[Ord. 188, 9/7/2004, § I]
This Part shall be known and may be cited as the "Honey Brook
Borough Open Burning Ordinance."
[Ord. 188, 9/7/2004, § II]
Honey Brook Borough, Chester County, Pennsylvania.
The burning of any material or combination of materials where
the products of the combustion are emitted directly into the ambient
air without first passing through a stack or chimney from an enclosed
chamber inside of any building or structure. For purposes of this
definition, a chamber is considered "enclosed" when, during the time
combustion is occurring, the only apertures, ducts, stacks, flues
or chimneys open to the outside air are those necessary to emit combustion
air or those necessary to permit the escape of exhaust gases from
the combustion to the outside of any building, and then into the ambient
air.
Any commercially constructed grill or commercially or non-commercially
constructed masonry grill used for heating, cooking and preparing
food for human consumption.
Any individual, partnership, association, corporation, department,
bureau, agency or other similar legal entity.
An appliance or device commercially manufactured out of noncombustible
materials such as steel, concrete or clay to burn solid fuel such
as wood but also including propane, gas or other appropriate regulated
fuels in the outdoors for the express purpose of providing heat, recreation,
and/or cooking food for consumption. This term includes, but is not
limited to, chimineas, patio heating units, heating lamps, wood-fired
boilers, cast-iron fire pits, and stove furnaces.
[Added by Ord. 238, 3/7/2016]
An outdoor fire used to cook food for human consumption.
[Ord. 188, 9/7/2004, § III]
Within the municipal limits of the Borough, no person shall
kindle, set, start, ignite, maintain or permit the kindling, setting,
starting, ignition or maintenance of any open burning outside of any
building for any purpose at all, including by way of example and not
by way of limitation any junk fire, refuse fire, open fire, a fire
ignited to burn brush, grass, wood, leaves, paper, rubbish, garbage,
construction materials, etc.
[Ord. 188, 9/7/2004, § IV]
1.
The prohibition against open burning in § 7-103, above, shall not apply to any fire started or ignited:
A.
To prevent or abate a fire hazard.
B.
For the purpose of instructing firefighting personnel or to demolish
a fire hazard (including a structure or structures).
C.
For the prevention and control of disease or pests.
D.
In conjunction with the production of agricultural commodities in
their unmanufactured state on the premises of a farm operation.
E.
Solely for ceremonial purposes, such as a bonfire.
2.
The exceptions listed in Subsection 1, above, shall be permitted if and only if any open burning pursuant to these exceptions is:
A.
Authorized in writing by the Honey Brook Borough Council or the Honey
Brook Borough Code Enforcement Officer.
B.
Done under the supervision of a member of the Honey Brook Borough
Fire Company No. 1.
C.
If required, authorized by a permit issued by the Commonwealth of
Pennsylvania Department of Environmental Protection ("DEP").
D.
Conducted during daylight hours only.
E.
Has a duration of three hours maximum from time of ignition until
time of extinguishment.
[Ord. 188, 9/7/2004, § V, as amended by Ord. 238,
3/7/2016]
1.
Outdoor Barbecues. It shall be lawful at any time for any person
to kindle, set, start, ignite and maintain a recreational fire for
the purpose of outdoor barbecues, provided that such fire is confined
to an outdoor barbecue structure as defined herein, and is used solely
for the heating, cooking and preparation of food products for human
consumption.
2.
Portable Outdoor Fireplaces. It shall be lawful at any time for any
person to use a portable outdoor fireplace, as above defined, subject
to the following regulations:
A.
The portable outdoor fireplace shall not be used to burn refuse,
junk materials or recyclable materials.
B.
The portable outdoor fireplace shall only be used to burn clean wood
or approved alternatives.
C.
The portable outdoor fireplace shall be attended at all times and
observation is required at all times until the fire is completely
extinguished.
D.
The portable outdoor fireplace shall be located at least 25 feet
away from the nearest structure or combustible material which is not
on the same property as the portable outdoor fireplace, and at least
15 feet away from the nearest structure or combustible material which
is located on the same property as the portable outdoor fireplace.
E.
The portable outdoor fireplace shall not cause a nuisance to neighbors with respect to smoke, odor emissions or illumination, and shall constitute a public nuisance if utilized in violation of the within regulations and otherwise applicable regulations of Chapter 7.
F.
The portable outdoor fireplace shall not be operated when the use
of the unit is objectionable or offensive because of smoke or odor
emissions when atmospheric conditions or local circumstances dictate.
G.
The portable outdoor fireplace must be used according to the manufacturer's
specifications and instructions.
H.
The portable outdoor fireplace must be UL listed or approved by the
Borough Fire Marshal, Borough Fire Chief and/or Borough Code Enforcement
Officer.
[Ord. 188, 9/7/2004, § VI]
The Borough Council hereby gives express authority to the Honey
Brook Borough Fire Company No. 1 to extinguish any open burning, including
recreational fires, within the Borough when the Chief of the Honey
Brook Borough Fire Company No. 1 (or, in his absence, the highest
acting officer of the Honey Brook Borough Fire Company No. 1) deems
that conditions warrant such action.
[Ord. 188, 9/7/2004, § VII; as amended by Ord.
193, 7/16/2007]
1.
Any person who violates any provision of this Part shall, upon conviction
thereof, shall be sentenced to pay a fine of not less than $500 nor
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this Part continues shall constitute a separate
offense.
2.
In addition to any other person authorized by law to issue a "non-traffic
citation" for a violation of this Part, the Borough Code Enforcement
Officer and the Chief of the Honey Brook Borough Fire Company No.
1 are also authorized to issue and to file non-traffic citations with
that magisterial district judge who has jurisdiction over any violation
of this Part. The Borough Solicitor is authorized to prosecute these
citations before that magisterial district judge on behalf of the
Borough.
[Ord. 188, 9/7/2004, § VIII]
A violation of this Part shall constitute a public nuisance.
[Ord. No. 245-2018, 4/2/2018]
No insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within Honey Brook Borough under the terms of Section 508(a) of the Insurance Company Law of 1921, as amended, 40 P.S. § 638(a), unless the insurance company, association or exchange is furnished with a certificate pursuant to § 7-202 of this Part and unless there is compliance with the procedures set forth in §§ 7-203 and 7-204 of this Part.
[Ord. No. 245-2018, 4/2/2018]
1.
The Borough Secretary or Borough Manager or a designee shall furnish
the insurance company, association or exchange (the "company") either
of the following included below within 14 working days of the written
request of the named insured. The written request shall contain: the
tax description of the property; the name and address of the company;
the date of the receipt of the loss report of the claim as agreed
upon by the named insured and the company; and the payment of a certification
fee in the amount as set from time to time by resolution of the Borough
Council to cover the administrative expense of processing the request
and copying.
A.
A certificate or, at the discretion of the Borough, a verbal notification
which shall be confirmed in writing by the insured to the effect that,
as of the date specified in the request, there are no delinquent taxes,
assessments, penalties or user charges against the property (sewer
and refuse charges) and that, as of the date of the Secretary's
certificate or verbal notification, the Borough has not certified
any amount as total costs incurred by the Borough for the removal,
repair or securing of a building or other structure on the property;
or
B.
A certificate and bill showing the amount of delinquent taxes, assessments,
penalties or user charges (sewer and refuse charges) against the property
as of the date specified in the request that have not been paid as
of the date of the certificate and also showing, as of the date of
the Secretary's certificate, the amount of the total costs, if
any, certified by the Secretary or his/her designee that has been
incurred by the Borough for the removal, repair or securing of a building
or other structure on the property. For the purposes of this subsection,
the Borough Secretary shall certify the total amount, if any, of such
costs. For the purposes of this Part a tax, assessment, penalty or
user charge becomes delinquent at the time and on the date a lien
could otherwise have been filed against the property by the Borough
under applicable law or ordinance.
2.
Upon receipt of a certificate pursuant to Subsection 1A of this section, the insurance company, association or exchange shall pay the claim of the named insured in accordance with the policy terms, unless the loss agreed to between the named insured and the company, association or exchange equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure. In the case of such a loss, the insurance company, association or exchange, the insured property owner and the Borough shall follow the procedures set forth in §§ 7-203 and 7-204 of this Part.
3.
Upon the receipt of a certificate and bill pursuant to Subsection 1B of this section, the insurance company, association or exchange shall return the bill to the Secretary or his/her designee and transfer to the Secretary or his/her designee an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs shown on the bill. In the case of a loss subject to §§ 7-203 and 7-204 of this Part, the insurance company, association or exchange shall transfer to the Secretary or his/her designee the amount from the insurance proceeds shown on the bill separately from the amounts transferred under § 7-203 of this Part. The Borough shall receive the amount and apply or credit it to the payment of the items shown in the bill.
[Ord. No. 245-2018, 4/2/2018]
When the loss agreed to between the named insured and the company,
association or exchange equals or exceeds 60% of the aggregate limits
of liability on all fire policies covering the building or other structure,
the insurance company, association or exchange shall transfer from
the insurance proceeds to the Borough Secretary or his/her designee
the amounts required by and in accordance with the procedures set
forth in 40 P.S. § 638(c). Policy proceeds remaining after
the transfer to the Borough shall be disbursed in accordance with
the policy terms. The named insured may submit a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure after the transfer, and the Borough Manager
or his/her designee shall return the amount of the fund in excess
of the estimate to the named insured if the Borough has not commenced
to remove, repair or secure the building or other structure. The Borough
Manager or his/her designee shall carry out the duties of this section.
[Ord. No. 245-2018, 4/2/2018]
Upon receipt of the proceeds by the Borough as authorized by § 7-203, the Borough Secretary or his/her designee shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Borough. When transferring the funds as required in § 7-203, an insurance company, association or exchange shall provide the Borough with the name and address of the named insured, whereupon the Borough shall contact the named insured, certify that the proceeds have been received by the municipality and notify the named insured that the procedures under this section shall be followed. The funds shall be returned to the named insured when repairs, removal or securing of the building or other structure have been completed and the required proof received by the Borough Secretary or his/her designee if the Borough has not incurred any costs for repairs, removal or securing. If the Borough has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund; and if excess funds remain, the Borough shall transfer the remaining funds to the named insured. Nothing in this Part shall be construed to limit the ability of the Borough to recover any deficiency. Further, nothing in this section shall be construed to prohibit the Borough and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
[Ord. No. 245-2018, 4/2/2018]
The total costs incurred by the Borough for the removal, repair
or securing of a building or other structure under this Part shall
include, but not be limited to, all administrative, personnel and
overhead costs incurred by the Borough in accordance with generally
accepted accounting procedures.
[Ord. No. 245-2018, 4/2/2018]
Upon the enactment of this Part, the Borough Secretary shall
file an exact copy of the ordinance with the Department of Community
and Economic Development, together with the name, position and phone
number of the municipal official responsible for compliance with Section
508 of the Insurance Company Law of 1921, as amended.
