Part 1 BURNING
Part 2 FIRE LOSS INSURANCE PROCEEDS
[Ord. 9-2011, 11/10/2011, § 1]
This Part shall be known and cited as the "2011 Canton Township Burning Ordinance."
[Ord. 9-2011, 11/10/2011, § 2]
The purpose of this Part is to provide for greater control and more effective regulation of excessive levels of smoke, air pollution and sources of excessive smoke within the Township. It is the opinion of the Board of Supervisors that excess levels of smoke and air pollution are detrimental to the physical, mental and social well being of its residents as well as to the comfort, living conditions, general welfare and safety thereof.
[Ord. 9-2011, 11/10/2011, § 3]
- BURN BARREL
- Used steel drums formerly containing oil, grease, chemicals or other products typically available in 55 gallon size.
- BURNING PERMIT
- A written, signed notice from Canton Township authorizing a specific burning.
- CONTAINED FIRE
- Any fire contained in a fireplace or other contained enclosure designed for outdoor cooking.
- CONTROLLED FIRE
- Any fire not included in the definition of contained fire.
- Any enclosed device specifically designed for burning any material for the production of heat.
- All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
- INCINERATOR/NONCOMBUSTIBLE CONTAINER
- Any device specifically designed for the destruction by burning of refuse, sewage sludge, or any combustible material.
- OPEN FIRE
- A fire in which any material is burned in the open or in a receptacle.
- Any individual, partnership, association, corporation, department, bureau, agency or legal entity.
- Garbage, rubbish and trade waste.
- RESPONSIBLE ADULT
- An individual 18 years of age, or older, who is not under the influence of drugs or alcohol, or suffering from any other disability which would impair his or her ability to properly supervise a fire.
- Solids or liquids not considered to be highly flammable or explosive including, but not limited to, rags, old clothes, leather, rubber, carpets, excelsior, ashes, furniture, tin cans, used oil, glass, crockery, masonry, plastics, recyclable items, and other similar items.
- 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.
- Township of Canton, Washington County, Pennsylvania.
- 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 mining or preparation of coal.
[Ord. 9-2011, 11/10/2011, § 4]
Burning permits for controlled fires must be obtained by contacting Canton Township at its office, 655 Grove Avenue, Washington, Pennsylvania 15301. Fees for such burning permits will be limited to costs of issuance and will be set periodically by the Canton Township Board of Supervisors.
No person shall ignite or contribute to an open fire in the conduct of a salvage operation in any public or private place.
No person shall ignite or contribute to an open fire of refuse, garbage, rubbish, leaves and/or grass.
Open fires of tree limbs and branches shall be allowed within the Township only on Tuesdays and Thursdays between the hours of 10:00 a.m. and 7:00 p.m. EST and on Saturdays between 10:00 a.m. and 5:00 p.m. EST. Open fires set forth herein shall be contained in a fire ring made of noncombustible material such as iron, steel, masonry or stone; which is no higher than two feet and which is constructed to provide adequate air flow to the fire. Burn barrels shall not be permitted.
Open fires as set forth in § 7-104 shall not be permitted during holidays (i.e., Christmas, Thanksgiving, etc.).
No person shall cause, suffer, allow or permit the maintenance of any fire during days considered high wind days.
No person shall cause, suffer, allow or permit the open burning of any item located within trailer parks, mobile home parks, trailer courts and/or mobile home courts.
All fires shall be attended to at all times by a responsible adult with readily available means of extinguishing the fire. A water hose, buckets and/or sprinkling cans shall be proximal to the fire for purposes of controlling the same.
[Ord. 9-2011, 11/10/2011, § 5]
Open fires may be set for recreational purposes pursuant to the following specific conditions:
Only wood shall be burned and no excessive smoke is allowed.
Recreational fires shall be contained in a pit made of non-combustible material such as iron, steel, masonry or stone. Said fire pit must be located not closer than 25 feet to any structure not owned by the property owner. A recreational fire pit shall be no more than two feet high and four feet wide.
A water hose and/or buckets/sprinkling cans shall be proximal to the recreational fire for purposes of controlling the same.
No recreational fire is allowed to be left unattended.
In cases where smoke and/or hot ashes blow directly into windows and/or roofs of adjacent homes, smoke shall be cleared or fire extinguished.
Recreational fires shall be extinguished thoroughly before leaving the area or at 11:00 p.m.
Only grilles that are fueled by wood, charcoal, liquid propane gas and/or natural gas are permitted for purposes of preparing food.
[Ord. 9-2011, 11/10/2011, § 6]
Burning for commercial purposes is permitted only where the business is authorized by and possesses a valid Pennsylvania DEP permit for said burning.
[Ord. 9-2011, 11/10/2011, § 7]
In agricultural zones and in agricultural uses regardless of zone, burning consistent with normal agricultural operation (see PA ACT 133 "Right to Farm") shall be excluded from regulation.
[Ord. 9-2011, 11/10/2011, § 8]
Burning of rubbish, refuse, construction debris, aerosol cans, by-products of manufacturing and processing operations and wastes from commercial operations is strictly prohibited.
Nothing herein shall be construed to permit or encourage the burning of any substance determined by the Commonwealth of Pennsylvania or the United States Environmental Protection Agency to be a hazardous substance; nor shall any fire be permitted to burn by any persons if such burning is in violation of the Air Pollution Control Act or other legislation by the Commonwealth of Pennsylvania or the United States of America or any of their legislative agencies.
[Ord. 9-2011, 11/10/2011, § 9]
The Board of Supervisors, Washington County Emergency Management and/or commonwealth regulatory official may declare a fire ban emergency in Canton Township with or without consultation with the Fire Chief of the local volunteer fire company operating within the Township during a period of drought, or other periods of high fire risk to woodlands or property within Canton Township.
Upon the Board of Supervisors declaration of a fire ban emergency, all outdoor burning or fires shall be prohibited until the ban is lifted by the Board of Supervisors.
The Township shall publish a notice of the fire ban emergency at least once in a local newspaper of general circulation. In addition, the Township may issue news releases to all communication media, including radio, television and newspapers.
[Ord. 9-2011, 11/10/2011, § 10]
The Board of Supervisors shall appoint the Code Enforcement Officer who shall have the power to enforce the provisions of this Part.
[Ord. 9-2011, 11/10/2011, § 11]
It shall be unlawful to burn, ignite, incinerate, maintain or otherwise permit the burning of any materials whatsoever without complying with the requirements of this Part.
Any person who shall violate any of the provisions of this Part shall, upon conviction in a summary proceeding brought in the name of the Township, before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not more than $600 per occurrence, and the costs of prosecution, and in default of payment, to imprisonment for a term of not to exceed 90 days, provided that each day's violation of any of the provisions of this Part shall constitute a separate offense.
[Ord. 9-2011, 11/10/2011, § 12]
In the case of a fire requiring firefighters and/or equipment and upon conviction of any violation of this Part, the violator shall also pay charges in order to cover the firefighting costs. Charges shall be assessed for the use of the following firefighting equipment.
Additional labor charges shall be assessed under this Part based upon an hourly rate for all firemen engaged in the fire fighting activities, if applicable.
The Board of Supervisors shall determine, by resolution, a reasonable schedule of costs based upon mileage, operating costs, and firefighting equipment and man hours. These charges shall be in addition to and not in lieu of any penalties provided elsewhere in this Part.
[Ord. 9-2011, 11/10/2011, § 15]
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 Part, 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.
[Ord. 1-2006, 4/13/2006, § 1]
This Part shall be known as the "Act 93 of 1994 Ordinance."
[Ord. 1-2006, 4/13/2006, § 2]
The subject matter of this Part is establishment of regulations relating to Act 93 of 1994 and providing for the payment of proceeds from certain fire loss claims to the Township of Canton (hereinafter the "Township").
[Ord. 1-2006, 4/13/2006, § 3]
The Secretary or such official's designee is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties stated herein.
[Ord. 1-2006, 4/13/2006, § 4]
No insurance company, association or exchange (hereinafter the "Insuring Agent") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the Township where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the Insuring Agent is furnished by the Secretary with a municipal certificate pursuant to § 508(B) of Act 93 of 1994 and unless there is compliance with § 508(C) and (D) of Act 93 of 1994 and the provisions of this Part.
[Ord. 1-2006, 4/13/2006, § 5]
Where pursuant to § 508(B)(1) of Act 93 of 1994 the Secretary issues a certificate indicating that there are no delinquent taxes, assessments, penalties or user charges against real property, the Insuring Agent shall pay the claim of the named insured; provided, however, that if the loss agreed upon by the named insured and the Insuring Agent equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building restructure, the following procedures must be followed:
The Insuring Agent shall transfer from the insurance proceeds to the Secretary of the Township in the aggregate of $2,000 for $15,000 of a claim and for each fraction of that amount of a claim, this section to be applied such that if the claim is $15,000 or less, the amount transferred to the Township shall be $2,000.
If at the time of a proof of loss agreed to between the named insured and the Insuring Agent, the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, the Insuring Agent shall transfer to the Township from the insurance proceeds the amount specified in the estimate.
The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring the building or other structure.
After the transfer, the named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, and the Secretary shall return the amount of the funds transferred to the Township in excess of the estimate to the named insured, if the Township has not commenced to remove, repair or secure the building or other structure.
Upon receipt of proceeds under this section, the Township shall do the following:
The Secretary shall place the proceeds in a separate fund to be used solely as security against the total costs of removing, repairing, or securing the building or structure which are incurred by the Township. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Township in connection with such removal, repair or securing of the building or proceedings related hereto.
It is the obligation of the Insuring Agent when transferring the proceeds to provide the Township with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, the Secretary shall contact the named insured, certify that the proceeds have been received by the Township and notify the named insured that the procedures under this subsection shall be followed.
When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the Township and the required proof of such completion received by the Secretary, and if the Township has not incurred any costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund and if excess funds remain, the Township shall transfer the remaining funds to the named insured.
To the extent that interest is earned on proceeds held by the Township pursuant to this section, and not returned to the named insured, such interest shall belong to the Township. To the extent that proceeds are returned to the named insured, interest earned on such proceeds shall be distributed to the named insured at the time that the proceeds are returned.
Nothing in this section shall be construed to limit the ability of the Township to recover any deficiency. Furthermore, nothing in this subsection shall be construed to prohibit the Township and the named insured from entering into an agreement that permits the transfer of funds to the named insured of some other reasonable disposition of the damaged property has been negotiated.
[Ord. 1-2006, 4/13/2006, § 6]
The Township of Canton may by resolution adopt procedures and regulations to implement Act 93 of 1994 and this Part and may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Act 93 of 1994 and this Part, including but not limited to, issuance of certificates and bills, performance of inspections and opening separate fund accounts.
[Ord. 1-2006, 4/13/2006, § 7]
Any owner of property, any named insured or any Insuring Agent who violates this Part shall be subject to a penalty of up to $300 per violation.