[HISTORY: Adopted by the Board of Supervisors
of the Township of East Bradford 8-10-2021 by Ord. No. 03-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 76, Open Burning, adopted 12-13-2006 by Ord. No. 8-2006, as amended.
Whereas the Board of Supervisors of East Bradford Township has
determined that air pollution from certain Burning activities may
be detrimental to the health, comfort, living conditions, welfare,
and safety of the citizens of East Bradford Township, it is hereby
declared to be the policy of East Bradford Township to safeguard the
citizens of the Township from such air pollution.
As used in this chapter, the following words, terms, and phrases,
shall have the following meanings ascribed to them:
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.
The Board of Supervisors of East Bradford Township.
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 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.
A fire kindled for the purpose of recognized silviculture,
range or wildlife management or the control of disease and/or pests.
A Township Fire Marshal, Township Code Enforcement Officer
or Township Zoning Officer entrusted with the enforcement of the Code
of the Township of East Bradford, as well as, but not limited to,
any firefighter, police officer, or other Township personnel as may
be designated and/or deputized by the Township Board of Supervisors.
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:
(i) road flares; (ii) smudge-pots and similar devices associated with
safety or occupational uses typically considered open flames; or (iii)
Recreational Fires or use of Portable Outdoor Fireplaces. For the
purpose of this definition, a chamber shall be regarded as enclosed
when, during the time combustion occurs, only apertures, ducts, stacks,
flues or chimneys necessary to provide combustion air and permit the
escape of exhaust gas are open.
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.
A portable, outdoor, solid-fuel-Burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A Portable Outdoor Fireplace may be open in design, or may be equipped
with a small hearth opening and a short chimney or chimney opening
in the top.
An outdoor fire Burning materials other than Rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, Portable Outdoor Fireplace, barbeque grill or barbeque
pit, and has a total fuel area of three feet or less in diameter and
two feet or less in height, for pleasure, religious, ceremonial, cooking,
warmth or similar purposes.
A short-term, temporary warning issued by the Pennsylvania
Department of Conservation and Natural Resources indicating the presence
of dangerous combinations of temperature, wind, relative humidity,
and fuel conditions which can contribute to the rapid spread of new
or existing wildfires.
[Added 3-8-2022 by Ord. No. 01-2022]
Waste material; refuse or litter. This definition shall include,
but not be limited to, garbage, tires, tar products, and Yard Waste.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
A.Â
No Person may permit the Open Burning of material with the exception
of the following:
(1)Â
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection's Regional Air Quality Program
office and set by or under the supervision of a public officer.
(2)Â
Any fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's Regional
Air Quality Program office.
(3)Â
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection's Regional
Air Quality Program office, and when advanced notification is provided
to and acknowledged by the Township.
(4)Â
A fire set for the purpose of Clearing and Grubbing Wastes. An Air
Curtain Destructor must be used and must be approved by the Department
of Environmental Protection's Regional Air Quality Program office,
and advanced notification must be provided to and acknowledged by
the Township.
(5)Â
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation,
with advanced notification is provided to and acknowledged by the
Township.
(6)Â
A fire set solely for pleasure, religious, ceremonial, cooking, warmth
or similar purposes, upon meeting the criteria and definition of a
Recreational Fire or contained within a Portable Outdoor Fireplace.
B.Â
Permitted Open Burning (as identified and set forth immediately above),
except Recreational Fires and fires contained within Portable Outdoor
Fireplaces, shall be performed only in compliance with the following
conditions:
(1)Â
The Open Burning shall be located at least 50 feet from any and all
boundary lines, buildings, structures of any kind, public roads, curbs,
sidewalks, utility poles, trees, shrubs and other combustible materials.
(2)Â
The Open Burning shall be performed only between the hours of sunrise
and sunset.
(3)Â
A responsible adult, 18 years of age or older, shall be in attendance
during the entire duration of the Open Burning.
(4)Â
A connected hose or other ample water supply capable of extinguishing
the fire is present.
(5)Â
There is an area cleared of all combustible material of a radius
of 15 feet.
(6)Â
Open Burning shall be prohibited when atmospheric conditions or local
circumstances make such fires hazardous.
(7)Â
The Chester County 911 Center is notified prior to ignition.
C.Â
Permitted Recreational Fires and fires contained within Portable Outdoor Fireplaces are subject to the regulations contained in the International Fire Code in accordance with Chapter 45 of the Township Code.
D.Â
Permission required. It shall be unlawful to light or otherwise kindle
fire upon the land of another without the permission of the owner
thereof, which permission, except in the case of a family member or
employee, shall be in writing.
E.Â
Fires during dangerous conditions. It shall be unlawful for any Person
to light or attempt to light or to cause, permit or authorize another
to light or attempt to light or otherwise kindle any outdoor fire
during a Red Flag Warning and/or when a ban on such fires has been
publicly announced by the Board of Supervisors or their authorized
representatives or designees in a time of a drought or other dangerous
condition.
[Amended 3-8-2022 by Ord. No. 01-2022]
F.Â
Permit required.
(1)Â
A Burning permit shall be required for the Open Burning activities enumerated in § 76-3A(1) through (5) above.
(a)Â
Application for a Burning permit shall be according to the rules
and procedures set forth by the Township, as administered and coordinated
by Township Fire Code Officials.
(b)Â
Application for such approval shall only be presented by and
permits issued to the owner of the land upon which the fire is to
be kindled.
A.Â
General Enforcement.
(1)Â
The Township shall have the power and duty to enforce the provisions
of this chapter.
(2)Â
The Township may issue such orders as are necessary to aid in the
enforcement of the provisions of this chapter. These orders shall
include, but shall not be limited to: orders requiring Persons to
cease unlawful Burning which, in the course of its occurrence, is
in violation of any provision of this chapter; orders to take corrective
action or to abate a public nuisance; orders requiring the testing,
sampling, or monitoring of any Burning; or orders requiring production
of information. Such an order may be issued if the Township finds
that any condition existing in or on the facility or source involved
is causing or contributing to Burning or if the Township finds that
any Person is in violation of any provision of this chapter.
(3)Â
The Township may, in its order, require compliance with such conditions
as are necessary to prevent or abate Burning or effect the purposes
of this chapter.
(4)Â
The authority of the Township to issue an order under this section
is in addition to any remedy or penalty which may be imposed pursuant
to this chapter. The failure to comply with any such order is hereby
declared to be a public nuisance.
B.Â
Extinguishment of dangerous or nuisance Burning.
(1)Â
Any fire on public or private property may be extinguished by the
local fire department having jurisdiction, either with or without
the consent of the landowner or Person in charge, if, in the opinion
of a Fire Code Official or Township Supervisor, such fire constitutes
a danger to persons or property.
(2)Â
Any Burning generating sufficient complaints from the public may
be declared a nuisance fire by a Fire Code Official, and ordered to
be extinguished by the homeowner or a fire department having jurisdiction.
C.Â
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Township may collect the amount in the same manner as criminal or civil penalties are assessed and collected following the process for assessment and collection of a criminal or civil penalty, as contained in § 76-5A and B of this chapter, respectively.
A.Â
Criminal and civil penalties.
(1)Â
Criminal penalties. Any Person who violates any provision of this
chapter or any order of the Township issued pursuant to this chapter
commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $100 nor more than $2,500 for each
separate offense and, in default of the payment of such fine, may
be sentenced to imprisonment for 90 days for each separate offense.
Employees of the Township authorized to conduct inspections or investigations
are hereby declared to be law enforcement officers authorized to issue
or file citations for summary violations under this chapter, and Township
Counsel is hereby authorized to prosecute these offenses. For purposes
of this section, a summary offense may be prosecuted before any district
justice in this Township. There is no accelerated rehabilitative disposition
authorized for a summary offense.
(2)Â
Civil penalties.
(a)Â
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 issued pursuant to this chapter, the 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 Township shall consider the willfulness
of the violation; damage to air, soil, water, or other natural resources
of the Township or their uses; financial benefit to the Person in
consequence of the violation; deterrence of future violations; cost
to the Township; the size of the source or facility; the compliance
history of the source; the severity and duration of the violation;
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 other relevant factors.
(b)Â
When the Township proposes to assess a civil penalty, it shall
inform the Person of the proposed amount of the penalty.
(3)Â
The penalties, remedies, and procedures available to the Township
and Person alleged to have violated this chapter are set forth in
the Air Pollution Control Act ("APCA"), 35 P.S. § 4012,
Sections 9, 9.1, and 12(g),[1] and are incorporated herein.
[1]
Editor's Note: See 35 P.S. §§ 4009, 4009.1
and 4012(g).
B.Â
Unlawful conduct. 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 or other requirement of
the 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 Township or its personnel
in their performance of any duty hereunder, including denying an enforcing
officer access to the source or facility; or to violate the provisions
of 18 Pa.C.S.A. § 4903 (relating to false swearing) or § 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 Township to result from the source.
A violation of this chapter or of any order issued by the Township under this chapter shall constitute a public nuisance. The Township shall have the authority to order any Person causing a public nuisance to abate the public nuisance. The public nuisance may be enforced by the Township under this chapter (Chapter 76 "Open Burning") and/or Chapter 73 ("Nuisances"). In addition, when abating a public nuisance, the Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 76-5B of this chapter. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, 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.
