[Ord. No. 558, 3/4/2015[1]]
1.
Title. This Part shall be known and may be cited as the "Open Burning
Ordinance of Lower Swatara Township."
2.
Purpose. The purpose of this Part is to protect the safety of the
general public by establishing controls and restrictions for all outdoor
and open burning. This Part will further control and restrict smoke
and emissions for such fires from adversely affecting the general
public and adjoining or surrounding properties. It is hereby declared
that this Part is necessary for the protection, comfort, benefit and
preservation of the health, safety and welfare of residents of the
Township.
3.
Applicability. When any United States Government, Commonwealth of
Pennsylvania, Township of Lower Swatara, or other government or jurisdictional
agency thereof shall issue more stringent rules or regulations, whether
permanent, temporary, general or specific to Lower Swatara Township,
or sections thereof, those rules and regulations shall apply. When
said jurisdictions or agencies have less stringent rules and regulations
than contained in this Part, this Part shall apply.
4.
Conflicting Provisions. Whenever conflicting provisions or requirements
occur between this Part, the technical codes and any other codes or
laws, the most restrictive shall govern.
5.
Partial Validity. In the event any part or provision of this Part
is held to be illegal or void, this shall not have the effect of making
void or illegal any of the other parts or provisions thereof, which
are determined to be legal; and it shall be presumed that this Part
would have been passed without such illegal or invalid parts or provisions.
6.
Segregation of Invalid Provisions. Any invalid part of this Part
shall be segregated from the remainder of this Part by the court holding
such part invalid, and the remainder shall remain effective.
[Ord. No. 558, 3/4/2015]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this Part, have the meanings in this section. Terms
not defined in this section shall have ordinarily accepted meaning
such as the context may imply.
Any person who shall have charge, care, or control of any
property, or as executor, executrix, administrator, trustee, or guardian
of the estate of the owner of the property. Any such person representing
the actual owner shall be bound to comply with the provisions of this
Part as if that person were the owner.
A mechanical device which forcefully projects a curtain of
air across a pit in which open burning is being conducted so that
combustion efficiency is increased and smoke and other particulate
matter are contained.
An outdoor fire used for ceremonial purposes.
Any structure, built or constructed, used or intended for
supporting or sheltering any occupancy or use including a structure,
the use of which is incidental to that of the main building or buildings
on a property.
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this Part, "smoldering" shall have the same meaning
as burning and any smoldering shall be deemed a burning.
A fire with no intrinsic purpose other than to commemorate
an event, custom, or ritual.
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.
The Code Enforcement Department of Lower Swatara Township
which includes the Code Enforcement Officer, Building Code Official,
and Fire Marshal.
The Pennsylvania Department of Environmental Protection.
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling. The term does not include appliances,
carpets, demolition waste or building materials, roofing, siding,
insulation, furniture, mattresses or box springs, paint, solvents,
tires, and similar materials.
A building providing complete, independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Air contaminants emitted into the atmosphere.
United States Environmental Protection Agency.
A chemical or mechanical mixture that is commonly used or
intended for the purpose of producing an explosion that contains any
oxidizing and combustible units or other ingredients in such proportions,
quantities, or packing that an ignition by fire, by friction, by concussion,
by percussion, or by detonation of any part of the compound or mixture
causes such a sudden generation of highly heated gases that the resultant
gaseous pressures are capable of producing destructive effects on
contiguous objects or of destroying life and limb.
The putting out or quenching of a fire to and including the
complete cooling of ashes or residue of the fire, such that rekindling
by and of itself is not possible and that any smoke or emissions have
ceased from the ashes, residue or area of the fire.
A property on which the primary purpose or use is the commercial
cultivation of crops for human or animal consumption or use, or devoted
to the commercial raising or breeding of domestic animals. Property
or premises with residential or other primary uses on which crops
are cultivated or animals bred or raised shall not be considered to
be farms.
The Fire Marshal or Assistant Fire Marshal of the Township
of Lower Swatara. The term may also apply to Township code official,
a fire department chief or line officer, acting officer-in-charge,
and police officer.
Any garbage, refuse, industrial lunchroom, or office waste,
and any other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial, educational, or institutional establishments and from
community activities.
The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack, chimney, flue, or screen from an enclosed chamber or approved container. For purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion takes place, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and to permit the escape of exhaust gases are open. Approved containers are described in § 7-107 of this Part.
Any person who alone, jointly or severally with others, shall
have legal title to any building, structure, premises or property,
with or without accompanying actual possession thereof, and shall
include the duly authorized agent or attorney, a purchaser, devisee,
fiduciary and any person having a vested or contingent interest in
the property in question.
Any individual or individuals, public or private corporation
for profit or not for profit, association, partnership, firm, trust,
estate, board, organization, and any other group acting as a unit.
It shall include, also, an executor, administrator, trustee, receiver,
or other representative appointed according to law.
An outdoor fire which is used to cook food for human consumption.
Also a fire in a container sold and erected for use for small fires
for social purposes such as, but not limited to, outdoor fireplaces,
chimineas, copper basins, and coffee table fire pits acceptable to
the Code Enforcement Department.
Recyclable material shall include glass, plastic, aluminum,
steel, and bimetal cans and containers, including aerosol cans; and
cardboard, newsprint, junk mail and magazines.
The municipal solid waste, as defined herein, generated at
a dwelling unit, as also herein defined.
Leaves, grass clippings, garden residue, shrubbery, tree
trimmings, clipped shrubbery, and other vegetative material.
[Ord. No. 558, 3/4/2015]
1.
The following burning and types of fires are not permitted within
Lower Swatara Township:
A.
No person shall cause or permit the outdoor burning of any municipal
solid waste and/or any other recyclable materials.
B.
No person shall cause or permit the outdoor burning of any material
which is explosive or which, when burned, may cause noxious or toxic
emissions or smoke; such as, but not limited to, garbage, rubber,
wire, building materials, roofing shingles or other asphalt roof coverings,
tires and other similar materials.
C.
No person shall cause or permit the outdoor burning of any material
in such a manner that emissions are or may be deleterious to human
or animal health.
D.
No person shall cause or permit the burning of any material that
will cause damage to ground cover or vegetation in excess of five
feet of the fire, or cause damage to any live or standing trees and
shrubbery on the property upon which the burning is taking place,
or any vegetation, trees or shrubs on adjoining property.
E.
No person shall ignite, burn or set fire to any material on the public
right-of-way of any street or alley except highway safety flares and
similar occupational safety and highway marking devices, smudge pots
and open flames used in highway construction, repair or similar uses.
F.
No person shall ignite, burn or set fire to any material on any right-of-way
or easement that may endanger or cause damage to any public or private
utility structure or equipment including, but not limited to, stormwater
facilities such as piping, catch basins or outlet structures; or utility
poles, electric, telephone, signal, television, gas, oil, or fuel
equipment lines or piping, and sewer or water utility structures or
piping.
G.
No person shall ignite, burn, set or maintain any outdoor fire without
having obtained, when applicable or required, a permit or authorization
from the Pennsylvania Department of Environmental Protection or the
United States Environmental Protection Agency.
H.
No person shall ignite, burn, set or maintain any outdoor fire that will threaten or cause damage to any building or structure unless specifically authorized in Subsection 1E of § 7-104 of this Part.
I.
No person shall conduct any open burning or outdoor burning on the
following designated holidays: Memorial Day, Independence Day (July
4), Labor Day, Veterans Day, Thanksgiving, Christmas, and New Year's
Day. Recreational use of outdoor fireplaces is permitted on these
designated holidays.
J.
No person shall conduct or allow outdoor open burning or outdoor
burning in an approved container unless the fire is attended by a
competent person or persons who must watch and are equipped to confine
and control the fire.
K.
No burning will be permitted during weather, which in the sole judgment
of the Fire Official, is dangerous or unsafe.
[Ord. No. 558, 3/4/2015]
1.
The following burning and types of fires are allowed within Lower
Swatara Township provided an application for a permit is submitted
to, and approved by, the Code Enforcement Department, and where required
approved by the Pennsylvania DEP and/or the United States EPA:
A.
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection.
B.
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
C.
A fire set for the purpose of burning clearing and grubbing waste.
An air curtain destructor must be used and must be approved by the
Department of Environmental Protection's Regional Air Quality
Program office.
D.
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection's Regional Air Quality
Program office and set by or under the supervision of a public official
acting in an official capacity.
E.
A fire set for the purpose of instructing personnel in firefighting.
When burning a structure or other large item/area, approval by the
Department of Environmental Protection's Regional Air Quality
Program office is required. A Township burn permit is required.
F.
A fire set to eliminate yard waste.
G.
Ceremonial fires as approved by the Township Code Enforcement Department.
H.
Recreational Fires. A permit is not required for a recreational fire.
[Ord. No. 558, 3/4/2015]
1.
Permit Required. A permit application shall be submitted to the Code
Enforcement Department and no fire shall be kindled or started until
such permit is approved and issued.
2.
Application for such approval may be made by the property owner or
authorized agent.
3.
Approved burn permits issued by the Code Enforcement Department shall
be valid for a period of one week. All burn permits shall expire at
the end of the week issued.
4.
The property owner, person, or agent making the request for a burn
permit shall be responsible for insuring that the Township's
written authorization permit is picked up, received by, or in hand,
by the persons or agents who will be conducting the open burning at
least one working day prior to the day the proposed open burning is
to take place.
5.
Application. Each applicant shall provide, in writing, the following
information as a minimum:
6.
Permit. The issued burn permit shall document the following:
7.
Permit Fees. Applicants for open burning permits shall pay the permit
fee, if any, at the time of application to the Code Enforcement Department.
The permit fee shall be in the amount designated from time to time
by resolution by the Board of Commissioners of Lower Swatara Township.
8.
Permit Responsibility. The responsibility for complying with this
Part rests with the person or persons to whom the permit is issued
by the Code Enforcement Department.
9.
Appeal. Any request for authorized outdoor open burning which is
denied by the Code Enforcement Department or designated official,
or for special requests which cannot comply with provisions of this
Part, may be appealed in writing to the Board of Commissioners.
10.
Suspension or Revocation. The Code Enforcement Department shall suspend
or revoke any permit issued under the provisions of this Part whenever
the permit is issued in error or on the basis of incorrect information
supplied, any false statement or misrepresentation of fact in the
application or any violation of this Part.
11.
Burn Ban. In the event Dauphin County or the Commonwealth of Pennsylvania
issues a burn ban, no new permits shall be issued by the Township.
Individuals with existing burn permits will be contacted with the
information that their permit has been revoked due to the burn ban.
[Ord. No. 558, 3/4/2015]
2.
It shall be the responsibility of the person or agent conducting
any authorized open burning to be knowledgeable of the requirements
of this Part, DEP rules and regulations, EPA rules and regulations,
and any other applicable rules and regulations and so comply.
3.
Outdoor open burning or outdoor burning in approved containers, except
approved bonfires, shall be done only during hours of daylight, and
between the hours of 8:00 a.m. to 5:00 p.m.
4.
Open burning is not permitted on any Sunday, or any time on New Year's
Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving
Day, or Christmas.
5.
The person or agent conducting the open burning must notify Dauphin
County Dispatch Center and adjoining property owners prior to beginning
or lighting of the proposed open fire.
6.
No authorized open burning shall take place less than 25 feet from
an adjoining property line; 100 feet for an uncontained brush pile
associated with farming operations.
7.
No authorized open burning shall take place within 50 feet of a building
structure on the property on which the burning is to take place. Uncontained
brush piles associated with farming operations shall be a minimum
of 150 feet from the nearest structure on the property.
8.
No authorized open burning shall be conducted within 100 feet of
a habitable or occupied dwelling on an adjoining property. Uncontained
brush piles associated with farming operations shall be a minimum
of 200 feet from the nearest habitable or occupied structure on an
adjoining property.
9.
The responsible person or agent conducting the burning shall be present
at the burn site at all times and equipped to confine and control
the fire.
10.
The fire must be extinguished completely before the responsible person
leaves the burning site and no person has the intention of returning
thereto.
11.
Special Requirements for Bonfires.
A.
Requests for conducting bonfires must be in writing and be received
by the Code Enforcement Department at least 10 working days prior
to the date of the proposed bonfire.
B.
Bonfires shall be exempted from the restrictions as to day of the
week and hours listed in this Part if so approved in the burn permit.
C.
A bonfire shall be no more than five feet by five feet by five feet
in dimension, and shall burn no more than three hours. Fuel for a
bonfire shall consist only of seasoned dry firewood and be ignited
with a small quantity of paper. The fire shall not be used for waste
disposal purposes.
D.
The authorizations shall be issued only when it can be reasonably
demonstrated that such fires and spectators will be controlled by
responsible persons or officials.
E.
The Code Enforcement Department may place additional restrictions
or conditions on the authorization for a bonfire or authorized open
burning as may be warranted by any special circumstances for the proposed
fires.
[Ord. No. 558, 3/4/2015]
1.
An appliance or device used for outdoor burning approved by and listed
by a recognized testing agency, which is installed and used in accordance
with the listing and manufacturer's instructions. The use of
such appliances is limited to residential or small commercial use
not requiring a building permit for installation and approvals or
permits of other state and federal agencies, the installation of which
will be subject to applicable codes and regulations.
2.
An air curtain destructor for the burning of clearing and grubbing
waste shall be used in accordance with Department of Environmental
Protection Regional Air Quality Program requirements, and shall have
written approval from the DEP.
3.
An approved brush pile associated with farming operations. The brush
pile shall not be so large as to be uncontrollable or difficult to
extinguish should the need arise. A competent individual shall remain
at the fire location for the duration of the burning with the means
to extinguish the fire readily available should the need arise. Brush
piles shall be positively confirmed to be extinguished before the
requirement for the presence of a competent individual at the fire
site is terminated.
4.
Outdoor Fireplaces. Outdoor fireplaces constructed and generally
intended for recreational use, as defined in this Part, for residences
and small commercial application, may be considered as approved for
contained burning under this section. Such fireplaces shall have an
essentially contained fire chamber in which all burning takes place
and a flu or chimney through which exhaust, gas, smoke and emissions
escape. The flue or chimney must have a spark arrester or screen covering,
if said chimney or flue is of insufficient length or such construction
as to prevent the emissions of sparks and ash. A screen covering will
be required over any fire chamber which has an open top surface which
may allow spark and ash emission.
5.
Other Approved Containers: chimineas, copper basins, coffee table
fire pits, and other containers sold for use with small fires for
social purposes. The term also includes charcoal, propane, or gas
grills intended for cooking.
6.
For the burning of yard waste, an adequate container is recommended
but not mandatory. An uncontained burn of yard waste shall not be
so large as to be uncontrollable or difficult to extinguish should
the need arise.
[Ord. No. 558, 3/4/2015]
1.
Any outdoor or open fire which, for any reason, is in violation shall
be extinguished immediately by the person or agent in attendance or
responsible for the fire.
2.
The Fire Official may order the immediate extinguishment of any outdoor
or open fire which is in violation of any provisions of this Part,
or which is creating a hazard to life and property, whether or not
a specific violation exists. Said official may take any prudent action
to extinguish or cause the extinguishment of any outdoor fire in order
to protect life and property. The failure of any person or agent to
take action to extinguish a fire, when so ordered by a legally designated
official, shall constitute a distinct and separate violation of this
Part, regardless of any other violations which may exist.
[Ord. No. 558, 3/4/2015]
Any person, firm, or corporation who shall violate any of the provisions of this Part shall be subject to the provisions of § 7-401, Penalties.
