[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.
[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.