[HISTORY: Adopted by the Board of Supervisors of the Township
of West Goshen 3-25-1998 by Ord. No. 3-1998; amended in its entirety 10-19-2021 by Ord. No.
13-2021. Subsequent amendments noted where applicable.]
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
A building containing three or more apartment dwelling units
separated by party walls, one or more of which dwelling units may
be located from ground to roof, and common outside access and hallways,
intended to be owned by a single entity and used specifically for
residential purposes and originally constructed as such.
An outdoor fire used for ceremonial purposes that has a total
fuel area of five feet or less in diameter and three feet or less
in height and approved by the West Goshen Township Fire Marshal or
their designee.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging and rubble from construction, remodeling, repair
and demolition operations on a house, commercial or industrial building,
or other structure.
The space where materials are being burned.
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
smudge pots, road flares and similar devices associated with safety
or occupational uses typically considered open flames or use of patio
wood-burning units.
Burning in an approved fuel area.
A chimenea or other similar screened, stacked, enclosed portable
wood-burning device with a spark- or ember-arresting device used for
outdoor recreation and/or heating.
An outdoor fire that has a total fuel area of three feet
or less in diameter and two feet or less in height intended for recreation
or cooking but not intended for disposal of construction and demolition
waste, refuse or yard waste.
Any waste material except trees, logs, brush, stumps, leaves
and grass clippings.
A receptacle in which oil or another smoky fuel is burned
to protect an orchard from insects or frost.
A dwelling unit or garage.
Trees, logs, brush, stumps, leaves and grass clippings.
A.Â
Except as provided in § 31-2B, this chapter applies to all outdoor burning and open burning within the Township.
B.Â
This chapter shall not apply to the following:
(1)Â
Grilling or cooking food using charcoal, wood, propane or natural
gas in cooking or grilling appliances.
(2)Â
Burning for the purpose of generating heat in a stove, furnace, fireplace
or other heating device within a building used for human or animal
habitation.
(3)Â
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
(4)Â
Field fires to clear land when approved by the Fire Marshal. An operational
permit shall be obtained from the Fire Marshal in accordance with
the International Fire Code prior to conducting such activity.
(5)Â
Fires for training purposes for the demolition of a fire hazard under
the supervision of the Fire Marshal. An operational permit shall be
obtained from the Fire Marshal in accordance with the International
Fire Code prior to conducting such activity.
A.Â
Unless exempted under § 31-3C herein, It is unlawful to burn or to authorize another person to burn any materials, natural or man-made, including but not limited to leaves, twigs, trees, brush, lumber, building materials, construction and demolition waste, municipal waste, recyclable materials and any commercial or industrial by-product waste materials of any kind, outdoors anywhere within West Goshen Township unless otherwise exempted.
B.Â
Open burning shall be prohibited when atmospheric conditions or local
circumstances make such fire hazardous as determined by the West Goshen
Township Fire Marshal or their designee.
C.Â
It shall be unlawful for any person to light or attempt to light
or to cause, permit or authorize another to light or attempt to light
or otherwise kindle any outdoor fire when a ban on such fires has
been publicly announced by the Commonwealth of Pennsylvania, Chester
County or Township Supervisors or their authorized representatives
in a time of drought.
D.Â
The following outdoor and open burning designations shall be exempt
from this section when approved by the West Goshen Township Fire Marshal
or his/her designee:
E.Â
Recreational burning shall be prohibited on balconies and patios
outside of individual apartment dwelling units in an apartment building.
A.Â
Patio wood-burning units shall be located at least 15 feet from any
structure or property line. Patio wood-burning units shall not be
placed directly on a combustible surface while in use.
B.Â
Recreational campfires shall be located at least 25 feet from any
structure, property line or combustible material.
Recreational campfires, bonfires and the use of patio wood-burning
units shall be constantly attended by a responsible adult until the
fire is extinguished. A minimum of one portable fire extinguisher
complying with Section 906 of the International Fire Code with a minimum
4-A rating or other approved on-site fire-extinguishing equipment,
such as dirt, sand, water barrel, garden hose or water truck, shall
be available for immediate utilization.
Any fire on public or private property may be extinguished by
the local fire company having jurisdiction, either with or without
the consent of the landowner or person in charge, if, in the opinion
of a police officer, fire personnel, Fire Marshal or the Codes Enforcement
Officer or his designee, such fire constitutes a danger to persons
or property.
Any person who violates or permits the violation of any provisions
of this chapter shall, upon conviction thereof 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 subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment in the county prison for
a term of not more than 30 days. Each section or provision of this
chapter that is violated shall constitute a separate offense, and
each day or portion thereof in which a violation of this chapter is
found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice of not less than $100 and not more than $1,000, plus the costs
of prosecution, or upon default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of
not more than 30 days. All fines and penalties collected for the violation
of this chapter shall be paid to the Township Treasurer.
