[HISTORY: Adopted by the Board of Supervisors of the Township
of Union at time of adoption of Code (See Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
This chapter shall be known and cited as the "2014 Union Township
Burning Ordinance."
The purpose of this chapter is to provide for greater control
and more effective regulation of excessive levels of smoke, air pollution
and sources of excessive smoke due to burning within the Township.
It is the opinion of the Board of Supervisors that excess levels of
smoke and air pollution are detrimental to the physical, mental and
social well-being of its residents as well as to the comfort, living
conditions, general welfare and safety thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
Used steel drums formerly containing oil, grease, chemicals
or other products typically available in fifty-five-gallon size.
Any fire contained in a fireplace or other contained enclosure
designed for outdoor cooking.
Any enclosed device specifically designed for burning 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 combustible material.
A fire in which any material is burned in the open or in
a receptacle.
Any individual, partnership, association, corporation, department,
bureau, agency or legal entity.
An individual 18 years of age or older, who is not under
the influence of drugs or alcohol or suffering from any other disability
which would impair his or her ability to properly supervise a fire.
Solids or liquids not considered to be highly flammable or
explosive, including, but not limited to, rags, old clothes, leather,
rubber, carpets, excelsior, ashes, furniture, tin cans, used oil,
glass, crockery, masonry, plastics, recyclable items and other similar
items.
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.
Township of Union, Washington County, Pennsylvania.
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 that trade waste shall
not include any coal refuse associated with mining or preparation
of coal.
A.
No person shall ignite or contribute to an open fire while conducting
a salvage operation in any public or private place.
B.
No person shall ignite or contribute to an open fire of garbage,
rubbish and trade waste, leaves and/or grass.
C.
Open/controlled fires of
tree limbs and branches and paper waste shall be allowed within the
Township only on Tuesdays and Thursdays between the hours of 10:00
a.m. and 7:00 p.m. Eastern standard time and on Saturdays between
10:00 a.m. and 5:00 p.m. EST. Open fires set forth herein shall be
contained in a fire ring made of noncombustible material such as iron,
steel, masonry or stone, which is no higher than 2.5 feet and which
is constructed to provide adequate air flow to the fire. Burn barrels
shall not be permitted.
D.
Open fires shall not be permitted during holidays (i.e., Christmas,
Thanksgiving, Labor Day, etc.).
E.
No person shall cause, suffer, allow or permit the maintenance of
any fire during times of high winds.
F.
No person shall cause, suffer, allow or permit the open burning of
any item located within trailer parks, mobile home parks, trailer
courts and/or mobile home courts.
G.
All fires shall be attended to at all times by a responsible adult
with readily available means of extinguishing the fire. A water hose,
buckets and/or sprinkling cans shall be proximal to the fire for purposes
of controlling the same.
H.
Fire must be extinguished thoroughly with no smoldering before leaving the area or at the time limit set forth in Subsection C.
I.
It shall be unlawful to transport tree limbs, branches or brush from
outside of the Township boundaries in order to be burned within the
Township.
A.
Open fires may be set for recreational purposes pursuant to the following
specific conditions:
(1)
Only wood shall be burned, and no excessive smoke is allowed.
(2)
Recreational fires shall be contained in a pit made of noncombustible
material such as iron, steel, masonry or stone. Said fire pit must
be located not closer than 20 feet to any structure. A recreational
fire pit shall be no more than 2.5 feet high and four feet wide.
(3)
A water hose and/or buckets/sprinkling cans shall be proximal to
the recreational fire for purposes of controlling the same.
(4)
No recreational fire is allowed to be left unattended.
(5)
In cases where smoke and/or hot ashes blow directly into windows
and/or roofs of adjacent homes, smoke shall be cleared or fire extinguished.
B.
Recreational fires shall be extinguished thoroughly before leaving
the area or at 11:00 p.m.
C.
Only grilles that are fueled by wood, charcoal, liquid propane gas
and/or natural gas are permitted for purposes of preparing food.
Burning for commercial purposes is permitted only where the
business is authorized by and possesses a valid Pennsylvania Department
of Environmental Protection permit for said burning.
In agricultural zones and in agricultural uses regardless of
zone, burning consistent with normal agricultural operation (see Pennsylvania
Act 133, "Right to Farm") shall be excluded from regulation.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq. (Act 133 of 1982).
A.
Burning of rubbish, refuse, construction debris, aerosol cans, by-products
of manufacturing and processing operations, and wastes from commercial
operations is strictly prohibited.
B.
Nothing herein shall be construed to permit or encourage the burning
of any substance determined by the Commonwealth of Pennsylvania or
the United States Environmental Protection Agency to be a hazardous
substance, nor shall any fire be permitted to burn by any persons
if such burning is in violation of the Air Pollution Control Act[1] or other legislation by the Commonwealth of Pennsylvania
or the United States of America, or any of their legislative agencies.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
A.
The Board of Supervisors, Washington County Emergency Management
and/or commonwealth regulatory official may declare a fire ban emergency
in Union Township with or without consultation with the Fire Chief
of the local volunteer fire company operating within the Township
during a period of drought or other periods of high fire risk to woodlands
or property within Union Township.
B.
Upon the Board of Supervisors' declaration of a fire ban emergency,
all outdoor burning or fires shall be prohibited until the ban is
lifted by the Board of Supervisors.
C.
The Township shall publish a notice of the fire ban emergency at
least once in a local newspaper of general circulation. In addition,
the Township may issue news releases to all communication media, including
radio, television and newspapers.
The Board of Supervisors shall appoint the Code Enforcement
Officer, who shall have the power to enforce the provisions of this
chapter.
A.
It shall be unlawful to burn, ignite, incinerate, maintain or otherwise
permit the burning of any materials whatsoever without complying with
the requirements of this chapter.
B.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge 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.
A.
In the case of a fire requiring firefighters and/or equipment, and
upon conviction of any violation of this chapter, the violator shall
also pay charges in order to cover the firefighting costs. Charges
shall be assessed for the use of the following firefighting equipment:
B.
Additional labor charges shall be assessed under this chapter based
upon an hourly rate for all firefighters engaged in the firefighting
activities, if applicable.
C.
The Board of Supervisors shall determine, by resolution, a reasonable
schedule of costs based upon mileage, operating costs and firefighting
equipment and man hours. These charges shall be in addition to and
not in lieu of any penalties provided elsewhere in this chapter.
The Board of Supervisors, and 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 issuance of any
permit under the provisions of this chapter or by reason of the conduct
of any burning activity in compliance or noncompliance with the terms
and provisions hereof. The person, persons, company or companies responsible
for any such fire and the permit holder shall bear sole liability
for any damages caused as a result thereof.
