[HISTORY: Adopted by the Board of Supervisors of the Township of
Richland 3-6-1995 by Ord. No. 241. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Richland Township
Open Burning Ordinance."
As used in this chapter, the following terms shall have the meanings
indicated:
An outdoor fire used for ceremonial purposes.
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.
Any liquids having flash points at or above 100º F.
Subject to easy ignition and rapid-flame combustion.
Any liquid having a flash point below 100º F.
Any duct, passage, stack, chimney or conduit permitting air contaminants
to be emitted into the open air.
The animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
That property of a substance which affects the sense of smell.
The burning of any materials wherein products of combustion are emitted
directly into the ambient air without passing through a stack or chimney from
an enclosed chamber. For the purpose 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 gas are open.
Any individual, partnership, association, syndicate, company, firm,
trust, corporation or other entity recognized by law as the subject of rights
and duties, including any governmental agency.
An outdoor fire which is used to cook food for consumption.
Rubbish.
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 too highly flammable or explosive, including
but not limited to rags, old clothes, garden residue, tree trimmings, tree
branches, untreated wood excelsior, nonrecyclable paper, nonrecyclable cardboard,
and shrubbery and other similar combustible materials that will ignite through
contact with flames or ordinary temperatures.
Extremely small solid particles produced by incomplete combustion
of organic substance and includes but is not limited to fly ash, tarry matter,
unburned gases, soot or carbon and gaseous combustion products.
Anything constructed or erected that requires location on the ground
or attachment to something having location on the ground.
It shall be unlawful to build or kindle fires on either private or public
property in Richland Township, Cambria County, Pennsylvania, except in strict
conformity with the regulations of this chapter and other local, federal or
state law, as amended.
A.
It shall be lawful to build or kindle a fire, subject
to obtaining the permit(s) provided for herein, to the following material
within a Residential or University Zoning District:
(1)
Rubbish.
(2)
Any fire set for the purpose of burning domestic refuse,
when the fire is on the premises of any structure occupied solely as a dwelling
by two families or less and when such refuse results from the normal occupancy
of said structure.
(3)
Brush, trees and similar cuttings removed in the course
of cleaning a lot or parcel of ground for the purpose of selling the timber
or providing space for the erection of a building or other similar structure
or use permitted under the applicable ordinances of Richland Township.
B.
It shall be lawful to build or kindle a fire, subject
to obtaining the permit(s) provided for herein, to the following material
within a Commercial, Manufacturing and Light Industrial Zoning District:
(1)
Any fire set for the purpose of burning domestic refuse,
when the fire is on the premises of any structure occupied solely as a dwelling
by two families or less and when such refuse results from the normal occupancy
of said structure.
(2)
Brush, trees and similar cuttings removed in the course
of cleaning a lot or parcel of ground for the purpose of selling the timber
or providing space for the erection of a building or other similar structure
or use permitted under the applicable ordinances of Richland Township.
(3)
Rubbish.
C.
It shall be unlawful to build, support, start, accelerate
or kindle a fire, with or without a permit, of the following materials:
(1)
Rubber-based materials; natural or synthetic.
(3)
Foam materials.
(4)
Roofing shingles and materials.
(5)
Garbage.
(6)
Flammable and combustible liquids.
(7)
Materials that may explode or release toxic materials.
(8)
Batteries.
(9)
Compostable leaves and grass.
(10)
Asbestos-containing materials.
(11)
Plastic and vinyl materials.
(12)
Chlorine.
(13)
Paint.
(14)
Grease, oil and other petroleum products.
(15)
Upholstered furniture.
(16)
Aerosol containers.
(17)
Disposable diapers (Pampers, etc.).
(18)
Hazardous materials.
(19)
Creosote and materials treated with creosote.
(20)
Treated wood products.
(21)
Fiberglass.
(22)
Human and animal waste.
(23)
Other materials prohibited by local, state and federal
regulations, as amended.
(24)
Other materials adopted by resolution by the Richland
Township Supervisors, as amended.
D.
Nothing herein shall be construed to permit or encourage
the burning of any substance determined by the Commonwealth of Pennsylvania
or the Environmental Protection Agency to be a hazardous substance; nor shall
any fire be permitted to burn by any person if such burning is in violation
of the Air Pollution Control Act[1] or other legislation of the Commonwealth of Pennsylvania or the
United States of America or any other component body.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
A.
The permit criteria establishing the hours, type, fee,
general regulations, days and other items deemed necessary by Richland Township
shall be established by Richland Township Supervisors by resolution, as amended.
B.
The permits shall be issued by the Township Codes Official or a duly authorized representative. The Township Codes Official or a duly authorized representative may refuse to issue the permit if, in his or her opinion, the contemplated fire(s) would create an undue risk of harm or damage to persons or property within the township, and said Codes Official, or a duly authorized representative, is authorized herein to attach such specific restrictions or precautions as are necessary and proper to ensure the safety of persons and property. The Codes Official or duly authorized representative is authorized herein to attach such specific restrictions or precautions as are necessary and proper under the regulations of Chapter 134, Fire Prevention, of Richland Township, as amended, and other local, state and federal regulations.
C.
The Police Department, Codes Official or a duly authorized
representative may revoke a permit to burn if, upon inspection, any violation
of this chapter exists or if any conditions of a permit have been violated,
or there has been any false statement or misrepresentation.
D.
An open burning permit is only applicable to the property
for which it was issued. Exception: When government entities require clearing
of land or rights-of-way for public improvement, when approved by the Codes
Official, this subsection does not apply, but the entity must acquire the
required permit and follow the regulations established in the permit and this
chapter.
E.
The permit holder and property owner shall be liable
for the costs of fire fighting, police and other services rendered to extinguish
an open-burning fire and costs of damage to others.
F.
An issued permit shall be readily available for inspection.
General regulations shall be as follows:
A.
All open burning activities shall be attended by a responsible
adult being present at all times.
B.
All open burning fires shall not be permitted to burn,
smolder or emit smoke, flames, odor, heat and other forms of combustion during
unapproved days and hours established by the permit. The permit holder is
also responsible to ensure that the fire is maintained extinguished.
C.
No person may transport or carry onto any zoning district
any material, rubbish or waste to be burned which originates from outside
of the property owner's property.
D.
All open burning shall be conducted in a safe manner
and be kept under control at all times. Precautions shall be taken to ensure
that the fire does not spread.
E.
Open burning shall not be conducted that will be offensive
or objectionable due to smoke or odor emissions when atmospheric conditions
or local circumstances make such fires hazardous. This includes but is not
limited to wind, humidity and drought.
F.
Upon completion of open burning activities, all debris
shall be removed and disposed of properly.
G.
Open burning shall not be less than 20 feet from any
structure and be not less than 20 feet from any property lines. Exception:
The Township Codes Official or duly authorized representative is authorized
to decrease the required distances, upon cause shown.
H.
No person shall cause, suffer or permit any open burning
operation whatsoever if said open burning operation is contrary to 129.14
Chapter 129 of Title 25, Rules and Regulations, of the Department of Environmental
Protection, which are incorporated herein by reference.
I.
Fire-extinguishing devices shall be readily available.
J.
No open burning shall be permitted in a public right-of-way.
K.
No garbage or offal may be burned at any time either
indoors or out-of-doors.
L.
In the event that the fire gets out of control, the Fire
Department shall be contacted immediately.
M.
No person shall use an open burning operation as a method
of salvaging any product or material.
N.
Other general regulations established by resolution by
Richland Township Supervisors.
A.
Outdoor fireplaces, barbecue pits, charcoal burners,
recreational fires and propane gas burners are permitted if used for cooking
only and are not used to circumvent the intent and prohibitions of this chapter;
and:
B.
Schools and bona fide social and recreational organizations are permitted, at the time authorized by the Township Codes Official or a duly authorized representative, upon obtaining a permit as provided for in § 105-4, to make a bonfire for use in conjunction with an organization-sponsored pep rally or similar function and are exempt from paying the permit fee; and:
(1)
Said fire shall be extinguished after use.
(2)
The Codes Official or a duly authorized representative
is permitted to attach requirements necessary to ensure safe conduct.
(3)
Application for said shall be made 10 days before the
fire is set and shall be in such form and contain such information as required
by the Codes Official. Such application shall contain, as a minimum, information
regarding the purpose of the proposed burning; the nature and quantities of
material to be burned; the date when such burning will take place; and the
location of the burning site.
A.
The site of the fire shall be controlled so as to prevent
endangerment to property or person. The site shall be chosen that is as far
away as possible from occupied dwellings.
B.
No clearing and grubbing wastes from another site may
be burned.
C.
Said fire shall require a permit and follow the requirements
established in the permit and this chapter.
D.
The Codes Official or a duly authorized representative
is permitted to attach requirements necessary to ensure safe conduct.
The provisions of this chapter shall not apply to fires created by a
duly authorized fire company of the township for the purpose of training or
testing of equipment.
The Codes Official shall be authorized to designate a form of application
and permit to be used by the township.
A.
The Richland Township Police Department and Codes Official
or a duly authorized representative are authorized to enforce this chapter
and shall order the extinguishment, by the permit holder or the Fire Department,
of any open burning which creates or adds to a hazardous or objectionable
situation and/or is in violation of this chapter.
B.
No person shall in any manner hinder, delay, obstruct,
resist, prevent or in any way interfere with the Police Department and/or
Codes Official or duly authorized representative in the performance of their
duty hereunder, or refuse such personnel, after proper identification, entrance
at reasonable hours to any premises. If such entry is refused, the Codes Official
and/or Police Department shall have recourse to every remedy provided by law
to secure entry.
C.
No person shall fail, neglect or refuse to comply with
any verbal or written abatement notice served on such person either personally
or by registered or certified mail issued by the Police Department and/or
Codes Official or a duly authorized representative. Such notice shall set
forth a violation of this chapter and a time within which the violation is
to be abated.
D.
Any person aggrieved may appeal to the Richland Administrative Board of Appeals any decision or interpretation of the respective Codes Official, duly authorized representative or police officer of Richland Township pursuant to the provisions of Chapter 6, Administrative Board of Appeals, as amended.
E.
If the notice of violation is not complied with within
the time specified by the Codes Official, the Codes Official shall request
the legal counsel of the jurisdiction to institute the appropriate legal proceedings
to restrain, correct or abate such violation of the provisions of this chapter
or any order or direction made pursuant thereto.
F.
In all enforcement proceedings brought by the township
to seek compliance with the requirements of this chapter, the township may
recover reasonable attorney's fees, costs and expenses.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a District Justice
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.
In addition to the penalties for above, any violation of this chapter
which requires the services of a fire department within the geographic limits
of Richland Township to respond to control or put out a fire shall result
in the property owner paying a reasonable fee to said fire company(ies) for
the services rendered. Further, each fire company within the geographic limits
of Richland Township is hereby authorized to charge a reasonable fee to reimburse
it for costs incurred in sending fire apparatus and personnel to control or
put out a fire in violation of this chapter.
