[HISTORY: Adopted by the Board of Commissioners
of the Township of Haverford as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 86.
[Adopted 5-11-1970 by Ord. No. 1391]
This article shall be known and may be cited
as the "Haverford Township Air Pollution Control Ordinance of 1970."
Whereas the Board of Commissioners has determined
that air pollution from an open fire may be detrimental to the health,
comfort, living conditions, welfare and safety of the citizens of
Haverford Township, it is hereby declared to be the policy of Haverford
Township to safeguard the citizens of Haverford Township from such
air pollution.
The following words, terms and phrases, when
used in this article, unless the context clearly indicates otherwise,
shall have the following meanings ascribed to them:
Township Board of Commissioners.
Any enclosed device specifically designed for the burning
of any material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator, or portable outdoor
fireplace.
[Added 7-14-2014 by Ord. No. 2722]
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, department, bureau, agency or other entity
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.
[Added 7-14-2014 by Ord. No. 2722]
Garbage, rubbish and trade waste.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings,
furniture, tin cans, glass, crockery, masonry and other similar materials.
Any business, trade or industry engaged, in whole or in part,
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution 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; provided, however, that "trade
waste" shall not include any coal refuse associated with the mining
or preparation of coal.
[Amended 6-30-1986 by Ord. No. 1960; 7-14-2014 by Ord. No.
2722]
The Haverford Township Police Chief, Code Enforcement
Officer, or any other duly authorized agent shall have the power and
duty to enforce the provisions of this article.
A.
After the effective date of this article, no person
shall:
(1)
Ignite or feed an open fire for the destruction of
refuse or in the conduct of a salvage operation in any public or private
place outside of any building; or
(2)
Cause, suffer, allow or permit the maintenance of
any open fire for the destruction of refuse or in the conduct of a
salvage operation on any property under his control outside any building.
B.
Exceptions.
(2)
Open fires may be set with the approval of the authorized
enforcement agent of this article, provided that:
(3)
Portable outdoor fireplaces, as defined in this chapter, provided
they are used in accordance with the manufacturers recommendations
and the following additional standards:
[Added 7-14-2014 by Ord. No. 2722]
(a)
Portable outdoor fireplaces shall not be operated within 15
feet of a structure or combustible material at multifamily and nonresidential
properties; within 12 feet of a structure and five feet of other combustible
material at single- or two-family dwellings.
(b)
The device shall not exceed three feet in diameter.
(c)
The device shall be placed on noncombustible surface.
(d)
No flammable liquids should be utilized to start or maintain
fire.
(e)
With wood-burning devices, only hard wood should be used as
fuel.
(f)
Devices should not be placed under any awnings or roof type
structures.
(4)
The burning of leaves, twigs and brush is prohibited.
[Added 7-14-2014 by Ord. No. 2722]
[Amended 6-13-1988 by Ord. No. 2019; 3-12-2012 by Ord. No.
2660; 7-14-2014 by Ord. No. 2722]
Any person, firm, or corporation who shall violate any provision
of this section, upon conviction thereof, in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this section continues
or each section of this section that shall have been found to have
been violated shall constitute a separate offense.
