[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter 6-25-2007 by Ord. No. 638;[1] amended in its entirety 9-10-2018 by Ord. No. 806. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 150.
Fire prevention — See Ch. 177.
Solid waste — See Ch. 316.
Zoning — See Ch. 390.
[1]
Editor's Note: This ordinance also repealed
former Ch. 136, Burning, Open, adopted 8-23-2004 by Ord. No. 576,
as amended.
For the purposes of this chapter, the following terms shall
be defined as set forth below, unless a different meaning is plainly
required by the context.
Fire Code Official, police officer or Code Enforcement Officer.
Bushes, shrubs, thickets, tree trimmings, hedge clippings
and small trees.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Material derived or formed from inanimate objects, other
than vegetable, such as tin cans, glass crockery, metals, plastic
and similar materials.
Burning any material in the open atmosphere, including burning
in fifty-five-gallon drums, outdoor fireplaces or other containers.
Material derived from living organisms such as wood, paper
and yard scraps.
Any natural person, partnership, firm, association or corporation.
Any material that is required to be recycled in Exeter Township
under the Pennsylvania Act 101,[1] including scrap lumber (nontreated/painted) and brush.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
It shall be unlawful for any person to open burn any material, including
the following at any time in any zone within Exeter Township: household
trash, books, magazines, newspapers, cardboard and/or any items that
are required to be recycled in Exeter Township under the Pennsylvania
Act 101,[1] including leaf waste and scrap lumber or any vegetation,
plywood, drywall, plastic products, insulation material, upholstered
furniture, garbage, dead animals, human and animal excrement, human
and animal hair, rubber products including tires, hydrocarbon products
or flammable liquids, asphalt or tar shingles or roofing materials,
bedding, foam rubber, nylon, rayon, cotton, wool, polyester or other
synthetic material, insulation from copper or other wiring, solid
waste and/or construction waste as defined by the Pennsylvania Solid
Waste Management Act[2] and 25 Pa. Code § 271.1, except where fire or
burning operations result from:
(1)
Any fire set for the purpose of training and instructing authorized
personnel in firefighting, and training of persons in the use of portable
fire extinguishers (permit required).
(2)
Any campfire or bonfire solely for organized recreational or ceremonial
purposes (permit required).
(3)
Any fire set for the prevention and/or control of disease of pests,
rats, snakes, bees, etc. (permit required).
(4)
The burning of only brush, exclusively for agricultural management
and conservation practices and protection, and provided burning is
located 100 feet or more from any building or structure. Brush must
originate from the same property (first full weekend of the month,
permit required).
(a)
Burning is permitted from 6:00 a.m. to 6:00 p.m. on Saturday
and Sunday. No burning or smoldering shall occur outside of the above-stated
hours.
B.
The AHJ may suspend the above regulations at any time when the following
conditions exist:
Outdoor fireplaces and charcoal grills shall be permitted upon
private property within Exeter Township solely for the purpose of
cooking foods. The following regulations shall apply:
A.
No person shall use such fireplaces or grills for burning of materials as outlined in § 136-2A of this chapter.
B.
Outdoor fireplaces or outdoor grills shall not be used for such purposes
other than cooking food.
C.
Outdoor grills shall not be used indoors or in any enclosed areas
that are not properly ventilated, i.e., garages, etc.
Outdoor patio stoves, chimneys, or factory-built metal novelty
stoves shall be permitted outside residential private property within
all zones of Exeter Township, provided that the following regulations
apply.
A.
No persons shall use such patio stoves, chimneys or factory-built novelty stoves for the burning of any material outlined in § 136-2A of this chapter.
B.
If smoke, ash, or smell emitting from such patio stoves, chimneys,
or factory-built novelty stoves becomes objectionable or offensive
to neighboring properties, the AHJ may suspend the operation of same.
Fireplaces and woodburning or coal stoves shall be permitted
inside residential private property within all zones of Exeter Township
solely for the purpose of heating the dwelling unit. The following
regulations shall apply:
A.
Only seasoned firewood, coal or solid fuels recommended by the manufacturer
may be burned in such fireplaces, woodburning or coal stoves or solid-fuel
heaters.
B.
No person may use such fireplaces, woodburning or coal stoves or solid-fuel heaters for the burning of any material as outlined in § 136-2A of this chapter.
C.
Such fireplaces, woodburning or coal stoves or solid-fuel heaters
shall not be used for such purpose when, in the judgment of AHJ, a
fire hazard is created by such use and operation and/or any danger
is posed to the occupants therein or the neighboring buildings and/or
occupants.
D.
If the smoke, ashes and/or smell emitting to the outside atmosphere
from the chimney, stove pipe or flue are objectionable or offensive
to the general public, the operation of such fireplace, woodburning
or coal stove or solid-fuel heater shall be suspended by the AHJ.
It shall be lawful to burn combustible rubbish and materials
within Exeter Township by means of an enclosed outdoor or indoor incinerator
operated by chemical or thermal means, provided the incinerator is
attached to a proper stack or chimney and complies with the current
Exeter Township ICC codes, and provided the following regulations
are adhered to:
A.
The incinerator shall be the type approved by an authorized representative
of the Pennsylvania Department of Health and the Pennsylvania Department
of Environmental Protection. Both of the above departments shall give
evidence of approval in written certification of inspection, and approval.
B.
All owners of property within Exeter Township on or in which there
exists an incinerator shall advise the Township office of such incinerator
and the location of the same.
Ashes, smoldering coals, wood and embers or other material liable
to spontaneously ignite shall not be deposited or allowed to remain
within 10 feet of any combustible materials, but shall be deposited
in noncombustible containers. Rubbish of any kind shall not be allowed
to accumulate.
All permits required under any provisions of this chapter shall
be issued in accordance with Section 105 of the International Fire
Code adopted by Exeter Township with the following provisions.
A.
A fire prevention "operational" permit shall be obtained from the
Township office a minimum of 48 hours prior to burning. The applicant
shall provide name, address, phone number, the purpose for the permit
and attach a drawing of the proposed burning site.
B.
Permits to burn the first full weekend of the month may be obtained
for a single month or for an entire calendar year. Other operational
permits must be obtained for each special event (i.e., bonfires, campfires
and cookouts).
C.
Before the permit is issued, an inspection may be made by the AHJ
to assure that the use of the permit complies with the provisions
of the chapter and the International Fire Code.
D.
Any permit issued may be revoked for the protection of life or property
or to prevent or abate the nuisances caused by such burning. (A nuisance
would be defined as ash fallout or smoke accumulation in the area
of residential occupancies.)
E.
If a person starts a fire without a permit or if a permit holder
fails to comply with any term or condition of the permit, and as a
result of that failure the Fire Department is required to suppress
a fire, the person or permit holder is liable for the cost of fire
suppression and subject to fines in District Court.
F.
Permit fees will be set from time to time by a duly adopted resolution
of the Board of Supervisors.
Any person violating any of the provisions of this chapter or
neglecting to comply with any order or notice issued pursuant hereto
for violation of any section hereto shall, upon conviction before
any District Justice, be subject to the payment of a fine of not less
than $300 nor more than $1,000, and the payment of costs of prosecution
for each offense, or shall be subject to imprisonment for a period
not exceeding 30 days. Each day's continuance of any violation
of this chapter shall constitute a separate offense, punishable by
a like fine and imprisonment in default of payment thereof.
Should a court of competent jurisdiction declare any section,
paragraph, clause or phrase of this chapter unconstitutional or invalid,
the remainder of said chapter shall not be affected thereby, and shall
remain in full force and effect.
All ordinances or parts of ordinances or resolutions conflicting
with the provisions of this chapter are hereby repealed to the extent
of such conflict.
