[HISTORY: Adopted by the Board of Supervisors of the Township
of Hamiltonban 4-1-2003 by Ord.
No. 2003-01. Amendments noted where applicable.]
This chapter shall be known as the "Hamiltonban Township Burn
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any fire contained in an incinerator, fireplace or other
contained enclosure designed for outdoor cooking, or a fireproof container.
Any fire not included in the definition of "contained fire."
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 other than a furnace or an incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency or legal entity.
Garbage, rubbish and trade waste.
An individual 18 years 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 not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, ashes, furniture, tin cans, 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.
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.
All persons, prior to igniting any open burn, except a contained
fire shall contact the Adams County Department of Emergency Services
Communications Center at the nonemergency number, to register any
and all planned burnings prior to commencement of such burning. This
burning registration shall include structure(s) of any size, or the
planned burning of any material outside of an approved container,
by the initiator(s) thereof, and the initiator(s) shall notify the
Communications Center, indicating the proposed burning site (address),
size and type of burning, the responsible party's name and telephone
number.
B.
All fires shall be attended to at all times by a responsible adult
with readily available means of extinguishing the fire.
C.
Fire must be extinguished thoroughly, with no smoldering.
D.
No burning is allowed during a fire ban emergency, as proclaimed
by the Adams County Fire Marshal, Adams County Emergency Management
or Hamiltonban Township Board of Supervisors.
E.
Whenever the Fire Chief or the Fire Company line officer who is in
command of the scene finds that open burning is in violation of this
chapter, the command officer may order the owner or operator to take
corrective action in a manner satisfactory to the fire company, or
the Fire Chief or the Fire Company line officer who is in command
of the scene may order the owner or operator to allow access to the
land by the Fire Chief or his designee to take such action.
F.
It shall be lawful to set a fire in conjunction with the production
of agricultural commodities in their unmanufactured state on the premises
of the farm operation.
G.
It shall be lawful to set a fire for cooking food.
H.
It shall be lawful to set a fire solely for recreational and ceremonial
purposes and in accordance with the Township rules and regulations
as set from time to time.
I.
It shall be lawful to burn yard waste such as leaves, grass clippings,
garden residue, tree trimmings, chipped shrubbery, and other vegetable
matter.
J.
It shall be lawful to burn nonhazardous household waste items such
as paper, cardboard, wood, etc. These items shall burnt in and confined
to a noncombustible container covered with a screen of 1/2 inch or
smaller mesh, or with other suitable noncombustible cover, and shall
not be permitted closer than 25 feet to any building.
K.
It shall be unlawful to light, kindle, or maintain any fire out of
doors during the hours from sunset to sunrise, unless such fire is
confined to a safe, noncombustible container, fireplace or other noncombustible
receptacle or means of confinement, or unless it is maintained for
the purposes of warmth, cooking or a campfire, recreational and ceremonial
purposes, and commonly accepted farming practices.
A.
Burning of 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 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.
C.
Fires shall be used only to burn readily combustible materials.
The Board of Supervisors may declare a fire ban emergency in
Hamiltonban Township during a period of drought or other periods of
high fire risk to woodlands or property within Hamiltonban Township.
Upon the Board of Supervisors declaring a fire ban emergency, all
outdoor burning or fires shall be prohibited until the Board of Supervisors
lifts the ban. The Township shall publish a notice of 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 Zoning Officer, who
shall have the power to enforce the provisions of this chapter, or,
in the absence of the Zoning Officer, a Hamiltonban police officer.
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(s) who shall violate any of the provisions of this chapter
shall, upon conviction in a summary proceeding brought in the name
of the Township, before a Magisterial District Judge in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, be sentenced to pay a fine of not more
than $600, and the costs of prosecution and, in default of payment,
to imprisonment for a term of not to exceed 90 days, provided that
each day's violation of any of the provisions of this chapter shall
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:
|
Description
|
Fee Per Hour
|
|---|---|
|
Fire engine, Class A
|
$100/hr, 1st 4 hours
|
|
$50/hr after 1st 4
| |
|
Rescue/squad, medium to heavy duty
|
$100/hr, 1st 4 hours
|
|
$50/hr after 1st 4
| |
|
Aerial apparatus
|
$100/hr, 1st 4 hours
|
|
$50/hr after 1st 4
| |
|
Tanker
|
$100/hr, 1st 4 hours
|
|
$50/hr after 1st 4
| |
|
Brush unit/mini pumper/specialty unit/C and C unit
|
$75/hr, 1st 4 hours
|
|
$50/hr after 1st 4
| |
|
Air cascade unit
|
$60/hr, 1st 4 hours
|
|
$30/hr after 1st 4
| |
|
Quick response or medical assist vehicle
|
$50/hr, 1st 4 hours
|
|
$25/hr after 1st 4
| |
|
Ambulance or medic unit (BLS/ALS) {disposable supplies are billed
in addition to the hourly rate [if a transport(s) is made, it is billed
by the service.]}
|
$100/hr, 1st 4 hours
|
|
$50/hr after 1st 4
| |
|
PA state-certified hazardous
|
$200/hr, 1st 4 hours
|
|
Material response team (unless other rates are established under
current contract/agreement)
|
$100/hr after 1st 4
|
|
Any paid agencies, (i.e.: AC Dept. of Emerg. Svcs.)
|
$50 every hr/person; $1,500 max./24 hr. pd.
|
|
Air cylinders: SBCA refills (at fixed facility)
|
$5/cylinder (30 min.); $10/cylinder (60 min.)
|
|
Rescue tools
| |
|
(Air bags, mechanically $50/hour; tool-operated hammers, chisels,
hurst, jaws, etc.)
| |
|
Cellular phone (billed at actual cost)
|
Submit detailed bill
|
|
Bill consolidation fee
|
$200
|
(1)
All expendable items provided by those organizations shall be invoiced
at their actual replacement cost.
B.
All money collected as additional cost shall be turned over to the
appropriate fire company for services and equipment used. Within 30
days of the incident, the fire companies involved in the incident
shall turn over a statement of equipment used, as well as any other
cost so that the bill can be submitted to the Magisterial District
Judge office with the summary case for restitution. It shall be the
responsibility of the fire company to submit the itemized statement
to the Township so that it can be considered by the Magisterial District
Judge. If the fire company fails to submit the bill to the Township,
it shall lose the right under this chapter to recover such cost.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors that this chapter would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
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.
