[HISTORY: Adopted by the Board of Supervisors
of the Township of East Brandywine 4-21-1987 by Ord. No. 87-2. Amendments
noted where applicable.]
The purpose of this chapter is to prevent public
and private nuisances caused by outdoor fires deliberately or carelessly
set and maintained, and to avoid unnecessary calls and false alarms
to the Fire Department.
A.
Burning of trash, rubbish, or any other material considered
as domestic refuse resulting from the normal occupancy of a dwelling,
shall be strictly prohibited, except in an approved incinerator.
B.
An approved incinerator or burner shall be a container,
such as a metal fifty-five-gallon drum with a screen cover designed
to prevent flying debris, or a permanent block or brick burner specifically
designed for the incineration of domestic refuse. The Township Fire
Marshal shall make the final determination regarding questions on
these incinerators.
C.
Burning is restricted to no more than three consecutive
days. No fires shall be permitted to burn between the hours of 10:00
p.m. and 6:00 a.m.
D.
The fire shall be contained in an approved container
located no less than 50 feet from any structure.
E.
Such fire shall be constantly attended by a person
over 18 years at age until extinguishment.
A.
No bonfire or other uncontained fire shall be kindled
or permitted to burn whenever drought or extreme weather conditions
exist, or when a ban on outdoor burning has been placed into effect
by the Commonwealth of Pennsylvania, or the Supervisors of East Brandywine
Township. Notice of such restrictions shall be given by notice in
a newspaper of general circulation, by posting of a notice at the
Township Office, and any other such notice as the Township may deem
necessary.
B.
No one shall kindle or maintain any bonfire or other
uncontained fire, or authorize any such fire to be kindled or maintained,
unless:
(1)
A burning permit is obtained from the Township Secretary
during normal working hours.
(2)
The Township Fire Marshal shall be notified when deemed
necessary to approve said burning by the Township Secretary.
(3)
No fire shall be permitted to be kindled or maintained
within 50 feet of any structure, or within 15 feet of any combustible
material. Provisions shall be made to prevent the fire from spreading
to within 50 feet of any structure or 15 feet of any combustible material.
(4)
Bonfires or uncontained outdoor fires shall be limited
to three consecutive days, and shall be restricted to daylight hours
only. Fires shall not be permitted to burn or smolder after dark.
(5)
In the event it is necessary to have an uncontained
fire at times other than specified tinder the terms of this chapter,
special permission shall be secured from the Township Fire Marshal,
and the East Brandywine Fire Company shall also be notified.
(6)
No uncontained fire shall be maintained unless constantly
attended by at least one person over 18 years of age, until extinguishment.
(7)
Any uncontained fire permitted to burn in an unsafe
manner, during adverse weather conditions, or unsupervised, or if
determined unsafe by the Township Fire Marshal, or an official of
the East Brandywine Fire Company, shall be immediately extinguished
upon demand by such official or their agents.
(8)
No one shall kindle or maintain any bonfire or uncontained
fire which conflicts with any provisions of this chapter, or the terms
set forth on the burning permit.
No one shall maintain any fire which interferes with the reasonable
enjoyment of life and property of his neighbors. Said person shall
immediately extinguish said fire upon demand of the Township Fire
Marshal, an official of the East Brandywine Fire Company, or their
agents.
Nothing in this chapter shall prohibit:
A.
Any fire, the sole purpose of which is to cook or
prepare food, provided said fire is confined within a fireproof container
designed for same.
B.
Any fire maintained solely for the purpose of firefighter
training of the East Brandywine Fire Company, its successors and assigns;
provided, however, that said fire shall not emit any noxious fumes
or flying debris.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof before a Magisterial District
Judge, be subject to the summary criminal procedures and a penalty
or fine of not less than $100 nor more than $1,000, together with
costs of prosecution for each violation, and may upon default of payment
of fine and costs, be sentenced to suffer imprisonment in accordance
with the law.
