[HISTORY: Adopted by the Board of Supervisors of the Township of Fairview 8-28-2006 by Ord. No. 2006-3 (Ch. 7, Part 1, of the 1991 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
Fairview Township has provided an available alternative to open burning of yard debris through implementation of a curbside collection of yard waste and construction of a yard waste facility located within the boundary of Fairview Township and available to the residents. The purpose of this chapter therefore is to strictly regulate outdoor fires to promote the health, safety and general welfare of the residents and property owners of the Township of Fairview.
No person, either directly or indirectly, shall ignite, kindle or maintain any fire or authorize or permit any such fire to be ignited, kindled or maintained on any private or public street, alley, sidewalk, or on any private or public land within the Township of Fairview, York County, Pennsylvania, except as hereinafter provided.
No permit shall be required for any fire for which the sole purpose is to cook food, provided that said fire is confined in a fireproof container or fire pit or a fire that is contained within a fireproof container used as an outside fireplace.
A. 
A permit shall be required for the following types of fires:
(1) 
A fire set for clearing and grubbing waste.
(2) 
Bonfires or fires set solely for recreational purposes.
(3) 
Any controlled fire set by the Fairview Township Fire Department for the purpose of instructing personnel in firefighting.
B. 
A permit shall be applied for at least two business days but not more than 30 days in advance and shall be issued by the Code Enforcement Office in accordance with this chapter on a form prepared by the Township. The application shall be complete upon submission to the Township Code Enforcement Office of a completed form with the application fee that shall be set by the Board of Supervisors by resolution.[1] The permit shall specify the date on which the burning shall take place and may specify an alternative date. The burn dates set forth in the permit are the only dates for which burning under the permit is authorized.
[1]
Editor's Note: See Ch. A302, Fee Schedule.
C. 
Burning under a burn permit must comply with the following conditions:
(1) 
Permit holders shall use an air curtain destructor for a fire set for the burning of clearing and grubbing waste. Clearing and grubbing wastes shall mean trees, shrubs, and other vegetation that are cleared from land during or prior to the process of construction. An air curtain destructor is a mechanical device that forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particulate matter are contained. Use of an air curtain destructor may be waived where:
(a) 
The request for the waiver is contained in the application and indicated on the permit.
(b) 
The purpose of the clearing and grubbing is solely to prepare land consisting of 10 or more contiguous acres for agricultural use.
(2) 
The permit holder shall contact York County Control prior to starting the fire to inform them of the location of such fire.
(3) 
All permitted fires shall be 100 feet from any structure and shall be 100 feet from any property line.
(4) 
All permitted fires must be attended to at all times by a responsible adult with readily available means of extinguishing the fire.
(5) 
No such fire shall be started or allowed to burn before 7:00 a.m., prevailing time, or after dusk, Monday through Saturday. Burning is prohibited on Sundays.
(6) 
All such fires must be extinguished thoroughly with no smoldering.
No permitted fire shall be started or allowed to continue if the following conditions exist:
A. 
The wind and/or general weather conditions are such that ash, soot, burning embers or any other particles will be caused to blow, drift or otherwise cross beyond any property line, or any other area, whether private or public, where there exists the danger of starting a fire.
B. 
Fog, mist or any form of precipitation, or reduced visibility at ground level.
C. 
Where the emissions from the fire would interfere with visibility on any public or private street to include parking lots, parking garages, and any and all other private areas which are routinely traveled by motor vehicles.
D. 
When emissions from the fire constitute an actual or potential interference with the operation of any aircraft facility including, without limitation, interference with visibility on any flight path, runway or landing pad of any airport or heliport.
E. 
When emissions from the fire will interfere with the reasonable enjoyment of life or property damage to vegetation or property, or may be deleterious to human or animal health.
F. 
During such time that a dry-weather emergency is declared as described in § 101-6 or during a ban on burning instituted by any other governmental agency.
G. 
Burning of the following substances or items is prohibited:
(1) 
Paper, boxes, or any other recyclable product, rubbish, household trash, refuse, garbage or offal.
(2) 
Any material or waste that originates from outside the property where the burning is being conducted.
(3) 
Construction debris, plastics, by-products of manufacturing or processing operations or waste from commercial operations, petroleum products, tires.
(4) 
Hazardous wastes or residual wastes as defined by the Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(5) 
Recyclable materials as established in Chapter 247, Solid Waste, Article II, Collection of Garbage and Recycling.
H. 
This § 101-5 shall supersede and take precedence over the issuance of any permit and over any fire authorized under § 101-3 hereof, and all such fires shall be subject to the prohibitions contained in this section.
The Board of Supervisors, the Fairview Township Manager, the Fairview Township Assistant Manager, or the Fairview Township Chief of Police may declare a dry-weather emergency with or without consultation with officials of the Fairview Township Fire Department during periods of drought or other periods of high fire risk to woodlands or property within the Township. No out-of-door fires of any kind shall be permitted anywhere in the Township during such time a dry-weather emergency is declared. The dry-weather emergency shall remain in effect until declared to be over by the Board of Supervisors, Township Manager, Assistant Township Manager, or Chief of Police.
Any person, firm or corporation who is found to be in violation of any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or undergo imprisonment for a term not to exceed 90 days. Each and every day a violation of this chapter continues shall constitute a separate offense. Any police officer or other person specifically authorized by the Board of Supervisors of Fairview Township shall determine in each instance whether a violation has occurred under this chapter.
Any person, firm or corporation who is found to be in violation for any fire in violation of this chapter requiring response by the Fairview Township Fire Department shall also pay charges to cover the firefighting costs, including mileage, operating costs, equipment costs and man-hours. These fees shall be in accordance with the fee schedule established by the Board of Supervisors by resolution from time to time.[1] These charges shall be in addition to and not in lieu of any penalties provided elsewhere in this chapter.
[1]
Editor's Note: See Ch. A302, Fee Schedule
The Board of Supervisors, 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 issuance of any permit under the provisions of this chapter, or by reason of the conduct of any burning activity in compliance or noncompliance with the terms and provisions hereof. The person, persons, company or companies responsible for any such fire and the permit holder shall bear sole liability for any damages caused as a result thereof.