[Amended 12-15-2014 by Ord. No. 424-14]
In accordance with Pennsylvania Act 101 and as amended by Act
140 of 2006,[1] it shall be unlawful for any person to openly burn any
material, including the following, at any time in any zone within
the Township: household trash, books, magazines, newspapers, cardboard
and/or any items that are required to be recycled in Easttown Township
under Pennsylvania Act 101, including yard waste, leaves and scrap
lumber or any vegetation, plywood, drywall, plastic products, insulation
materials, upholstered furniture, solid waste and/or construction
waste as defined by the Pennsylvania Solid Waste Management Act[2] and 25 Pa. Code § 271.1, garbage, dead animals,
human and animal excrement, human and animal hair, rubber products,
including tires, hydrocarbon products or flammable liquids, asphalt
or tar shingles or roofing materials, bedding, foam rubber, nylon,
rayon, cotton, wool, polyester or other synthetic material, insulation
from copper or other wiring.
The prohibition of open burning shall be in effect except when
the burning results from:
A.
An open burning set to prevent or abate a fire hazard when approved
by the Department of Environmental Protection regional office and
set by or under the supervision of a public officer.
B.
A fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection regional
office.
C.
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection regional office.
D.
A fire set for the purpose of burning, clearing and grubbing waste;
if within an air basin, an air curtain destructor must be used and
must be approved by the Department of Environmental Protection regional
office.
E.
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
F.
A fire set solely for cooking food.
G.
A fire set solely for recreational or ceremonial purposes.
A.
Any such open burning as permitted in § 377-14 shall be located at least 50 feet or more from any building, structure or combustible materials and at least 25 feet from any public street or right-of-way.
B.
A permit from the Township is required for any instances of open burning as permitted in § 377-14. A fee may be charged for said permit as set by resolution of the Board of Supervisors, as may be modified from time to time. However, no open burning is permitted on any day on which the National Weather Service (www.nws.noaa.gov) has issued a red flag warning for areas encompassing the Township. Any Township or fire official may suspend open burning at any time and from time to time when it is determined by any of them that, in their opinion, any of the following conditions exist:
(1)
Smoke, embers and/or ash emission cause damage to property or vegetation
of adjacent properties.
(2)
Smoke, embers and/or ash emission are, or may be, offensive, objectionable
or deleterious to human or animal health.
(3)
Dry conditions or drought warrant a ban on all open burning, in which
case the Board of Supervisors of the Township shall so advise in writing.
C.
All fires in open burning must be guarded or attended to by one or
more responsible adult persons, being individuals 18 or over, at all
times until such fire and open burning has been extinguished.
D.
Yard waste that is permitted to be burned on agricultural land must
originate from the same parcel of land on which it is burned.
E.
Nonorganic or recyclable materials, or any other combustibles which
may create large amounts of smoke, may not be openly burned.
F.
Any such open burning shall be permitted between the hours of 8:00
a.m. and 5:00 p.m. No burning or smoldering shall occur outside the
above time period, unless prior permission is requested of and expressly
granted by the Township.
A.
Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves,
chimineas and factory-built metal novelty stoves shall be permitted
upon private property within all zones of the Township solely for
their intended purpose.
B.
No person shall use outdoor fireplaces, outdoor cooking grills, outdoor patio stoves, chimineas and factory-built metal novelty stoves for the burning of material as outlined in § 377-13.
C.
Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves,
chimineas and factory-built metal novelty stoves may not be used indoors
or in any enclosed areas that are not properly ventilated.
A.
Fireplaces or wood-burning or coal stoves shall be permitted inside
residential private property within all zones of the Township solely
for the purpose of heating the dwelling unit.
B.
Only seasoned firewood, coal or solid fuels recommended by the manufacturer
may be burned in such fireplaces, wood-burning or coal stoves or solid-fuel
heaters.
C.
No person may use such fireplaces, wood-burning or coal stoves or solid-fuel heaters for the burning of any material as outlined in § 377-13.
D.
Such fireplaces, wood-burning or coal stoves or solid-fuel heaters
shall not be used for such purpose when, in the judgment of a Township
or fire official, a fire hazard is created by such use and operation
and/or any danger is posed to the occupants therein or the neighboring
buildings and/or occupants.
E.
If the smoke, ashes and/or smell emitting to the outside atmosphere
from the chimney, stovepipe or flue are objectionable or offensive
to the general public, the operation of such fireplace, wood-burning
or coal stove or solid-fuel heater shall be suspended by any Township
or fire official.
Ashes, smoldering coals, wood and embers or other material liable
to spontaneously ignite shall not be deposited or allowed to remain
within 10 feet of any combustible materials but shall be deposited
in noncombustible containers. Rubbish of any kind shall not be allowed
to accumulate.
