[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Salford 7-7-1993 by Ord. No. 93-7. Amendments
noted where applicable.]
A.
Except as hereinafter provided, no person, firm, corporation,
business entity, industry or other association shall cause, allow,
permit, conduct or maintain outdoor burning of any kind.
B.
The burning of any recyclable materials, as defined in Chapter 95 (Garbage, Rubbish and Refuse), § 95-2 (Definitions), and leaf waste, as defined in Act 101, known as “The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988,”[1] shall be expressly prohibited at all times.
[Added 6-20-2002 by Ord. No. 2002-2]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
B.
Fire companies. 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 activity.
C.
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.
(3)
Such activity is conducted in a safe manner and is
not prohibited by any other regulation or statute.
D.
Recreational. Subsequent to proper notification, in
advance, to the Township Fire Marshal 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.
E.
Farming. Subsequent to proper notification, in advance,
to the Township Fire Marshal or his designate, open burning shall
be permitted in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of a farm operation.
G.
Department of Environmental Resources (DER) regulations.
All burning permitted by special exception under this section shall
comply with all applicable DER regulations.
[1]
Editor's Note: Former § 62-3, Permits; fees, as
amended, was repealed 2-3-2010 by Ord. No. 2010-2.
A.
Suspensions. Except for cooking, as set forth in § 62-2, no outdoor burning shall be permitted during any period of strong winds, thought or weather inversion (i.e., hazardous air quality conditions) or during/in any other situation deemed hazardous or objectionable by the Fire Marshal, his designate or a law enforcement officer.
[Amended 6-19-2003 by Ord. No. 2003-4; 2-3-2010 by Ord. No.
2010-2]
B.
Cancellations. If such hazardous or objectionable
conditions develop during a day when burning is being conducted, existing
permits may be canceled by the Fire Marshal, or his designate, and
a law enforcement officer. Upon notification that hazardous conditions
have developed and all burning is to be canceled, residents conducting
burning shall, as soon as possible following such notification, fully
extinguish all active fires, including embers thereof.
A.
Storage. It shall be unlawful for any person, firm,
corporation or other association to store or deposit ashes, smoldering
coals or embers, grease or oil substances, or other matter liable
to spontaneous combustion, within 10 feet of any wooden or plastered
wall, partition, fence, floor, lumber, hay or straw, shavings, rubbish
or other combustible material, except in metallic or other noncombustible
receptacles. Such receptacles, unless resting on the ground outside
the building, must be placed on a noncombustible surface and in every
case must be kept at least two feet from any wall or partition.
B.
Disposal. It shall be unlawful for any person, firm,
corporation or other association making, using, storing or having
charge or control of any trash, garbage, shavings, excelsior, rubbish,
sacks, bags, litter, hay, straw or other combustible material to fail,
neglect or refuse at the close of each day to cause all such material
to be removed from the premises or to be stored in a noncombustible
receptacle as described above.
C.
Exception. This provision shall not apply to the storing
of hay, straw, fodder and other materials which are stored pursuant
to a farming operation when such materials are stored in structures
especially intended for such storage (e.g., barns, etc.).
A.
Any person, firm or corporation, or the plural thereof,
who shall violate any of the terms or provisions of this chapter shall
be guilty of a summary offense and, upon conviction thereof in District
Court, be sentenced to pay a fine not exceeding $1,000 and the costs
of prosecution for each offense. In default of payment of any fine
or penalty imposed by a District Justice under the provisions of this
chapter, the person or persons may be committed to the Montgomery
County Correctional Facility for a period not exceeding 30 days.
B.
Each day a violation of this chapter is committed
shall constitute a separate offense and shall be punishable as such
hereunder.
C.
This section shall not preclude the Township from
any other remedy it may have at law or equity.
Ordinance No. 74-1, and appropriate amendments
thereto, including any other ordinance inconsistent herewith, are
hereby repealed.
The provisions of this chapter are severable,
and if any section, sentence, clause, part or provision hereof shall
be held illegal, invalid or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect or impair
the remaining sections, sentences, clauses, parts or provisions of
this chapter. It is hereby declared to be the intent of the Board
that this chapter would have been adopted if the illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.
