Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland 11-21-2000 by Ord. No. 132-2000; amended in its entirety 5-12-2004 by Ord. No. 155-2004. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 65.
Electrical standards — See Ch. 83.
Energy conservation — See Ch. 84.
Existing building regulations — See Ch. 85.
Fuel gas standards — See Ch. 96.
Mechanical standards — See Ch. 116.
One- and two-family dwelling standards — See Ch. 123.
Plumbing — See Ch. 139.
Property maintenance — See Ch. 141.
Subdivision and land development — See Ch. 175.
Urban wildland interface standards — See Ch. 183.
Zoning — See Ch. 200.

§ 90-1 Adoption of standards by reference; copies to be on file.

[Amended 10-13-2010 by Ord. No. 224-2010]
There is hereby adopted by the Board of Supervisors of East Whiteland Township the International Fire Code, 2009 Edition, as now and as hereafter supplemented, reissued, amended and revised as published by the International Code Council, Inc., along with Appendices B, C, D, E, F and G. Not fewer than three copies of the International Fire Code, 2003 Edition, have been and now are filed in the office of the Secretary of East Whiteland Township, and the same is hereby adopted and incorporated as fully as if set out at length herein.

§ 90-2 Repealer.

The East Whiteland Township Fire Code which was adopted as part of Ordinance No. 132-2000, by adopting the NFPA 1 Fire Prevention Code, is hereby repealed and replaced with the code adopted herein.

§ 90-3 Additions, insertions and changes to standards.

The following amendments, additions, deletions, and changes are hereby made to the International Fire Code, 2003 Edition:
A. 
Section 101.1 shall be amended by the deletion of the words "[NAME OF JURISDICTION]" and the replacement thereof with "East Whiteland Township."
B. 
Section 103 shall be deleted in its entirety and replaced with the following:
SECTION 103
FIRE MARSHAL
103.1 Fire Marshal and assistants. The Fire Marshal of East Whiteland Township, hereinafter called "Fire Marshal," shall be appointed by the Township Manager and shall serve for such period and upon such terms and conditions as the Manager shall direct. The Fire Marshal shall be responsible for the direct administration and enforcement of this code.
C. 
Section 103.2 shall be deleted.
D. 
Section 103.3 shall be amended by adding the following sentences at the end of the existing section:
The Fire Marshal may, from time to time, employ such technical experts as he shall deem necessary to properly carry out his duties and enforcement of this code. When employed for that purpose, such experts shall be designated as deputy inspectors hereunder and shall have the power and authority of the Fire Marshal or his deputy when acting in the performance of their duties.
E. 
Section 105.6.32 shall be amended to read as follows:
105.6.32 Radioactive material. An operational permit shall be required for the storage, use and handling of any amount of radioactive materials.
F. 
Section 108, Board of Appeals, shall be deleted and replaced with the following:
SECTION 108
BOARD OF APPEALS
108.1 General. The Township, along with Easttown Township, Willistown Township and Malvern Borough (the "participating municipalities") intends to form an intergovernmental Board of Appeals, which Board shall hear and decide appeals of orders, decisions or determinations made by the respective municipalities' building official relative to the application and interpretation of the municipalities' building code. The members of the intergovernmental Board of Appeals shall be appointed by the participating municipalities and shall be governed by rules and regulations adopted by the participating municipalities. The intergovernmental Board of Appeals shall adopt rules of procedure for conducting its business.
G. 
Section 109.3 shall be amended to state as follows:
109.3 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or who shall violate an approved plan or directive of the Fire Marshal, shall be guilty of a summary offense, punishable by a fine of not less than $100 and not more than $1,000 per day, plus costs and attorney's fees, and, upon default of the payment of the fine and costs, imprisonment not to exceed 30 days. Each day that a violation continues shall be deemed a separate offense.
H. 
Section 111.4 shall be amended to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalty provisions of Section 109.3.
I. 
In Section 302, the following definitions shall be deleted: "bonfire," "open burning," "portable outdoor fireplace" and "recreational fire."
[Added 10-13-2010 by Ord. No. 224-2010[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection I, regarding the addition of Section 307.1.1.
J. 
Section 307 shall be deleted in its entirety. Please see the Township's Outdoor and Open Burning Ordinance in § 90-4.
[Added 10-13-2010 by Ord. No. 224-2010[2]]
[2]
Editor's Note: This ordinance also provided for the redesignation of former Subsection J as Subsection K.
K. 
A new Section 2703.1.5 shall be added which shall state as follows:
2703.1.5 Radioactive material. Unless preempted by requirements of any federal or state agency, the requirements of NFPA 801 and this chapter shall apply to the storage of any radioactive material.

§ 90-4 Outdoor and open burning.

[Added 10-13-2010 by Ord. No. 225-2010]
A. 
Purpose. It is the purpose of this section to regulate the types of outdoor and open burning within the Township and to promote the public health, safety and general welfare of the citizens of the Township.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BONFIRE
An outdoor fire used for ceremonial purposes that has a total fuel area of five feet or less in diameter and three feet or less in height.
CAMPFIRE
A small outdoor fire that has a total fuel area of three feet or less in diameter and two feet or less in height, intended for recreation or cooking but not intended for disposal of waste wood or refuse.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
CONSTRUCTION AND DEMOLITION WASTE
Building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging and rubble from construction, remodeling, repair and demolition operations on a house, commercial or industrial building, or other structure.
FUEL AREA
The space where materials are being burned.
NATURAL MATERIALS
Trees, logs, brush, stumps, leaves and grass clippings.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include smudge pots, road flares and similar devices associated with safety or occupational uses typically considered open flames or use of patio wood-burning units.
OUTDOOR BURNING
Burning in an outdoor wood-fired boiler or patio wood-burning unit.
OUTDOOR WOOD-FIRED BOILER
A wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT
A chimenea or other similar screened, stacked, enclosed portable wood-burning device with a spark- or ember-arresting device used for outdoor recreation and/or heating.
REFUSE
Any waste material except trees, logs, brush, stumps, leaves and grass clippings.
SMUDGE POT
A receptacle in which oil or another smoky fuel is burned to protect an orchard from insects or frost.
STRUCTURE
A dwelling unit or garage.
C. 
Applicability. This section applies to all outdoor burning and open burning within the Township with the following exceptions:
(1) 
This section does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(2) 
This section does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
(3) 
This section does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(4) 
This section does not apply to field fires to clear land when approved by the Fire Marshal. An operational permit shall be obtained from the Fire Marshal in accordance with the International Fire Code.
(5) 
This section does not apply to demolition of the residue of a structure partially destroyed by accidental fire when approved by the Fire Marshal. An operational permit shall be obtained from the Fire Marshal in accordance with the International Fire Code.
(6) 
This section does not apply to fires for training purposes for the demolition of a fire hazard under the supervision of the Fire Marshal. An operational permit shall be obtained from the Fire Marshal in accordance with the International Fire Code.
D. 
General prohibition on outdoor burning and open burning. Open burning and outdoor burning are prohibited in the Township except to the extent specifically permitted by this section.
E. 
Burning of refuse, recyclable material, construction and demolition waste. The open burning of refuse, recyclable matter, construction, and demolition waste is prohibited.
[Amended 8-12-2015 by Ord. No. 271-2015]
F. 
Burning of natural materials. The open burning of natural materials is prohibited.
G. 
Patio wood-burning units. Patio wood-burning units may be installed and used in all districts subject to the following restrictions:
(1) 
Patio wood-burning units shall not be used to burn refuse.
(2) 
Patio wood-burning units shall burn only clean wood.
(3) 
Patio wood-burning units shall be located at least 25 feet from the nearest structure which is not on the same property as the patio wood-burning unit and at least 25 feet from any property line.
H. 
Campfires. Campfires are permitted in all districts with all of the following provisions:
(1) 
Campfires shall be located at least 25 feet from any structure or combustible material.
(2) 
Campfires shall be located at least 200 feet from any property line.
I. 
Bonfires. Bonfires are permitted in all districts with all of the following provisions:
(1) 
Bonfires shall be located at least 50 feet from any structure or combustible material.
(2) 
Bonfires shall be located at least 200 feet from any property line.
J. 
Attendance. Campfires, bonfires and the use of patio wood-burning units shall be constantly attended by a responsible adult until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 of the International Fire Code with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
K. 
Penalties and enforcement.
(1) 
The Township Fire Marshal or his designee shall be charged with enforcement of this section and shall have the power to order the extinguishment of any fire found to be in violation of this section.
(2) 
Within any thirty-day period, if the Township Fire Marshal is called to the same location for a violation relating to outdoor burning and/or open burning, the Township Fire Marshal shall issue a written warning for the first offense, a fine of $25 for the second offense, a fine of $75 for the third offense, and a fine of $100 for the fourth and each subsequent offense. Failure to pay any of the above referenced fines shall result in the issuance of a non-traffic citation.