Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Volunteer Fire Company — See Ch. 244.
Bureau of Fire Prevention — See Ch. 246.
Safety, sanitation and health — See Ch. 680.
Fire protection in mobile home parks — See Ch. 1232.
Zoning Code performance standards; air quality — See Ch. 1264.
Fire Prevention Code — See Ch. 1610.

610.01 Short title.

[Ord. No. 454, passed 1-4-2010]
This chapter shall be known and may be cited as the Upper Providence Township Air Pollution Control Ordinance of 2010.

610.02 Authority.

[Ord. No. 454, passed 1-4-2010]
The Township Council of Upper Providence Township (the "Township") does hereby enact and ordain this chapter under and by virtue of and pursuant to the authority granted by the Commonwealth of Pennsylvania pursuant to the Air Pollution Control Act, 35 P.S. § 4001, et seq.

610.03 Findings; policy.

[Ord. No. 454, passed 1-4-2010]
(a) 
Township Council have determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the Township;
(b) 
The Township Council desire to adopt regulations regarding open burning, in order to reduce the effects of open burning on the health, comfort, living conditions, welfare and safety of the citizens of the Township; and
(c) 
The Township Council declares it will be its policy to safeguard the citizens of the Township from such pollution and potential fire hazard.

610.04 Definitions.

[Ord. No. 454, passed 1-4-2010]
The following words, terms, and phrases, when used in the this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
(a) 
BONFIRE — Means an outdoor fire utilized for ceremonial or recreational purposes.
(b) 
BURNING — Means 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.
(c) 
CLEARING AND GRUBBING WASTE — Means trees, shrubs and other native 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.
(d) 
COMPOSTING — Means the process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
(e) 
CONSTRUCTION/DEMOLITION WASTE — Means solid waste resulting from the construction or demolition of buildings and other structures, including but not limited to wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete.
(f) 
COUNCIL — Is the Township Council of Upper Providence Township.
(g) 
FIRE OFFICIAL — Is the Fire Marshal, Assistant Fire Chief, Code Enforcement Officer, police officers or any other person so appointed and designated by Council of the Township of Upper Providence.
(h) 
LEAF WASTE — Means leaves, garden residue, shrubbery, tree trimmings and similar materials, but not including grass clippings.
(i) 
MUNICIPAL WASTE — Means garbage, refuse, industrial lunchroom or office waste and other materials, including: solid, semi-solid, liquid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities.
(j) 
MUNICIPALITY — Means the Township of Upper Providence.
(k) 
NON-ORGANIC MATERIAL — Means material derived or formed from inanimate objects, other than vegetable, such as tin cans, glass crockery, metals, plastic and similar materials.
(l) 
OPEN BURNING — Means the burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purposes of this chapter, 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.
(m) 
ORGANIC MATERIAL — Is material derived from living organisms such as wood, paper and yard waste.
(n) 
PERSON — Means 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.
(o) 
RECREATIONAL FIRE — Means any outdoor fire utilized to cook food for human consumption.
(p) 
RECYCLABLE — Means any material that is required to be recycled in Upper Providence Township under the Pennsylvania Act 101, including scrap lumber (non-treated/painted), yard waste and leaves.
(q) 
SOLID WASTE — Shall mean waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semi-solid, or contained gaseous materials as defined in 25 Pa. Code Chapter 271.1.
(r) 
YARD WASTE — Means leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material.

610.05 Regulation of open fire and outdoor fires.

[Ord. No. 454, passed 1-4-2010]
(a) 
It shall be unlawful for any person to open burn any material, including the following, at any time in any zone within the Township: household trash, books, magazines, newspapers, cardboard and/or any items that are required to be recycled in the Township under Pennsylvania Act 101, including yard waste, leaves and scrap lumber or any vegetation, plywood, drywall, plastic products, insulation, materials, upholstered furniture, solid waste and/or construction waste as defined by the Pennsylvania Solid Waste Management Act and 25 PA Code 271.1, garbage, dead animals, human and animal excrement, human and animal hair, rubber products, including tires, hydrocarbon products or flammable liquids, asphalt or tar shingles or roofing materials, bedding, foam rubber, nylon, rayon, cotton, wool, polyester or other synthetic material, insulation from copper or other wiring.
(b) 
Except where the fire or burning operations result from:
(1) 
An open burning set to prevent or abate a fire hazard when approved by the Department of Environmental Protection's Regional office and set by or under the supervision of a public officer. A permit is required as a prerequisite to any burning under this subsection.
(2) 
A fire set for the purpose of instructing personnel in firefighting, when approved by the Department of Environmental Protection's Regional office.
(3) 
A fire set for the prevention and control of disease or pests, when approved by the Department of Environmental Protection Regional office.
(4) 
A fire set solely for cooking food.
(5) 
A fire set solely for recreational or ceremonial purposes.
(c) 
Open burning as permitted by Section 610.05 shall be subject to the following regulations:
(1) 
Any such open burning is located at least 50 feet or more from any building, structure or combustible materials, and shall not occur within the right-of-way of any street, avenue, road or other public or private way, and shall not create a fire hazard. Fires in approved containers shall be permitted, provided that such fires are not less than 20 feet from any structure.
(2) 
All fires in open burning must be guarded or attended to by one or more responsible adult persons, being individuals 18 or over, AT ALL TIMES until such fire and open burning has been extinguished.
(3) 
Non-organic or recyclable material as defined in Section 610.04 or any other combustibles which may create large amounts of smoke, may not be openly burned.
(4) 
Any such open burning shall be permitted between the hours of 8:00 a.m. and 4:00 p.m. No burning or smoldering shall occur outside the above time period.
(d) 
Suspension of open burning. Any fire official may suspend the above regulations at any time and from time to time when it is determined by any of them that, in their opinion, any of the following conditions exist:
(1) 
Smoke, embers and/or ash emission cause damage to property or vegetation of adjacent properties.
(2) 
Smoke, embers and/or ash emission are, or may be, offensive, objectionable or deleterious to human or animal health.
(3) 
Dry conditions or drought warrant a ban on all open burning, in which case the Township Council shall so advise on the Township's official website.

610.06 Outdoor fireplaces and outdoor cooking grills.

[Ord. No. 454, passed 1-4-2010]
Outdoor fireplaces and outdoor cooking grills shall be permitted upon private property within all zones of the Township solely for the purpose of cooking foods. The following regulations shall apply:
(a) 
No person shall use outdoor fireplaces or outdoor cooking grills for the burning of material as outlined in Section 610.05.
(b) 
Outdoor fireplaces and outdoor cooking grills shall not be used for such purposes other than cooking food.
(c) 
Outdoor cooking grills shall not be used indoors or in any enclosed areas that are not properly ventilated, i.e. garages, etc.

610.07 Indoor fireplaces; wood burning and coal stoves; solid fuel heaters.

[Ord. No. 454, passed 1-4-2010]
Fireplaces or wood burning or coal stoves shall be permitted inside residential private property within all zones of the Township solely for the purpose of heating the dwelling unit. The following regulations shall apply:
(a) 
Only seasoned firewood, coal or solid fuels recommended by the manufacturer may be burned in such fireplaces, wood burning or coal stoves or solid fuel heaters.
(b) 
No person may use such fireplaces, wood burning or coal stoves or solid fuel heaters for the burning of any material as outlined in Section 610.05.
(c) 
Such fireplaces, wood burning or coal stoves or solid fuel heaters shall not be used for such purposes when, in the judgment of the fire official, a fire hazard is created by such use and operation and/or any danger is posed to the occupants therein or the neighboring buildings and/or occupants.

610.08 Handling of ashes and combustible rubbish.

[Ord. No. 454, passed 1-4-2010]
Ashes, smoldering coals, wood and embers or other material liable to spontaneously ignite shall not be deposited or allowed to remain within 10 feet of any combustible materials but shall be deposited in noncombustible containers. Rubbish of any kind shall not be allowed to accumulate.

610.09 Enforcement orders.

[Ord. No. 454, passed 1-4-2010]
(a) 
The Township, through its authorized agents, shall have the power and duty to enforce the provisions of this chapter.
(b) 
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 open 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 open 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 open burning or if the Township finds that any person is in violation of any provision of this chapter.
(c) 
The Township may, in its order, require compliance with such conditions as are necessary to prevent or abate open burning or effect the purposes of this chapter.
(d) 
An order issued under this section shall take effect upon notice, unless the order specifies otherwise.
(e) 
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.

610.10 Responsibility of owners and operators.

[Ord. No. 454, passed 1-4-2010]
(a) 
Whenever the fire official finds that open burning is occurring in the Township other than those exceptions noticed in Section 610.05, the fire official may order the owner or operator to take corrective action in a manner satisfactory to the Township, or the fire official may order the owner or operator to allow access to the land by the fire official or a third party to take such action.
(b) 
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 a civil proceeding in either the Magisterial District Court or the Court of Common Pleas.

610.11 Unlawful conduct.

[Ord. No. 454, passed 1-4-2010]
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 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 the fire official access to the source or facility; or to violate the provisions of 18 Pa. C.S. § 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.

610.12 Public nuisances.

[Ord. No. 454, passed 1-4-2010]
A violation of this chapter or 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. Whenever the nuisance is maintained or continued contrary to this chapter, or any order issued pursuant to this chapter, the nuisance may be abated in any manner as provided by law and any person who causes the public nuisance shall be liable for the cost of abatement including reasonable attorney's fees and costs.

610.13 Severability.

[Ord. No. 454, passed 1-4-2010]
The provisions of this chapter are severable, and if any section, clause, sentence, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, clauses, sentences, parts, or provisions of this chapter. It is hereby declared to be the intent of the Township Council that this chapter would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part or provision had not been included herein.

610.14 Effective date.

[Ord. No. 454, passed 1-4-2010]
This chapter shall become effective January 9, 2010.

610.99 Criminal penalties.

[Ord. No. 454, passed 1-4-2010]
Any person violating any of the provisions of this chapter or neglecting to comply with any order or notice issued pursuant hereto for violation of any section hereto, shall upon conviction before any District Justice, be subject to the payment of a fine not exceeding $300 and the payment of costs of prosecution for each offense, or shall be subject to imprisonment for a period not exceeding 30 days. Each day's continuance of any violation of this chapter shall constitute a separate offense, punishable by a like fine and imprisonment in default of payment thereof.