Township of West Manheim, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Manheim 6-7-2012 by Ord. No. 2-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 82.

§ 96-1 Purpose.

This chapter is intended to promote and safeguard the health, safety and welfare of the citizens of the Township of West Manheim, York County, Pennsylvania, by regulating the air pollution and fire hazards of open burning and outdoor burning as required by Act 97, the Solid Waste Management Act,[1] and Act 101, Municipal Waste Planning, Recycling and Waste Reduction Act.[2]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 96-2 Applicability.

A. 
This chapter applies to all outdoor burning and open burning within the Township of West Manheim, Pennsylvania.
B. 
This chapter does not apply to grilling or cooking food using charcoal, clean wood, propane or natural gas or other commonly accepted fuel in cooking or grilling appliances.
C. 
This chapter does not apply to 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.
D. 
This chapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
E. 
Nothing herein shall be construed to prevent firefighting training by Township-designated firefighting organizations.
F. 
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 other means;
(2) 
The protection of public health.

§ 96-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CAMPFIRE
A small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste, wood or refuse.
CLEAN WOOD
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.
CONSTRUCTION AND DEMOLITION WASTE
Building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
MUNICIPALITY
The Township of West Manheim.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.
OUTDOOR BURNING
Open burning or burning in an outdoor wood-fired boiler or patio wood-burning unit.
OUTDOOR WOOD-FIRED BOILER
A wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT
A chimney, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
REFUSE
Any waste material, garbage, animal carcasses, and trash or household materials except trees, logs, brush, stumps, leaves, and other vegetative matter.

§ 96-4 General prohibition on outdoor burning and open burning.

Except as provided in this chapter, open burning and outdoor burning are prohibited in the Township of West Manheim.
A. 
Open burning of refuse or garbage, including but not limited to food wastes, food packaging and food wraps, any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam and synthetic fabrics, plastic films and plastic containers, is prohibited.
B. 
Open burning of leaves, leaf waste and grass clippings is prohibited.
C. 
Open burning of wood that has been painted, varnished or coated with similar materials and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products, including, but not limited to, particleboard, is prohibited.
D. 
Open burning of rubber; including tires or other synthetic rubberlike products as well as waste petroleum products, is prohibited.

§ 96-5 Open burning of trees, logs, brush and stumps.

Open burning of trees, logs, and stumps is allowed only in accordance with all of the following provisions:
A. 
Agricultural burning of fencerows, trees, stumps and other agricultural related items is permitted, but this exemption shall not extend to those items which include garbage, refuse, rubbish and trade waste.
B. 
Open burning shall be conducted only on the property on which the materials were generated or naturally deposited.
C. 
Outdoor campfires for cooking, ceremonies, or recreation are allowed. Said fires may be around a home or place of residence, within the curtilage of said dwelling, where the material to be burned has been properly placed in a debris burner constructed of metal or masonry. Said burners shall not be larger than three feet square or three feet in diameter and located not less than 25 feet away from any building or less than 10 feet from any adjoining property line. Said campfires must be supervised at all times by an adult. No permits shall be required for such fires.
D. 
Open burning under this section shall only be conducted at a location at least 25 feet from the nearest building and 10 feet from any property line.
E. 
Except for campfires, open burning shall only be conducted from dawn to dusk, Monday through Saturday and at no other times.
F. 
Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire. One adult must be in attendance of each fire (i.e., three fires = three attendees). The adults in attendance must be free from the effects of alcohol and/or illegally used controlled substances and/or over-the-counter medicines and/or prescribed medications that may impair proper judgment.
G. 
Open-burn fires must not exceed eight feet in diameter or square or be within 25 feet of a lake, stream, or river.
H. 
No materials may be burned upon any street, curb, gutter, sidewalk, or active railroad right-of-way, alley, lane or driveway.
I. 
Barbecue, gas, charcoal grills, and patio wood-burning units are exempt under this section.
J. 
The Township Supervisors shall have the authority to implement a temporary burning ban due to environmental conditions, including but not limited to high winds or extreme dry conditions. The Township Supervisors shall make a reasonable attempt to inform the public of the ban using available resources.
K. 
The Township Supervisors may temporarily suspend any of the terms and conditions of this chapter for reasons they deem appropriate. The Township Supervisors may allow additional open-burning times if a storm or storms result in large amounts of downed trees, branches and/or leaves. Such additional open burns shall otherwise comply with the applicable requirements of this chapter.

§ 96-6 Outdoor wood-fired boilers/furnaces.

An outdoor wood-fired boiler may be installed and used in the Township of West Manheim only in accordance with all of the following provisions:
A. 
The outdoor wood-fired boiler shall not be used to burn refuse, garbage, debris, leaf and grass clippings, and construction and demolition waste. The outdoor wood-fired boiler shall only use natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions.
B. 
The following fuels are strictly prohibited in new or existing outdoor wood-fired boilers/furnaces:
(1) 
Wood that has been painted, varnished or coated with similar materials and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products, including but not limited to particleboard.
(2) 
Rubbish or garbage, including but not limited to food wastes, food packaging and food wraps.
(3) 
Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam and synthetic fabrics, plastic films and plastic containers.
(4) 
Rubber, including tires or other synthetic rubberlike products.
(5) 
Newspaper, cardboard or any paper with ink or dyed products.
(6) 
Waste petroleum products.
(7) 
Paints or paint solvents.
(8) 
Coal.
C. 
The outdoor wood-fired boiler shall be located at least 25 feet from any property line and 100 feet from the nearest residential dwelling which is not on the same property as the outdoor wood-fired boiler.
D. 
The outdoor wood-fired boiler shall have a chimney that extends at least 15 feet above the ground surface or three feet above the building it serves, whichever is greater. In addition, the chimney shall extend three feet above the highest peak of any residence located within 300 feet from the wood-fired boiler.
E. 
The owner of the outdoor wood-fired boiler shall obtain a permit from the Township prior to any new installation; however, owners with existing outdoor wood boilers/furnaces shall have 90 days for the effective date of this chapter to obtain a permit conforming to the regulations stated herein. Final inspection shall be made by the Code Enforcement Officer and only put into operation following final inspection.

§ 96-7 Patio wood-burning units.

A patio wood-burning unit may be installed and used in the Township of West Manheim only in accordance with all of the following provisions:
A. 
The patio wood-burning unit shall not be used to burn refuse, garbage, debris, leaf and grass clippings, construction and demolition waste.
B. 
The patio wood-burning unit shall burn only clean wood.
C. 
The patio wood-burning unit shall be located at least 25 feet from the nearest structure which is not on the same property as the patio wood-burning unit.

§ 96-8 Permit required.

A. 
For all fires not otherwise defined in this chapter or for fires which would otherwise result in the violation of specifications and requirements of this chapter, a permit shall be obtained through West Manheim Township. The Township shall have the discretion to issue all such permits. The application must be made to West Manheim Township at least 30 days in advance of any such fire. The application will be reviewed by the designated official of the Board of Supervisors of West Manheim Township and the Fire Chief, Pleasant Hill Volunteer Fire Company.
B. 
A burning permit for a special event fire is necessary. Special event fires are those which are normally incident to commemorative or celebration events that are sponsored by schools, municipalities and other charitable-type organizations. Any person, partnership, firm, association, corporation, other entity seeking a special event fire must make application to and obtain from the West Manheim Township Board of Supervisors for a permit for such fire. A formal written request must be made to the Township at least 30 days in advance of any such special event fire.

§ 96-9 Liability.

A person utilizing or maintaining an outdoor fire shall be responsible for all fire-suppression costs and any other liability resulting from damage caused by the fire.

§ 96-10 Right of entry and inspection.

Upon probable cause of a possible violation of this chapter, the designated official of the Board of Supervisors of West Manheim Township who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this chapter.

§ 96-11 Enforcement; violations and penalties.

A. 
The enforcing official for this chapter shall be the designated official of the West Manheim Township Board of Supervisors.
B. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 96-12 Recovery of Fire Company and Township costs.

Any person, partnership, firm, association, corporation or other entity who violates this chapter, and any owner of any property upon which a fire has been started in violation of this chapter either through an intentional act or negligence, which necessitates a fire run by the Pleasant Hill Volunteer Fire Company, or any other fire department or police agency, shall pay to West Manheim Township any and all costs and charges incurred by the Township or Fire Company by reason of such fire or emergency run; provided, however, that the minimum charge for any fire run shall be $600, plus an additional minimum charge of $200 for a Township administration fee. All of the foregoing charges and expenses shall be due and payable within 30 days from the date an invoice is prepared and mailed to any person, partnership, firm, association, corporation, or other entity, who sets or is responsible for such an open fire, or to any property owner upon which such a fire occurred. The Township and Fire Company may proceed in any court of competent jurisdiction for any such civil damages and may recover any costs, expenses, or attorney fees incurred in the fire run or in the process of the recovery of such costs.