[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.
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]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste, wood or refuse.
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 that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
The Township of West Manheim.
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.
Open burning or burning in an outdoor wood-fired boiler or
patio wood-burning unit.
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic animals.
A chimney, patio warmer, or other portable wood-burning device
used for outdoor recreation and/or heating.
Any waste material, garbage, animal carcasses, and trash
or household materials except trees, logs, brush, stumps, leaves,
and other vegetative matter.
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.
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.
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.
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.
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.
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.
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.
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]
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.
