adopted 8-14-2001; amended 5-10-2005 by Ord. No. 2005-06.
This chapter will be known and cited as the
"Upper Hanover Township Prevention of Fires, Fire Hazards and Air
Pollution Control Ordinance of 2001, amended by the Upper Hanover
Township Prevention of Fires, Fire Hazards and Air Pollution Control
Ordinance of 2005."
The Board of Supervisors of Upper Hanover Township
has determined that open burning and air pollution may be detrimental
to the health, comfort, living conditions, welfare and safety of the
citizens of Upper Hanover Township, and therefore, it is hereby declared
to be the policy of Upper Hanover Township to safeguard the citizens
of Upper Hanover Township from unrestricted open burning and air pollution.
The following definitions will apply to the
interpretation and enforcement of this chapter, unless the context
clearly indicates otherwise. Where terms are not defined herein, the
term shall have its ordinary accepted meaning such as the context
implies.
A geographic area of the Commonwealth of Pennsylvania known
as the Southeastern Pennsylvania Air Basin, including the counties
of Bucks, Chester, Delaware, Montgomery and Philadelphia.
A mechanical device which forcefully projects a curtain of
air across a pit in which open burning is being conducted so that
combustion efficiency is increased and smoke and other particulate
matter are contained.
Any container used for the purpose of burning materials as
authorized herein; constructed of masonry, metal or other noncombustible
rigid materials; containing a bottom, sides, and a burn container
cover as defined herein. Any container which has deteriorated to the
point where it contains holes or missing surface in the structure
shall not be considered an approved container. If metal drums are
being used, they shall be free from holes in the sides and/or bottom,
except that they may contain drain or vent holes in the bottom of
the drum no larger than two square inches each.
A metal screen with spaces not more than 1/2 square inch,
or other comparable material which covers the entire open area above
the approved container opening. Such screens shall be maintained in
good order as to prevent large particles from escaping from the approved
container during operation. The cover shall not be permitted to deteriorate
to any point whereby it loses its maximum efficiency.
The act of consuming by fire; to flame, char, scorch or blaze.
As used in this chapter, "smoldering" shall have the same meaning
as "burning" and any smoldering shall be deemed a burning.
Trees, shrubs and other native vegetation which are cleared
from land during or prior to the process of construction. The term
does not include demolition wastes and dirt-laden roots.
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling by two families or less. The term does
not include household hazardous waste, source-separated recyclables,
appliances, carpets, demolition waste (insulation, shingles, plaster,
siding, etc.), food waste, furniture, mattresses or box springs, paint,
plastics, petroleum products, putrescible waste, rubber products,
solvents, tires, treated wood or wire.
The term includes garbage, refuse, sludge from an industrial
or other wastewater treatment plant, sludge from a water supply treatment
plant or air pollution control facility, and other discarded material,
including solid, liquid, semisolid, or contained gaseous material
resulting from municipal, commercial, industrial, institutional, mining,
or agricultural operations, and from community activities, or a combination
of these factors, which, because of its quantity, concentration or
physical, chemical or infectious characteristic, may:
A waste that would be considered hazardous under the Solid
Waste Management Act (35 P.S. § 6018.101 et seq.) (SWMA)
but for the fact that it is produced in quantities smaller than those
regulated as hazardous waste under the SWMA and is generated by persons
not otherwise covered as hazardous generators by the SWMA.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
Open burning where the fuel being burned is not contained
in an approved container and the burning occurs for pleasure, religious,
ceremonial, cooking, warmth or other similar purposes. An example
includes, but is not limited to, bonfires and other such fires. No
recreational fire, ceremonial fire, or fire for any other purpose
may ever include small hot air balloons that suspend an open flame,
known commonly as sky lanterns, sky candles, fire balloons, or Chinese
lanterns. Such devices are expressly prohibited.
[Amended 2-11-2020 by Ord. No. 2020-02]
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. The term is limited
to clear glass, colored glass, aluminum, steel and bimetal cans, high-grade
office paper, newsprint, corrugated paper, plastics, and other marketable
grades of paper.
Any house, dwelling, garage, shed or shelter constructed,
fabricated or built of materials which may burn.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
Open burning is permitted under the following
circumstances:
A.
A fire set to prevent or abate a fire hazard, when
approved by the Department of Environmental Protection (DEP's Regional
Air Quality Program Office) and approved and under the direct supervision
of the Township Fire Marshal or his/her designee.
B.
Any fire set for the purpose of instructing personnel
in firefighting, when approved by the Department of Environmental
Protection (DEP's Regional Air Quality Program Office) and approved
and under the direct supervision of the Township Fire Marshal or his/her
designee.
C.
A fire set for the prevention and control of disease
or pests, when approved by the Department of Environmental Protection
(DEP's Regional Air Quality Program Office) and approved under the
direct supervision of the Township Fire Marshal or his/her designee.
D.
A fire set in conjunction with the production of agricultural
commodities in their unmanufactured state on the premises of the farm
operation, when approved by the Township Fire Marshal and under the
direct supervision of the Township Fire Marshal or his/her designee.
Authorization in writing shall be requested by and issued to the owner
of the land upon which the burning is to be conducted. Applications
shall be submitted to the Fire Marshal, in writing, at least 10 days
before the fire is set and shall be in such a form and contain such
information as required by the Fire Marshal. Such applications shall,
at a minimum, contain the following information and adhere to the
following conditions:
(1)
Burning during daylight hours.
(2)
Identify purpose for burning.
(3)
Identify nature and quantities of materials to be
burned.
(4)
Identify date when burning will take place.
(5)
Identify hours when burning will take place (three
hours maximum).
(6)
Identify location of burning site.
(7)
A fire extinguisher shall be present at all times
or some other approved on-site fire-extinguishing equipment, such
as dirt, sand, water barrel, garden hose, or water truck, shall be
available for immediate utilization.
E.
A fire set solely for cooking food in:
(1)
Devices designed for that purpose, located not less
than 15 feet (4,572 mm) from a structure or property line.
(2)
Charcoal cooking units, except charcoal cooking units
shall not be located on balconies, decks or porches exceeding one
story in height of multiunit buildings or apartment units, whether
residential or mixed use.
F.
Highway safety flares, smudge pots, tar pots and similar
occupational uses.
G.
Domestic refuse.
(1)
A fire set for the purpose of burning that amount
of domestic refuse generated from one dwelling, when the fire is on
the premises of a structure occupied solely as a dwelling by two families
or less and when the refuse results from the normal occupancy of said
structure, and subject to the following restrictions:
(a)
Must be burned in an approved container.
(b)
Container shall be a minimum of 25 feet (7,620
mm) from a structure or property line.
(c)
Must be attended at all times.
(d)
Must take place during daylight hours.
(e)
A fire extinguisher shall be present at all
times or some other approved on-site fire-extinguishing equipment,
such as dirt, sand, water barrel, garden hose, or water truck, shall
be available for immediate utilization.
(2)
Burning of domestic refuse is not permitted and would
be just cause for extinguishment under the following conditions:
(a)
The emissions are visible at any time at the
point such emissions pass outside the property of the person on whose
land the domestic burning is being conducted.
(b)
Malodorous (bad) odor contaminants from the
domestic burning are detectable outside the property of the person
on whose land the domestic burning is being conducted.
(c)
The emissions interfere with the reasonable
enjoyment of life and property.
(d)
The emissions cause damage to vegetation or
property.
(e)
The emissions are or may be deleterious (having
harmful effect) to human or animal health.
(f)
Any order by the Fire Marshal or other governmental
body prevents burning due to drought or other extreme weather conditions.
I.
Fires set for recreational or
ceremonial purposes. Such fires do not require approval of the Township
Fire Marshal if they are three feet or less in diameter, provided
that they are at least 20 feet from any property line or structure
and meet the other requirements of this section. Fires greater than
three feet in diameter must be 40 feet from any structure or property
line, must also meet the other requirements of this section, and require
the submission of an application to the Fire Marshal as set forth
below.
[Amended 2-11-2020 by Ord. No. 2020-02]
(1)
Applications shall be by the landowner, submitted
to the Fire Marshal for approval, in writing, at least 10 days before
the fire is to be set and shall be in such a form and contain such
information as required by the Fire Marshal. Such applications shall
contain, as a minimum, the following information:
(a)
Identify purpose for burning.
(b)
Identify nature and quantities of materials
to be burned.
(c)
Identify date when burning will take place.
(d)
Identify hours when burning will take place
(three hours maximum).
(e)
Identify location of burning site.
(f)
Attest that on-site fire-extinguishing equipment,
approved by the Township Fire Marshal or his/her designee, will be
provided.
(2)
Shall not be more than five feet (1,524 mm) by five
feet (1,524 mm) by five feet (1,524 mm) in dimension.
(3)
Fuel shall consist only of seasoned dry firewood,
with no accelerants, and shall be ignited with a small quantity of
paper and chosen to minimize the generation of air contaminants.
(4)
Shall not be utilized for waste disposal purposes.
(5)
Must be attended at all times.
(6)
The Township Fire Marshal or his/her designee shall
reserve the right to withdraw authorization at any time.
J.
Clearing and grubbing wastes may be burned, subject
to the following requirements:
(1)
Air curtain destructors shall be used when burning
wastes from clearing and grubbing.
(2)
When approved by the Department of Environmental Protection
(DEP's Regional Air Quality Program Office), and under its guidelines
and approved and under the direct supervision of the Township Fire
Marshal or his/her designee.
K.
No person shall engage in the act of burning or open
burning or shall ignite or allow to be ignited an open fire on the
following holidays: New Year's Day, Easter, Memorial Day, the Fourth
of July, Labor Day, Thanksgiving and Christmas.
L.
Notwithstanding any other provision of this chapter, the burning of leaf and yard waste, and/or any item, substance or material designated as a recyclable material under the Code of the Township of Upper Hanover, Chapter 409, Solid Waste, as amended, is hereby prohibited.
[Added 3-12-2013 by Ord. No. 2013-02]
No person shall burn, ignite or feed any open fire or allow, permit, maintain or cause any open burning of any material within the limits of Upper Hanover Township unless such person has first obtained the prior written consent of the Fire Marshal in the form of a permit, with the exception of those circumstances as outlined and regulated in § 153-4. Prior to the issuance of a permit, the Fire Marshal may inspect the grounds of the property for which application for a permit has been made, and such burning shall be permitted only on those areas of a property designated as being suitable for the same for the purpose of protecting safety and health. No person shall be granted more than six burning permits for a single property during any one-month period.
The use of pyrotechnic devices within the limits
of Upper Hanover Township shall be in accordance with National Fire
Protection Association Standard No. 1126, and such use shall not occur
until the Fire Marshal has issued a written permit for such activities.
The construction, handling and use of fireworks
within the limits of Upper Hanover Township shall be in accordance
with National Fire Protection Association Standard No. 1123, and such
use shall not occur until the Fire Marshal has issued a written permit
for such activities.
[1]
Editor's Note: Former § 153-8, Recreational and
ceremonial fires, was repealed 2-11-2020 by Ord. No. 2020-02.
It shall be the duty of the Township Fire Marshal
to enforce the provisions of this chapter and the rules and regulations
contained therein, and his powers, rights, and duties shall include,
but are not limited to, the following:
A.
The Township Fire Marshal shall have the right to
enter upon and inspect any building, property, premises or place for
the purpose of investigating an actual or suspected source of open
burning or for the purpose of ascertaining the compliance with any
regulation, approved application, and/or the enforcement of this chapter.
B.
The Township Fire Marshal shall have the right to
receive and initiate complaints and/or violations of this chapter.
C.
The Township Fire Marshal shall have the power and
discretion to initiate enforcement proceedings by sending a written
enforcement notice in accordance with the law and/or institute criminal
proceedings.
D.
The Township Fire Marshal shall attend meetings of
the Board when requested and file a written report detailing any violation
of any regulation of this chapter.
E.
The Township Fire Marshal shall have the authority
to issue such orders, either orally or in writing, as are necessary
to aid in the enforcement of the provisions of this chapter, including,
but not limited to, orders modifying, suspending, terminating or revoking
approval of applications; orders requiring persons to cease unlawful
burning which, in the course of its occurrence, is in violation of
any provision of this chapter; orders requiring the monitoring of
any open burning; or orders prohibiting all open burning during drought
or extreme weather conditions where atmospheric conditions or local
weather circumstances make open fires hazardous.
F.
The Township Fire Marshal shall keep records of received
applications, approved applications, denied applications, complaints
received, complaints initiated, enforcement notices, reports, orders,
citations, any other pertinent records necessary for the enforcement
of this chapter. Such records shall be maintained in the Township
Building, and copies of all such items retained shall be provided
to the Township Manager within three business days of either receipt,
completion, service or filing.
Any person who violates any provision of this
chapter, any order from the Fire Marshal or any written term or condition
directed by the Fire Marshal pursuant to an application submitted
in accordance with this chapter shall, upon conviction, be sentenced
to pay a fine of not less than $100 nor more than $1,000 for each
separate offense and/or may be sentenced to imprisonment not to exceed
90 days for each separate offense. the Fire Marshal is authorized
to issue or file nontraffic citations with the Magisterial District
Judge with jurisdiction for any violations of this chapter, and the
Solicitor for Upper Hanover Township is hereby authorized to prosecute
these offenses.
A.
In addition to proceeding under any other remedy available
at law or in equity for a violation of a provision of this chapter
or any order or municipally approved application issued pursuant to
this chapter, the Upper Hanover Township may assess a civil penalty
for the violation. The penalty may be assessed whether or not the
violation was willful. The civil penalty so assessed shall not exceed
$10,000 per day for each violation. In determining the amount of the
penalty, the Upper Hanover Township shall consider the willfulness
of the violation; damage to air, soil, water or other natural resources
of the Upper Hanover Township or their uses; financial detriment to
the person as a result of the violation; deterrence of future violations;
cost to the Upper Hanover Township; the size of the source or facility;
the compliance history of the source; the severity and duration of
the violation; the degree of cooperation in resolving the violation;
the speed with which compliance is ultimately achieved; whether the
violation was voluntarily reported; other factors unique to the owners
or operators of the source or facility; and any other relevant factors.
B.
When the Upper Hanover Township proposes to assess
a civil penalty, it shall inform the person of the proposed amount
of the penalty. The person charged with the penalty shall then have
30 days to pay the proposed penalty in full; or if the person wishes
to contest the amount of the penalty or the existence of the violation,
if not already established, the person shall forward the proposed
amount of the penalty to the Building Code Board of Appeals within
the thirty-day period for placement in an escrow account with the
State Treasurer or any commonwealth bank or post an appeal bond to
the Building Code Board of Appeals within 30 days in the amount of
the proposed penalty, provided that such bond is executed by a surety
licensed to do business in the commonwealth and is satisfactory to
the Upper Hanover Township. If, through administrative or final judicial
review of the proposed penalty, it is determined that no violation
occurred or that the amount of the penalty shall be reduced, the Building
Code Board of Appeals shall, within 30 days, remit the appropriate
amount to the person with any interest accumulated by the escrow deposit.
(1)
Failure to forward the money or post the appeal bond
at the time of the appeal shall result in a waiver of all legal rights
to contest the violation or the amount of the civil penalty unless
the appellant alleges financial inability to prepay the penalty or
to post the appeal bond. The Building Code Board of Appeals shall
conduct a hearing to consider the appellant's alleged inability to
pay within 30 days of the date of the appeal.
(2)
The Building Code Board of Appeals may waive the requirement
to prepay the civil penalty or to post an appeal bond if the appellant
demonstrates and the Building Code Board of Appeals finds that the
appellant is financially unable to pay. The Building Code Board of
Appeals shall issue an order within 30 days of the date of the hearing
to consider the appellant's alleged inability to pay.
(3)
The amount assessed after administrative hearing or
after waiver of administrative hearing shall be payable to the Upper
Hanover Township and shall be collectible in any manner provided by
law for the collection of debts, including the collection of interest
at the rate established in 35 P.S. § 4006.3(c), which shall
run from the date of assessment of the penalty.
(4)
If any person liable to pay any such penalty neglects
or refuses to pay the same after demand, the amount, together with
interest and any costs that may accrue, shall constitute a debt of
such person, as may be appropriate, to the Upper Hanover Township.
The debt shall constitute a lien on all property owned by said person
when a notice of lien incorporating a description of the property
of the person subject to the action is duly filed with the Prothonotary
of the Court of Common Pleas where the property is located. The Prothonotary
shall promptly enter upon the civil judgment or order docket, at no
cost to the Upper Hanover Township, the name and address of the person,
as may be appropriate, and the amount of the lien as set forth in
the notice of lien.
(5)
Upon entry by the Prothonotary, the lien shall attach
to the revenues and all real and personal property of the person,
whether or not the person is solvent. The notice of lien filed pursuant
to this section which affects the property of the person shall create
a lien with priority over all subsequent claims or liens which are
filed against the person, but it shall not affect any valid lien,
right or interest in the property filed in accordance with established
procedure prior to the filing of a notice of lien under this section.
It shall be unlawful to fail to comply with
or to cause or assist in the violation of any of the provisions of
this chapter or to fail to comply with any order, approved application,
or other requirement of the Upper Hanover Township; or to cause a
public nuisance; or to cause air, soil or water pollution resulting
from an open burning incident; or to hinder, obstruct, prevent or
interfere with the Upper Hanover Township or its personnel in their
performance of any duty hereunder, including denying the Upper Hanover
Township access to the source or facility; or to violate the provisions
of 18 Pa.C.S.A. § 4903 (relating to false swearing) or 18
Pa.C.S.A. § 4904 (relating to unsworn falsification to authorities)
in regard to papers required to be submitted under this chapter. The
owner or operator of an open burning source shall not allow pollution
of the air, water or other natural resources of the Upper Hanover
Township to result from open burning.
A violation of this chapter or of any order or approved application issued by Upper Hanover Township under this chapter shall constitute a public nuisance. The Upper Hanover Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Upper Hanover Township may recover the expense of abatement following the process for assessment and collection of a civil penalty contained in § 153-11. Whenever the nuisance is maintained or continued contrary to this chapter or any order or approved application, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
