Township of Haverford, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Haverford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 86.
[Adopted 5-11-1970 by Ord. No. 1391]
This article shall be known and may be cited as the "Haverford Township Air Pollution Control Ordinance of 1970."
Whereas the Board of Commissioners has determined that air pollution from an open fire may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of Haverford Township, it is hereby declared to be the policy of Haverford Township to safeguard the citizens of Haverford Township from such air pollution.
The following words, terms and phrases, when used in this article, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
BOARD
Township Board of Commissioners.
FURNACE
Any enclosed device specifically designed for the burning of any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator, or portable outdoor fireplace.
[Added 7-14-2014 by Ord. No. 2722]
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
PORTABLE OUTDOOR FIREPLACE
A portable, outdoor, solid-fuel burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.
[Added 7-14-2014 by Ord. No. 2722]
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
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.
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, however, that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.
[Amended 6-30-1986 by Ord. No. 1960; 7-14-2014 by Ord. No. 2722]
The Haverford Township Police Chief, Code Enforcement Officer, or any other duly authorized agent shall have the power and duty to enforce the provisions of this article.
A. 
After the effective date of this article, no person shall:
(1) 
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building; or
(2) 
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside any building.
B. 
Exceptions.
(1) 
Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for the following:
(a) 
The prevention of a fire hazard which cannot be abated by other means.
(b) 
The protection of public health.
(2) 
Open fires may be set with the approval of the authorized enforcement agent of this article, provided that:
(a) 
Rubbish only is burned.
(b) 
There is no practical available alternate method for the disposal of the material to be burned.
(c) 
No hazardous or other objectionable condition will be created by such burning.
(3) 
Portable outdoor fireplaces, as defined in this chapter, provided they are used in accordance with the manufacturers recommendations and the following additional standards:
[Added 7-14-2014 by Ord. No. 2722]
(a) 
Portable outdoor fireplaces shall not be operated within 15 feet of a structure or combustible material at multifamily and nonresidential properties; within 12 feet of a structure and five feet of other combustible material at single- or two-family dwellings.
(b) 
The device shall not exceed three feet in diameter.
(c) 
The device shall be placed on noncombustible surface.
(d) 
No flammable liquids should be utilized to start or maintain fire.
(e) 
With wood-burning devices, only hard wood should be used as fuel.
(f) 
Devices should not be placed under any awnings or roof type structures.
(4) 
The burning of leaves, twigs and brush is prohibited.
[Added 7-14-2014 by Ord. No. 2722]
[Amended 6-13-1988 by Ord. No. 2019; 3-12-2012 by Ord. No. 2660; 7-14-2014 by Ord. No. 2722]
Any person, firm, or corporation who shall violate any provision of this section, upon conviction thereof, in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this section continues or each section of this section that shall have been found to have been violated shall constitute a separate offense.