[Ord. 2000-01, 4/13/2000, § 1]
This Part shall be known and may be referred to as the "Allen Township Open Burning Ordinance."
[Ord. 2000-01, 4/13/2000, § 2]
This Part is being adopted to promote the public health, safety and welfare within Allen Township; and to secure the safety of persons and property within the Township by regulating open burning and providing penalties for the violation of such regulations.
[Ord. 2000-01, 4/13/2000, § 3]
BONFIRE
An outdoor fire utilized for ceremonial purposes.
COMMERCIAL BURNING
The burning of any materials for profit, or the burning of any materials, at a commercial site, associated with the business, trade, or profession being conducted on that site.
CONSUMER FIREWORKS
[Added by Ord. No. 2019-02, 6/25/2019]
1. 
Any combustible or explosive composition or any substance or combination of substances which is intended to produce visible or audible effects by combustion, is suitable for use by the public, complies with the construction, chemical composition, and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA 87-1 or any successor standard, the sale, possession, and use of which shall be permitted in Allen Township subject to the regulations provided in this Chapter 7.
2. 
The term does not include devices as "ground held sparkling devices," "novelties," or "toy caps" in APA 87-1 or any successor standard, the sale, possession, and use of which shall be permitted at all times within Allen Township.
DISPLAY FIREWORKS
Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. The term includes but is not limited to:
[Added by Ord. No. 2019-02, 6/25/2019]
1. 
Salutes that contain more than two grains or 130 milligrams of explosive materials;
2. 
Aerial shells containing more than 60 grams of pyrotechnic composition; and
3. 
Other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to the Purpose and Use of Hazardous Materials Table).
OPEN BURNING
The burning of any materials wherein products of combustion arc emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed, when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. The discharging, detonating, igniting or otherwise using consumer or display fireworks shall be considered open burning for the purposes of this chapter.
[Amended by Ord. No. 2019-02, 6/25/2019]
PERSON
Any individual, organization, corporation, partnership, government, agency, association or other legal or commercial entity.
RECREATIONAL FIRE
An outdoor fire utilized to cook food for human consumption.
[Ord. 2000-01, 4/13/2000, § 4]
It shall be unlawful for any person to cause or allow open burning within the municipal boundaries of Allen Township except as is provided for in this Part.
[Ord. 2000-01, 4/13/2000, § 5; as amended by Ord. 2000-04, 9/14/2000, § 1]
1. 
Open burning shall be allowed in the following instances without obtaining a permit from the Allen Township Fire Company:
A. 
Burning of house hold papers or paper in a contained container no larger than a fifty-five-gallon drum or a three by three foot by three foot pit.
B. 
Any recreational fire, the sole purpose of which is to cook or prepare food, provided that said fire is confined in a fireproof container.
C. 
Any fire maintained solely for the purpose of fire fighter training by the Allen Township Volunteer Fire Company, Allen Township, it's successors and assigns, provided however, that said burning shall not be permitted after sunset.
2. 
Open burning shall be allowed in the following instances only after a permit is obtained from the Allen Township. No fee shall be charged for the issuance of a permit.
A. 
Open burning for recognized silvicultural or range or wildlife management practices.
B. 
Open burning for prevention or control of disease or pests.
C. 
Bonfires for ceremonial purposes, provided that the Board of Supervisors receives written notice and issues an approval at least three days prior to the date of the bonfire.
[Ord. 2000-01, 4/13/2000, § 6]
No open burning requiring a permit shall be permitted on Sundays unless specific permission is obtained from the Township. Open burning for profit, commonly known as "commercial burning," shall not be permitted.
[Ord. 2000-01, 4/13/2000, § 7; as amended by Ord. No. 2019-02, 6/25/2019]
At the order of the Township, with the recommendation of the fire company, all open burning shall cease immediately due to dry conditions which could cause a threat to the community. The discharging, detonating, igniting or otherwise using consumer or display fireworks shall be prohibited during all open burn bans. Any such prohibition will be published in a newspaper of local circulation and posted on the Township website. In addition, any open burning ban instituted by the County of Northampton shall supersede the provisions of this Part.
[Ord. 2000-01, 4/13/2000, § 8]
The fire company shall prohibit open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The fire company shall order the extinguishment, by the permit holder or the fire company, of any open burning which creates or adds to a hazardous or objectionable situation.
[Ord. 2000-01, 4/13/2000, § 9]
Open burning shall not be utilized for waste disposal purposes, shall be of the minimum size for the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
[Ord. 2000-01, 4/13/2000, § 10]
Any open burning shall be constantly attended until the fire is extinguished. At least one portable fire extinguisher with a minimum 4-A rating, two portable fire extinguishers with a minimum 2-A rating each, or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
[Ord. 2000-01, 4/13/2000, § 11; as amended by Ord. 2007-04, 11/8/2007]
In addition to the regulations and conditions for burning contained herein: the Air Pollution Control Act of the Commonwealth of Pennsylvania, P.L. 2119 and the provisions and conditions contained therein as well as regulations of the Department of Environmental Protection of the Commonwealth of Pennsylvania, as they pertain to said act, are incorporated in this Part as if the same were set forth here in length.
[Ord. 2000-01, 4/13/2000, § 12; as amended by Ord. 2007-04, 11/8/2007]
Any person, firm or corporation who shall violate any provision of this Part, 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 Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 2005-11, 6/28/2005]
1. 
General Requirement. An approved emergency access lock box shall be installed on the outside of all new buildings in the Township. However, a lock box is not required to be installed on single-family and two-family dwellings, or multifamily dwellings which have no enclosed common areas (i.e., no lock box is required for a multifamily dwelling which consists entirely of individual dwellings), or agricultural buildings, or on accessory buildings related to those dwellings or buildings.
2. 
Renovated or Expanded Buildings. If a building would be required by subsection (1) to have an approved emergency access lock box but for the fact that the building is not new, and if the building is thereafter expanded or otherwise renovated or repaired in a way which requires a building permit from the Township, the building shall at that time be equipped with an approved emergency access lock box.
3. 
Recommendation for Existing Buildings. An approved emergency access lock box is recommended for all existing buildings in the Township which are equipped with an automatic fire suppression system, an automatic fire detection system, or a medical emergency alarm system.
4. 
Recommendation for Additional Buildings and Structures. An approved emergency access lock box is recommended for all buildings and structures in the Township that will require access with a key during a fire or medical emergency or any other emergency situation.
[Ord. 2005-11, 6/28/2005]
1. 
Written Approval. Whenever this Part would require the installation of an approved emergency access lock box, written approval of a proposed emergency access lock box shall be obtained from the Department's Fire Chief or the Fire Chief's designee before an emergency access lock box is installed.
2. 
Occupancy Permit. No occupancy permit shall be issued for any building in the Township which is required to have an approved emergency access lock box until such a lock box has been installed for that building.
3. 
Responsibility. It shall be the responsibility of the owner, lessee, tenant, occupant or other party in control of a building, jointly or severally, to assume all costs and obligations associated with the purchase and installation of an approved emergency access lock box required by this Part. Further, they shall all, jointly or severally, be responsible to maintain the lock box in good condition, and to ensure that all keys and information in the lock box are correct.
4. 
Inspection. The Department will have the right to periodically inspect property in the Township for:
A. 
Proper maintenance of the lock box.
B. 
Visibility of the lock box.
C. 
Accessibility of the lock box.
D. 
Proper contents of the lock box.
[Ord. 2005-11, 6/28/2005]
1. 
Location. An approved emergency access lock box required by this Part shall be installed on the outside of the building or structure, in a location approved by the Department's Fire Chief or the Fire Chief's designee. Written approval of a proposed location for a lock box shall be obtained from the Fire Chief or the Fire Chief's designee before a lock box is installed.
2. 
Contents. The contents of an approved emergency access lock box shall include all of the following, unless any of the items are deemed unnecessary by the Department's Fire Chief or the Fire Chief's designee:
A. 
Keys to the building or structure, including keys to the exterior and interior doors, except for the doors to individual residences within a multifamily building (if a master key is available, then it shall be provided to eliminate multiple keys);
B. 
Keys to mechanical and equipment rooms;
C. 
Keys to elevator controls;
D. 
Keys to specific areas as required and deemed necessary by the Fire Chief or the Fire Chief's designee;
E. 
Keys necessary for the control of a fire protection system; and
F. 
A list of names and contact numbers of three people familiar with the building or structure who may be contacted in an emergency.
[Ord. 2005-11, 6/28/2005; as amended by Ord. 2009-02, 3/12/2009]
1. 
Penalty. Any person who violates a provision of this Part or fails to comply with any of its requirements shall be responsible for a municipal civil infraction subject to enforcement procedures as set forth in the Municipal Civil Infraction Ordinance adopted by the Township, and subject to a written warning for a person's first infraction. Each day during which any violation continues after a written warning has been served shall be deemed a separate offense. Increased civil fines may be imposed for repeat violations of this Part; a "repeat violation" means a municipal civil infraction violation committed by a person within any twelve-month period after the issuance of a written warning to that person and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations shall be as follows:
A. 
The fine for any offense which is a first repeat offense shall be $25, plus costs and other sanctions; and
B. 
The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be $50, plus costs and other sanctions. The Township Manager is designated as the authorized Township official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction notices (directing alleged violators to appear at the Township offices).
2. 
Severability and Captions. This Part and its various parts, sections, subsections, sentences, phrases and clauses are declared to be severable. If any part, section, subsection, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Part shall not be affected. The captions included at the beginning of each Section are for convenience only and shall not be considered a part of this Part.
3. 
Repeal. All resolutions, ordinances or orders in conflict in whole or in part with any of the provisions of this Part are, to the extent of such conflict, repealed.
4. 
Administrative Liability. No officer, agent, employer or Board member of the Township shall be personally liable for any damage which may occur to any person or entity as a result of any act or decision performed in the discharge of duties and responsibilities pursuant to this Part.