[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 4-25-1960 by Ord. No. 303; amended in its entirety 11-17-2014 by Ord. No. 870. Subsequent amendments noted where applicable.]
The purpose of Tinicum Township in adopting this chapter is
to regulate and prohibit the burning, ignition and combustion of rubbish,
garbage and other materials within the Township of Tinicum and to
promote and protect the health, safety and welfare of its residents;
and to prevent the needless public damage to life and property by
outdoor fires.
As used in this chapter, the following terms shall have the
meanings indicated:
A man-made structure, whether it is permanent or temporary,
utilized for sheltering people, animals, property or business activity.
The term "building" and the term "structure" are used interchangeably
in this chapter.
To ignite or set on fire any material for the purposes of
disposing/reducing such material, creating heat or creating light.
A single-mouth-opening fireplace that has a chimney to fuel
the fire with fresh air.
An aboveground or below-ground structure built into the ground
or constructed of stones, masonry, brick or other noncombustible material
for the purpose of containing and controlling a wood or charcoal fire.
All putrescible animal, vegetable matter or other food substances
that are subject to decay which result from the handling, preparation,
cooking, serving or consumption of food or food containers.
Any aboveground structure constructed of concrete block,
brick or other noncombustible material for the purpose of containing
and controlling a wood or charcoal fire.
Includes any individual, partnership, association, syndicate
company, firm, trust, corporation, department, bureau, agency, estate
or other entity recognized by law.
Garbage, rubbish and trade waste.
Any individual over the age of 18 years of age who is mentally
competent.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpet,
wood excelsior, paper, ashes and similar material.
The Township of Tinicum, County of Delaware, Commonwealth
of Pennsylvania.
All solid or liquid material or rubbish resulting from construction,
building operations or the execution 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.
It shall be unlawful for any person to burn, ignite or cause
to be burned any material within the Township, except as expressly
provided otherwise hereinafter. Nothing herein shall be construed
to prevent firefighting training by Township-designated firefighting
organizations.
A.
No person shall burn, ignite or cause to be burned any rubbish, garbage
or any other material within the right-of-way of any public street,
alley, road or public way, unless previously authorized by the Township
Fire Marshal.
B.
No person shall burn, ignite or cause to be burned any garbage, rubbish,
refuse or trade waste on any private land or public land within the
Township of Tinicum, whether or not such burning occurs within the
confines of a building or outside the confines of a building.
C.
No person shall burn, ignite or cause to be burned any wood or wood
products on any private land or public land within the Township of
Tinicum outside the confines of a building except as otherwise set
forth herein.
D.
No nonresidential business or operation including, but not limited
to, commercial, institutional or industrial establishments shall burn,
ignite or cause to be burned any materials, whether the materials
are garbage, refuse, wood, trade waste or rubbage, or whether it is
inside or outside the confines of a building, unless such an establishment
has a permit with the Pennsylvania Department of Environmental Protection
(DEP), or any successor agency that burns such materials.
Prohibitions contained in this chapter shall not apply to the
use of any gas or charcoal standard, commercially designed noncombustible
grill used for the noncommercial preparation of food to be consumed
on the premises, when such use is conducted under the following conditions:
A.
Such charcoal and gas grills may be used only for the purpose of
preparing and cooking food.
B.
Such charcoal and gas grills, when lit, must at all times be attended
and supervised by a responsible adult.
C.
Such charcoal and gas grills, when lit, must be at least eight feet
away from any structure and shall not be permitted on any balcony
in the Township.
D.
The use of charcoal and gas grills will be permitted between the
hours of 9:00 a.m. and 10:00 p.m.
Nothing contained in this chapter shall be construed to apply
to the use of any chiminea, fire pit or outdoor fire appliance when
such use is conducted under the following conditions:
A.
Use shall be allowed only when used in compliance with this chapter.
B.
Such chiminea, fire pit or outdoor fire appliance, when lit, must
at all times be attended and supervised by a responsible adult.
C.
The chiminea, fire pit or outdoor fire appliance shall be no more
than 36 inches in diameter, if circular; or 30 inches in length and
width, if square; or rectangular; and shall be used in strict accordance
with the manufacturer's requirements.
D.
The chiminea, fire pit or outdoor fire appliance shall be completely
enclosed with material to contain the combustion process and flames.
This shall include a screen of one-half-inch mesh-type screening or
smaller, or some device to arrest any sparks or embers from leaving
the fire appliance or fire pit.
E.
Only wood, coal or propane may be burned in an outdoor fire pit.
The burning of any other fuel, paper, leaves, trash, refuse or garbage
is strictly prohibited.
F.
The chiminea, fire pit or outdoor fire appliance shall not be placed
any closer than 15 feet from any structure, directly in line or under
the window or door of any abutting home, or the side yard unless the
side yard abuts a public street.
G.
Upon completion of the use of the chiminea, fire pit or outdoor fire
appliance, all fire embers or coals shall be completely extinguished
prior to leaving the chiminea, fire pit or outdoor fire appliance
unattended.
H.
The chiminea, fire pit or outdoor fire appliance must not be used
when utilization will create a disturbance or a nuisance to others
or when a ban on burning has been placed into effect by the Commonwealth
of Pennsylvania or other competent governmental authorities.
I.
Use of chimineas, fire pits or outdoor fire appliances is permitted
between the hours of 9:00 a.m. and 10:00 p.m.
The Township of Tinicum, 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 provisions of this
chapter, or by reason of the conduct of any burning activity in compliance
with the terms and conditions of this chapter. The Individual person
or party responsible for any such fire shall bear sole liability for
any damages caused as a result thereof.
There shall be no burning or attempting to burn any material
that is likely to give off noxious or offensive odors.
Any person violating any of the provisions of this chapter shall,
upon summary conviction before any Magisterial District Justice, pay
a fine of not less than $100 and not exceeding $600 and any costs
incurred by the Township of Tinicum; and in default of payment of
the fine and costs, the violator shall be subject to imprisonment
to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense. The designated Code Enforcement
Officer, Fire Marshal or Police Department may maintain a summary
offense prosecution in addition to a civil enforcement proceeding
wherein the same are not mutually exclusive.
