[HISTORY: Adopted by the Board of Supervisors
of the Township of West Hanover 1-20-1986 as Ch. 7, Part 3, of the
1986 Code; amended in its entirety 7-15-2013 by Ord. No. 2013-02. Subsequent amendments noted where applicable.]
It is against public policy to permit uncontrolled and unrestricted
outdoor burning. The purpose of this chapter is to prevent needless
public damage to life and property because of public and private nuisances
caused by outdoor fires deliberately or carelessly set and maintained.
As used in this chapter, the following terms shall have the
meanings indicated:
An order or directive issued by the Township Fire Marshal
and/or any county or state agency having jurisdiction prohibiting
outside fires and burning during a time of drought or other emergency
situation or condition.
A permit to kindle or maintain such open fires or other fires.
The permit shall be issued by the Code Enforcement Officer, Township
Fire Marshal, or the Assistant Fire Marshal upon application thereof
made to the Township. A burn permit is valid for a time period approved
by the Code Enforcement Officer, Township Fire Marshal, or the Assistant
Fire Marshal.
[Amended 2-18-2020 by Ord. No. 2020-1]
A fire lit to serve the following functions: light, warmth,
a beacon, an insect and/or apex predator deterrent, to cook, and for
a psychological sense of security. A campfire is a maximum of two
feet in diameter and two feet in height. Any fire larger than previously
mentioned shall be considered a bonfire and will require a special
permit and possible Fire Company involvement.
An outdoor freestanding container made of metal or clay designed
to hold a fire. A chiminea is a front-loading fireplace with a bulbous
body and vertical smoke vent or chimney. Fire pots may not have a
chimney.
The Code Enforcement Officer of West Hanover Township, the
Fire Marshal, and the Assistant Fire Marshal shall be designated enforcement
officers as specified in this chapter.
[Amended 2-18-2020 by Ord. No. 2020-1]
A construction or device used to contain campfires and prevent
them from spreading and turning into wildfires. Fire rings have no
bottom and are simply circles made of forged metal, stones, concrete,
etc., which surround and contain a campfire.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
A device specifically designed for the destruction by burning
of any combustible material.
Foliage from trees, bushes and other plants, garden residue,
shrubbery and tree trimmings, but not including grass clippings.
Solid particles and/or microdebris generated by open or contained
burning that interferes with the enjoyment, public health, and use
of property.
Any fire not contained, including campfires.
Any individual, or agent of a partnership, association, corporation,
department, bureau, agency or legal entity.
Those materials specified by the Township for separate collection
in accordance with recycling regulations. Such materials may include
but not be limited to aluminum products, ferrous containers, bimetal
containers, glass containers, newspapers, magazines and periodicals,
office paper, plastic containers, foliage and yard wastes.
A weather advisory issued by the National Weather Service
when the combination of dry fuels and weather conditions support extreme
fire danger. The criteria for these warnings are low humidity (less
than 30%) and high winds (greater than 20 mph).
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 other disability which would
impair his or her ability to property 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 and furniture.
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution 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.
No person, firm, partnership or corporation shall set or maintain
any fire at any time upon any of the streets, sidewalks, alleys or
public grounds in West Hanover Township, or burn or cause to be burned
thereon any paper, garbage, refuse, debris, boxes, rubbish, foliage,
weeds or other material or substance of any kind, unless the person
doing so shall be an employee of West Hanover Township authorized
to do so.
A.
Open
fires shall be permitted upon private property in West Hanover Township
under and subject to the following requirements:
(1)
All open fires in West Hanover Township require a burn permit issued
by the Code Enforcement Officer of West Hanover Township.
[Amended 2-18-2020 by Ord. No. 2020-1]
(2)
Open fires shall not exceed six feet in diameter and six feet in
height and must be 50 feet from any structure and 25 feet from any
property line.
(3)
Campfires require a burn permit and shall not exceed two feet in
diameter and two feet in height and be a minimum of 25 feet from property
lines and structures, automobiles or any combustible materials and
are subject to all other provisions in this chapter.
B.
Contained
fires shall be permitted upon private property in West Hanover Township
and are subject to the following requirements:
(1)
Contained fires in West Hanover Township Zoning Districts R1, R2,
R3, CH, IE, I, BE and NC shall require a burn permit issued by the
Code Enforcement Officer of West Hanover Township.
[Amended 2-18-2020 by Ord. No. 2020-1]
(2)
Contained fires in West Hanover Township Zoning District C, FRA,
and RR, where the lot size is a minimum of one acre, do not require
a burn permit.
(3)
No fire shall be set, started or maintained unless confined within
a noncombustible container designed or adopted to prevent the escape
of fire-starting sparks to nearby combustible materials or substances.
(4)
No fire shall be set, started or maintained in a noncombustible container
unless such container is located at least 50 feet from any building,
automobile, public roadway, garbage or waste container or any other
combustible material or substance, and 25 feet from any property line.
(5)
Cooking on an outdoor cooking appliance shall be allowed in all zoning districts and is subject to all restrictions stated herein except § 85-4B(2).
(6)
Chimineas/fire pots are allowed so long as the manufacturer's recommendations
are followed and the use does not cause a hazard to persons or property.
C.
Any fires permitted under Subsections A and B above are also subject to the following general requirements:
(1)
All such fires must be attended at all times by a responsible adult
person.
(2)
The burning of branches by the owner or agent of the property upon
which the burning occurs shall be permitted, so long as it does not
endanger any structure on said property or any other person's property
or structure and so long as none of the branches exceeds a diameter
of four inches and are the branches of the property upon which the
burning occurs.
(3)
No fire shall be set, started, fed, permitted to burn or maintained:
(4)
Unlawful substances. The following shall not be burned at any time
under any condition:
(a)
Garbage.
(b)
Animal substance.
(c)
Any can that contains or did contain air or gas under pressure.
(d)
Any chemical or substance which is a hazardous chemical or hazardous
substance or which, when burned, would create a hazardous or offensive
condition.
(e)
Construction debris, by-products of manufacturing and processing
operations and wastes from commercial operations.
(f)
Leaf waste/foliage.
(g)
Grass clippings.
(5)
Nothing herein shall be construed to permit or encourage the burning
of any substance determined by the Commonwealth of Pennsylvania or
the United States Environmental Protection Agency to be a hazardous
substance, nor shall any fire be permitted to burn by any persons
if such burning is in violation of legislation by the Commonwealth
of Pennsylvania or the United States of America or any of their legislative
agencies.
D.
Extinguishing
unsafe fires.
(1)
It is a violation of this chapter for any person to allow any fire
to burn under adverse weather conditions or unsupervised or otherwise
in an unsafe manner. Any such fire may be extinguished by an official
of the Fire Company or extinguished immediately upon request of such
official.
(2)
It is a violation of this chapter for any person to allow a legal
contained or open fire to generate nuisance smoke as defined herein.
Any such fire may be extinguished by an official of the Fire Company
unless extinguished immediately upon request of such official.
[Amended 2-18-2020 by Ord. No. 2020-1]
A.
Any person, firm, partnership or corporation shall apply to the Township for a burn permit to set, start or maintain a fire, except when a permit is not required per § 85-4B(2). The burn permit application must be completed and submitted to the Code Enforcement Officer, the Fire Marshal or the Assistant Fire Marshal for approval.
B.
The Code Enforcement Officer of West Hanover Township shall consider
said application and shall notify the applicant within 15 days from
the date of the submission of the application whether or not a permit
will be granted and under what condition or conditions the permit
will be subject. The Code Enforcement Officer may require as a condition
that the applicant have any and all necessary personnel of the West
Hanover Township Fire Company present during the commission of an
open burning. In such cases, a condition of the issuance of the permit
shall be that the applicant pay any reasonable fees for service by
the West Hanover Township Fire Company.
A.
During
periods of drought or extended periods of time without rainfall, no
fire shall be set, started or maintained, nor shall any permit be
issued, during such period of time. The Fire Marshal of West Hanover
Township shall be responsible for determining when a period of drought
or period of inadequate rainfall exists under this section. Upon making
his determination, the Fire Marshal shall thereupon notify the West
Hanover Township Board of Supervisors or a designated official of
said Board, whereupon public notice that no fire shall be set shall
be given through the use of such public news media as the Board deems
reasonable.
C.
Any day determined by the National Weather Service as a Red Flag
Day or a Fire Weather Warning Day.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000. Every day that a violation of this
chapter continues shall constitute a separate offense. It is further
provided that, upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county prison for a period of not exceeding 30 days.
[Amended 2-18-2020 by Ord. No. 2020-1]
The Board of Supervisors hereby appoints the Township Code Enforcement Officer, as the official having the primary authority and power to enforce the provisions of this chapter, including, but not limited to, reviewing permit applications, issuing permits, enforcing violations of this chapter. In the absence of the Code Enforcement Officer, the Fire Marshal or Assistant Fire Marshal shall have the authority to enforce the provisions of this chapter. Nothing in this chapter shall be deemed to affect or alter the duties of the Fire Marshal or Assistant Fire Marshal under Chapter 22.
The Board of Supervisors, and its agents, officials and representatives,
shall not under any circumstances be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this chapter, or by reason of the conduct
of any burning activity in compliance or noncompliance with the terms
and provisions hereof. The person, persons, company or companies responsible
for any such fire and the permit holder shall bear sole liability
for any damages caused as a result thereof.
