This chapter shall be known and may be cited as the "Hanover
Township Burning Ordinance."
This chapter is adopted for the purpose of promoting public
health, life, safety, morals, welfare, peace, decency, and reasonable
and comfortable use of property, and the tranquility of the community
of the Township of Hanover, County of Northampton, Commonwealth of
Pennsylvania, and to prohibit the burning or incineration of materials,
whether animal, vegetable or otherwise within the Township of Hanover.
Except as hereinafter provided, no person, firm, corporation,
business entity, industry or other association shall cause, allow,
permit, conduct or maintain outdoor or open burning of any kind, including
the burning of any solid waste, recyclable materials, and leaf waste,
as defined in Act 101, known as "the Municipal Waste Planning, Recycling
and Waste Reduction Act of 1988," as same may be amended from time
to time.
All fires conducted under the provisions of this Section shall
be constantly attended by an adult, 18 years of age or older, until
the fire is extinguished. A minimum of one portable fire extinguisher
with a minimum 4-A rating or other approved on-site fire extinguishing
equipment, including but not limited to dirt, sand, water barrel,
garden hose or water truck, shall be available for immediate utilization.
A. A fire set to prevent or abate a fire hazard.
B. Burning shall be permitted for the purpose of instructing personnel
in fire-fighting and for exhibitions. Such activity shall meet current
National Fire Prevention Association (NFPA) standards for this type
of activity.
C. A fire set for the prevention and control of disease or pests as
authorized by the Board of Supervisors of the Township.
D. Farming. Following proper written notification, in advance, to the
Township Manager or his designate, open burning shall be permitted
in conjunction with the production of agricultural commodities in
their unmanufactured state on the property of a farm operation.
E. Cooking. Burning of coals or small, contained fires for the purpose
of cooking or preparing food for human consumption is permitted when:
(1) The cooking unit is located no less than 15 feet from any combustible
materials;
(2) Cooking units are not located on balconies or porches of apartment
units exceeding one story above ground level; and
(3) Such activity is conducted in a safe manner and is not prohibited
by any other Township or state regulation or statute.
F. Recreational. Following proper written notification, in advance,
to the Township Manager or his designate, burning shall be permitted
for recreational and ceremonial purposes, (i.e., bonfires and camp
fires) if such burning is conducted in a safe manner in a place where
open fires are otherwise permitted and such burning is under the direct
supervision of an adult until such burning is completely extinguished.
Recreational fires shall not be conducted within 30 feet of a structure
or combustible material, nor shall the pile size exceed three feet
in diameter and two feet in height. The use of burn barrels is not
considered a recreational fire.
G. Use of chimneas or outdoor tables with fire pits shall be permitted,
provided that they are used exclusively for their intended purpose
and comply with the following:
(1) Only nontreated wood products may be burned;
(2) All containers shall have a screen cover on all openings and shall
have openings not larger than one-inch square to prevent flying ashes;
and
(3) All containers shall be located a minimum of 15 feet from any building
or structure.
H. Outdoor fireplaces and outdoor fuel burning appliances built pursuant
to a zoning and/or building permit shall be permitted if such burning
is conducted in a safe manner complying with all applicable Township
or state regulations, restrictions and ordinances.
The Township 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 provisions of this
chapter or by reason of conduct of any burning activity in compliance
with the terms and provisions of this chapter. The individual person
or party responsible for any such fire shall bear sole liability for
any damages caused as a result thereof.