Township of Penn, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Penn 1-15-1996 by Ord. No. 662. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 63.
Dangerous buildings — See Ch. 67.
Fire insurance claims — See Ch. 92.
Junk dealers and junkyards — See Ch. 104.
Parks and recreation - See Ch. 115.
Solid waste — See Ch. 138.
Streets and sidewalks — See Ch. 150.
Subdivision and land development — See Ch. 156.
Zoning — See Ch. 190.
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ATTENDED WATER SUPPLY
A water supply with an individual present at all times during the burning of a fire, who shall have a sufficient supply of water to extinguish the burning.
BANK HOLIDAY
A period when banks in general are closed for a legal holiday.
BOARD OF COMMISSIONERS
The Board of Commissioners of the township.
BUILDING MATERIALS
All materials incidental to construction or remodeling of buildings, including but not limited to shingles, asbestos, Styrofoam, wire, insulation and treated wood, but not including untreated wood.
BURNING BARREL OR CONTAINER
An above-ground metal barrel, drum or masonry structure which shall have a metal lid to prevent debris from escaping into the air. A burning pit or earthen hole shall not be deemed a container.
DEMOLITION PROJECT
The destruction of a dwelling or building on site.
FURNACE
Any enclosed device specifically designed for burning any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.
LAND DEVELOPMENT
The improvement of one or more lots, tracts or parcels of ground for any of the following:
A. 
A group of one or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure;
B. 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other feature; or
C. 
A subdivision of land.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
PERSON
Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly inflammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATIONS
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.
TRADE WASTE
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 the mining or preparation of coal.
A. 
All outdoor burning and fires are expressly prohibited, except as may be authorized under the terms hereof.
B. 
Any burning permitted by the terms of this chapter shall only be those items or materials owned by the property owner or generated on the property by said property owner or resident. No person shall burn any items or material on behalf of any other individual for either a fee or gratuitously, nor shall any person bring upon the property of another any materials or items allowed to be burned pursuant to the terms of this chapter for the purpose of burning said items on another person's property.
C. 
A permit issued by the Zoning Officer of the Township of Penn or his designated agent shall be required for all outdoor burning and fires for all categories of this section, except as set forth in this chapter.
D. 
The Board of Commissioners of the Township of Penn shall, from time to time, by resolution, adopt and authorize a permit form and schedule of fees to be imposed for the issuance of permits hereunder.
E. 
No person or persons shall set or maintain any outdoor burning or fires upon the paved portion of any street, alley or public ground in the Township of Penn.
F. 
No person or persons shall knowingly maintain a fire hazard on any property within the Township of Penn.
G. 
No person or persons shall deliberately, knowingly, carelessly or negligently set fire to or cause the burning of any material in such manner to endanger the safety of any person or property.
In all areas zoned R-1, R-2, R-3 and R-4, the following regulations shall apply:
A. 
All outdoor burning or fires in areas of residential dwellings shall be limited to the burning of paper products, newspaper and yard waste, excluding leaves, grass and building materials as defined herein, during the hours of 9:00 a.m. to 6:00 p.m. on Tuesdays, Wednesdays, Thursdays and Fridays, and on Saturdays from 9:00 a.m. to 12:00 noon; provided, however, that in the event that a bank holiday occurs on any of the aforesaid days, burning on said bank holiday shall be specifically excluded.
[Amended 9-17-2007 by Ord. No. 840]
B. 
All outdoor burning or fires in areas of residential dwellings shall be controlled in a container or appropriate burning barrel and shall have an attended water supply or equal extinguishing agent throughout the duration of burning.
C. 
No person or persons shall set or maintain any outdoor burning or fires closer than 10 feet to any property line.
D. 
No person or persons shall burn or cause to be burned any garbage, rubber, tires, paint, animal waste, plastics, diapers, toxic materials or any other matter consisting of rubbish, trade waste, refuse or garbage as defined by this chapter.
E. 
Outdoor fireplaces, grills, fire pits, and stone rings used solely for recreational purposes shall be exempt from these regulations, except that all such fires shall be totally extinguished no later than 12:00 midnight on the day in which the outdoor fire is ignited.
[Amended 7-16-2007 by Ord. No. 836; 9-17-2007 by Ord. No. 840]
F. 
Bonfires for amusement purposes shall be permitted only upon the specific approval of the Zoning Officer of the Township of Penn.
G. 
All fires shall be totally extinguished by 6:00 p.m. to ensure that there is no smoke or smoldering of said fire. Bonfires for amusement purposes as permitted under Subsection F above shall be required to be extinguished no later than 12:00 midnight on the day in which the bonfire is ignited.
[Amended 7-16-2007 by Ord. No. 836]
H. 
No permit shall be required for any of the above burning other than the bonfires for amusement purposes.
In all areas zoned B-1 and B-2, M-1 and M-2 within the Township of Penn, the following regulations shall apply:
A. 
All outdoor burning or fires on commercial properties shall be limited to the burning of the following items: paper products, newspapers, yard waste (excluding leaves and grass) and wood; provided, however, that in the event that a bank holiday occurs on any of the aforesaid days, burning on said bank holiday shall be specifically excluded. Said outdoor burning or fires shall be limited to the hours of 9:00 a.m. to 6:00 p.m. on Tuesdays, Wednesdays, Thursdays and Fridays, as tolerated, and on Saturdays during the hours of 9:00 a.m. to 12:00 noon, as tolerated; provided, however, that in the event that a bank holiday occurs on any of the aforesaid days, burning on said bank holiday shall be specifically excluded.
B. 
All outdoor burning or fires in said commercial properties shall be controlled in a contained area and shall have an attended water supply or equal extinguishing agent throughout the duration of the burning.
C. 
No person or persons shall set or maintain any outdoor burning or fires closer than 10 feet to any property line, except as may be otherwise authorized by the Zoning Officer of the Township of Penn.
The following rules and regulations shall apply in all areas which are zoned agricultural (A-1) within the corporate limits of the Township of Penn:
A. 
All outdoor burning or fires in agricultural areas shall be limited to the hours of 9:00 a.m. to 6:00 p.m. during any Tuesday, Wednesday, Thursday, Friday or Saturday; provided, however, that in the event that a bank holiday occurs on any of the aforesaid days, burning on said bank holiday shall be specifically excluded.
B. 
There shall be no restrictions as to the type of material which may be burned in an agricultural area, with the exception that building materials, tires, garbage and rubbish shall not be burned.
C. 
Nothing contained herein shall regulate or restrict the reasonable and safe use of outdoor burning or fires by any person or persons for or incidental to any valid agricultural purpose within the Township of Penn.
A. 
All outdoor burning or fires at areas of land development containing a minimum of five acres, for the purpose of clearing the property and removal of vegetation and other debris, shall be permitted during the hours of 9:00 a.m. to 6:00 p.m. Tuesday through Friday, provided that a permit is obtained from the Zoning Officer of the Township of Penn; however, in the event that a bank holiday occurs on any of the aforesaid days, burning on said bank holiday shall be specifically excluded.
B. 
All proposed outdoor burning or fires for land development as defined herein shall only be permitted after having obtained a permit from the Township of Penn for a fee as set from time to time by resolution of the Board of Commissioners. Said permit shall be obtained from the Zoning Officer of the Township of Penn no less than 24 hours prior to the commencement of said outdoor burning or fires.
[Amended 11-24-1997 by Ord. No. 689]
C. 
All outdoor burning or fires at areas of land development shall be controlled and managed in a contained area with an attended water supply or equal extinguishing agent throughout the duration of the burning.
D. 
All outdoor burning or fires permitted hereunder shall be promptly extinguished at 6:00 p.m., and there shall be no smoldering or smoke emitted from said burning after said hour.
E. 
No person or persons shall set or maintain any outdoor burning or fires closer than 10 feet to any property line, except as may be otherwise authorized by Chapter 190, Zoning.
A. 
All outdoor burning or fires at areas of salvage operations as defined by this chapter shall be prohibited.
B. 
All outdoor burning or fires at demolition projects as defined herein shall be limited to 9:00 a.m. to 6:00 p.m. Tuesday through Friday and as authorized by the Zoning Officer of the Township of Penn. A permit shall be obtained at a cost as set from time to time by resolution of the Board of Commissioners.
[Amended 11-24-1997 by Ord. No. 689]
C. 
All outdoor burning or fires at demolition projects shall be controlled and managed by the use of a properly utilized air current destructor with a fire pit and shall have an attended water supply or equal extinguishing agent throughout the duration of the burning.
D. 
No person or persons at a demolition project shall burn or cause to be burned any garbage, rubber, tires, paint, animal waste, plastics, diapers, hazardous or toxic materials, trade waste, rubbish, refuse or garbage, except as herein provided.
No person shall set or maintain any outdoor burning or fires during the construction or remodeling of any structure within the Township of Penn; provided, however, that during the months of November through April of each year, a heating barrel no greater than 55 gallons may be used solely for the purpose of heating water for the construction project; when burning is allowed, no building materials, as defined herein, nor garbage, rubber, etc., shall be allowed.
A. 
Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
(1) 
The prevention of a fire hazard which cannot be abated by any other means; or
(2) 
The protection of public health.
B. 
Upon obtaining a permit at no cost from the Zoning Officer of the Township of Penn, any volunteer fire department may burn a structure for the purpose of practice, provided that said burning activity is a controlled burning activity and supervised by the volunteer fire department so permitted.
[Amended 11-24-1997 by Ord. No. 689]
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs, and in default of payment thereof to imprisonment for a term not to exceed 30 days.