[HISTORY: Adopted by the Board of Supervisors of the Township of Westtown 5-17-1993 by Ord. No. 93-4; amended its entirety 2-20-2024 by Ord. No. 2024-02. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings ascribed to them herein:
BONFIRE
An outdoor open fire used in conjunction with a recognized ceremony of a community, educational, service or scouting organization. A bonfire does not include family gatherings or celebrations.
BURN BARREL
An enclosed freestanding container with a screen cover designed to prevent flying debris, equipped with a spark- or amber-arresting device, which has a total fuel area of two feet or less in diameter and three feet or less in height with a maximum capacity of 55 gallons.
BURNING
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.
CHIMINEA
An outdoor device that has a single-mouth opening to fuel the fire with fresh air and a chimney.
CLEAN WOOD
Natural wood material which has not been treated with preservative chemicals, has not been painted or stained, and does not contain resins or glues as in plywood or other composite wood products.
COMMERCIAL/INDUSTRIAL WASTE
Dry waste generated by commercial or industrial establishments, including stores, offices, restaurants, warehouses and nonmanufacturing activities at industrial facilities.
DOMESTIC WASTE
Customary wastes from kitchens, baths, showers, sinks, water closets, lavatories and laundries.
FIRE PIT or FIRE RING
An aboveground or below-ground freestanding open structure constructed of stone, masonry, brick, metal or other noncombustible material or combination thereof designed to contain and control fire and prevent it from spreading. A fire pit does not include charcoal- or gas-powered grills that are only intended to be used for cooking purposes.
INCINERATOR
Any device, apparatus, equipment or structure constructed of nonflammable materials used for burning of domestic waste and yard waste or other materials as permitted by this chapter at high temperatures for destruction.
OPEN FIRE
A controlled 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.
OUTDOOR FIREPLACE
An outdoor freestanding structure constructed of stone, masonry, brick, metal or other noncombustible material or combination thereof with an enclosed burn chamber, solid or screened opening and chimney with spark arrestor.
PORTABLE BURNING UNIT
An outdoor portable aboveground commercially manufactured wood-burning or propane or natural gas device equipped with a spark- or ember-arresting device used for entertainment purposes or heating.
RECREATIONAL FIRE
An outdoor fire used to cook food for human consumption, entertainment purposes, or providing warmth contained in a stationary structure or portable device, including outdoor fireplace, fire pit, fire ring, chiminea and portable burning unit with or without a removable cover.
STRUCTURE
Any form or arrangement of building materials involving the necessity of providing proper support, bracing, anchorage or other protection. Such arrangement shall have a permanently fixed location in or on the ground. Structures include, but are not limited to, primary and accessory buildings, open sheds and similar enclosures with less than four walls and/or a roof, signs, fences or walls over six feet in height, detached aerials and antennas, decks, porches, platforms, recreational courts, swimming pools, tents, tanks, and towers.
YARD WASTE
Plant material that comes from yard and lawn maintenance and other landscaping and gardening activities, and includes leaves, wood branches, grass clippings, garden residue, tree trimmings, shrubbery and other vegetative material.
The purpose of this chapter is to:
A. 
Provide for the public health, safety and welfare of the citizens of Westtown Township.
B. 
Prevent nuisances caused by outdoor burning.
C. 
Clarify the requirement for the burning of trash, domestic waste, and yard waste.
D. 
Provide criteria and standards for recreational fires and bonfires.
E. 
Encourage the use of recreational fires by Westtown residents for their enjoyment.
F. 
Avoid erroneous calls to the Fire Department.
It shall henceforth be unlawful to burn or authorize (or, on one's own property, to permit) another to burn anything outdoors anywhere within the Township, except as otherwise permitted in this chapter.
In addition to the more specific criteria for the specific type of burning, the following general criteria shall apply to all outdoor burning within the Township:
A. 
A person shall maintain a minimum of a single five-pound ABC portable fire extinguisher or a garden hose connected to a water source and a shovel in proximity to the outdoor burning for immediate utilization.
B. 
A person, who is over 18 years old, shall continuously attend the burning until the burning is fully extinguished.
C. 
No burning shall be conducted under any roofing, awning, or similar overhead covering, or indoors.
D. 
No combustible or flammable liquid fuels shall be used to light or relight a fire.
E. 
Outdoor burning shall only occur between the hours of 8:00 a.m. and 4:00 p.m., except as otherwise permitted in this chapter.
In addition to the standards contained in § 63-4, recreational fires are permitted if all of the following criteria are met:
A. 
The burning area of a recreational fire shall not exceed 44 inches in circumference and two feet in height, except for a chiminea and outdoor fireplace.
B. 
Portable burning units utilized for recreational fires shall be used strictly in adherence with all manufacturer's guidelines and specifications and shall only be placed on a flat noncombustible surface, such as brick, concrete, rock, or heavy-gauge metal.
C. 
A recreational fire shall be located a minimum of 10 feet from any structure, tree (including canopy), vehicle, utility pole, utility equipment, and property line.
D. 
The burning materials of a recreational fire shall be clean wood, charcoal or wood chips products, except for those utilizing propane or natural gas devices as described in this chapter.
E. 
A person shall obtain a permit for a recreational fire structure that is constructed as a part of a building or an accessory structure, and the recreational fire structure shall meet the requirements of Township Building Code and any other applicable code.
F. 
All recreational fires shall be extinguished before midnight.
In addition to the standards contained in § 63-4, bonfires are permitted if all of the following criteria are met:
A. 
The burning area of a bonfire shall not exceed five feet in diameter and 10 feet in height.
B. 
A bonfire shall be located a minimum of 50 feet from the nearest structure, tree (including canopy), vehicle, or utility pole, utility equipment, and 20 feet from any property line.
C. 
A person shall maintain a fifteen-foot cleared area free of trees, shrubs and other combustible materials immediately around a bonfire.
D. 
The burning materials of a bonfire shall be clean wood, charcoal or wood chips products.
E. 
A person shall notify the Westtown Township Fire Marshal by calling the nonemergency Chester County telephone line at 610-436-4700 at least 24 hours prior to setting a bonfire.
F. 
There shall be no more than three bonfires on three consecutive days on a single parcel. A bonfire shall be extinguished daily no later than 10:00 p.m.
It shall henceforth be unlawful to burn or authorize (or, on one's own property, to permit) another to burn paper, rubbish or other domestic waste material outdoors anywhere within the Township, unless:
A. 
The fire is confined within a burn barrel or incinerator placed on an even flat noncombustible surface at least 10 feet from any structure, tree (including canopy), vehicle, utility pole or utility equipment, and from any property line.
It shall henceforth be unlawful to burn or authorize (or, on one's own property, to permit) another to burn yard waste anywhere within the Township, unless the fire is confined within a burn barrel or incinerator as defined in this chapter and which meets the requirements of § 63-7 above, or if all of the following conditions are met:
A. 
The burning of yard waste shall be limited to tree trimmings.
B. 
The burning area of yard waste shall not exceed five feet in diameter and three feet in height.
C. 
The burning of yard waste shall occur at least 15 feet from any structure, tree (including canopy), vehicle, utility pole, utility equipment, and property line.
D. 
A person shall maintain a fifteen-foot minimum cleared area free of trees, shrubs and other combustible materials around the burning of yard waste.
It shall henceforth be unlawful to burn or authorize (or, on one's own property, to permit) another to burn commercial/industrial waste material outdoors anywhere within the Township at any time.
It shall henceforth be unlawful to burn or authorize (or, on one's own property, to permit) another to burn leaves, brush, grass, wood, paper, rubbish or other materials, or to light any fire upon or within five feet of a public road or curb, or to light any fire within five feet of a utility pole or utility equipment.
It shall henceforth be unlawful to kindle a 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.
It shall henceforth be unlawful to light or authorize (or, on one's own property, to permit) another to light or attempt to light any outdoor fire when a ban on such fires has been publicly announced by the Commonwealth of Pennsylvania, Chester County, the Board of Supervisors, or their authorized representative, in a time of drought.
Any fire on public or private property may be extinguished by the local fire company having jurisdiction, either with or without the consent of the landowner or person in charge, if, in the opinion of the Westtown Township Fire Marshal or a Westtown-East Goshen police officer, such fire constitutes a danger to persons or property.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.