Borough of South Waverly, PA
Bradford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of South Waverly 4-2-2001 by Ord. No. 42-01-1 (Ch. 30 of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 215.
Outdoor fuel-burning appliances — See Ch. 274.
This chapter shall be known and may be cited as the "Borough of South Waverly Air Pollution Control Ordinance of 2001."
The Council of the Borough of South Waverly, under and by virtue of and pursuant to the authority granted by Borough Code, does hereby enact and ordain this chapter.
Whereas the Council of Borough of South Waverly has determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Borough of South Waverly, it is hereby declared to be the policy of Borough of South Waverly to safeguard the citizens of the Borough of South Waverly from such air pollution.
The following words, terms, and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
AIR BASIN
A geographic area of this commonwealth as set forth in Department of Environmental Protection Publication.
AIR CURTAIN DESTRUCTOR
A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particulate matter are contained.
BONFIRES
An open fire only to be conducted on the South Waverly Borough Hall grounds on Pennsylvania Avenue upon obtaining a permit from the Code Enforcement Officer. This is the only type of fire that would qualify as a fire set for a ceremonial purpose in the Borough.
[Added 9-3-2013 by Ord. No. 09-03-13-01]
BURNING
The act of consuming by fire; to flame, char, scorch, or blaze. As used in this chapter, "smoldering" shall have the same meaning as burning, and any smoldering shall be deemed a burning.
CLEANING AND GRUBBING WASTES
Trees, shrubs, and other native vegetation which are cleared from land during or prior to the process or construction. The term does not include demolition wastes and dirt-laden roots.
COMPOSTING
The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
COOKING FIRES
Shall only be fueled by natural gas, propane gas, charcoal, and contained in a charcoal grill, barbecue pit or similar outdoor containment structure that will control the open burning.
[Added 9-3-2013 by Ord. No. 09-03-13-01; amended 10-5-2015 by Ord. No. 10-5-15]
COUNCIL
Borough Council.
DOMESTIC REFUSE
Waste which is generated from the normal occupancy of a structure occupied solely as a dwelling by two families or less. The term does not include appliances, carpentry, demolition waste (insulation, shingles, siding, etc.), furniture, mattresses or box springs, paint, putrescible waste, solvents, tires, or treated wood.
MUNICIPALITY
A city, incorporated town, township, borough, county, municipal authority or other public body created under state law having jurisdiction over the disposal of sewage, industrial wastes, or other wastes.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
PERSON
Any individual, public or private corporation for profit or not for profit, association, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth or the federal government, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
RECREATIONAL FIRES
Shall only be conducted in a permanently built-in outdoor containment structure and/or a commercially available patio woodburning unit and chimenea device that can also be fueled by natural gas or propane gas that will control the open burning. A fire utilizing any other source of fuel shall not be allowed as a recreational fire except units utilizing wood or charcoal which shall obtain a permit as set forth in this chapter.
[Added 9-3-2013 by Ord. No. 09-03-13-01; amended 10-5-2015 by Ord. No. 10-5-15]
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.
After the adoption and approval of this chapter, no person may permit the open burning of material with the exception of the following:
A. 
A fire set to prevent or abate a fire hazard, when approved by the Department of Environmental Protection's Regional Air Quality Program Office and set by or under the supervision of a public officer.
B. 
Any fire set for the purpose of instructing personnel in fire fighting, when approved by the Department of Environmental Protection's Regional Air Quality Program Office.
C. 
A fire set for the prevention and control of disease or pests, when approved by the Department of Environmental Protection's Regional Air Quality Program Office.
D. 
A fire set for the purpose of burning clearing and grubbing waste, only in the agricultural district, on the premises of a farm operation. If within an air basin, an air curtain destructor must he used and must be approved by the Department of Environmental Protection's Regional Air Quality Program 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 for the purpose of recreation shall only be conducted in a permanently built-in outdoor containment structure and/or a commercially available patio woodburning unit and chimenea device that can also be fueled by natural gas or propane gas that will control the open burning. A fire utilizing any other source of fuel shall not be allowed as a recreational fire except units utilizing wood or charcoal which shall obtain a permit as set forth in this chapter.
[Amended 9-3-2013 by Ord. No. 09-03-13-01;10-5-2015 by Ord. No. 10-5-15; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
A fire set solely for cooking food, in an apparatus design for that purpose, provided that the fire is fueled by natural gas, propane gas, or charcoal in a charcoal grill, barbecue pit, or a similar outdoor containment structure that will control the open burning.
[Amended 10-5-2015 by Ord. No. 10-5-15]
H. 
A fire set solely for ceremonial purposes on the South Waverly Borough Hall grounds on Pennsylvania Avenue, when approved by a Code Enforcement Officer.
[Amended 9-3-2013 by Ord. No. 09-03-13-01]
[Amended 9-3-2013 by Ord. No. 09-03-13-01]
A. 
Recreational fires; cooking fires; bonfires.
(1) 
Recreational fires shall only be conducted in a permanently built-in outdoor containment structure and/or a commercially available patio woodburning unit and chimenea device that can also be fueled by natural gas or propane gas that will control the open burning. A fire utilizing any other source of fuel shall not be allowed as a recreational fire except units utilizing wood or charcoal which shall obtain a permit set forth in this chapter.
[Amended 10-5-2015 by Ord. No. 10-5-15]
(2) 
Cooking fires. Cooking fires shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material unless the fire is fueled by natural gas, propane gas, or charcoal in a charcoal grill, barbecue pit or similar outdoor containment structure that will control the open burning. Conditions which could cause a fire to spread within the 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition.
[Amended 10-5-2015 by Ord. No. 10-5-15]
(3) 
Bonfires. A bonfire shall not be conducted within 50 feet (7,620 mm) of a structure or combustible material unless the bonfire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet (7,620 mm) of a structure shall be eliminated prior to ignition. The only bonfires allowed in the Borough shall be in the South Waverly Borough Hall grounds on Pennsylvania Avenue for a nonprofit organization overnight upon obtaining a permit from the Code Enforcement Officer. A bonfire on the Borough grounds shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating 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. For purpose of this chapter, a bonfire is the only ceremonial fire allowed.
B. 
Supervision. All burning devices must be attended when in use. No open burning is to occur without supervision. Any burning device discovered unattended shall result in a violation of this chapter, and the owner of the property shall be cited for failure to properly supervise the use of their property.
C. 
Setback. Recreational fire burning devices must comply with the following setback requirements. The property owner shall have two options to locate the burning device.
(1) 
The burning devices shall be no closer than 25 feet to any adjacent properties on lots that are less than 30,000 square feet.
(2) 
The burning devices shall be no closer than 50 feet to any adjacent properties on lots that are more than 30,000 square feet.
(3) 
The property owner may request that the Code Enforcement Officer locate the recreational fire-burning device closer (than the twenty-five-foot setback requirement or the fifty-foot setback requirement, whichever is applicable based on the lot size) to the boundary line, provided the Code Enforcement Officer considers the following criteria:
(a) 
The burning device shall be a safe distance from the house.
(b) 
The burning device shall be a safe distance from any structures.
(c) 
The burning device shall be a safe distance from vegetation.
(d) 
The burning device shall be a safe distance from adjoining structures and vegetation on neighbors' property.
[Added 10-5-2015 by Ord. No. 10-5-15]
A. 
A recreational fire is allowed only from 5:00 p.m. to 11:00 p.m. seven days a week.
B. 
Built-in devices must be inspected by a qualified professional, and the professional's approval provided to the Borough Code Enforcement Officer. Each device must be used in accordance with the manufacturer's recommendations and within the requirements of this permit.
C. 
Only one recreational fire site is allowed at any single-family residence. A duplex home may have one site per side.
D. 
The size of the recreational fire device's outside dimensions are not to exceed 36 inches in width, length or diameter nor 24 inches in height.
E. 
Recreational fire sites must be constantly attended by a responsible person that is 18 years of age or older until extinguished. Fires must be fully extinguished when unattended.
F. 
Location of the fire device shall be not less than 10 feet from any structure, and not less than 35 feet from any neighboring home.
G. 
Fire-extinguishing equipment shall be readily available at all times. This may be a fire extinguisher with a minimum of 2A rating, garden hose or other equipment designed for such use.
H. 
A recreational fire may be prohibited from time to time by action of any local, state or federal agency due to atmospheric conditions or local circumstances that have created hazardous or objectionable situations. The prohibition will be publicized by the local media, the Borough website, or the property owner can check with the Borough Code Enforcement Officer.
I. 
These conditions apply to all recreational fires, including gas, wood and charcoal.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added 10-5-2015 by Ord. No. 10-5-15]
A. 
A recreational fire shall only be conducted in a permanently built-in outdoor containment structure and/or a commercially available patio woodburning unit and chimenea device that will control the open burning. A fire utilizing any other source of fuel shall not be allowed. A recreational fire utilizing wood or charcoal shall obtain a permit as set forth in this chapter.
B. 
Permit must be issued to the property owner only. All renters must seek permits through the property owner. Permits are issued at no cost to the property owner.
C. 
All permits are valid upon issue for a period of three years. All permits, regardless of issue date, will expire on January 1 of the third year. For example, a permit issued in July of 2015 will expire on January 1, 2018.
D. 
A recreational fire is allowed only from 5:00 p.m. to 11:00 p.m. seven days a week.
E. 
Built-in devices must be inspected by a qualified professional, and the professional's approval provided to the Borough Code Enforcement Officer. Each device must be used in accordance with the manufacturer's recommendations and within the requirements of this permit.
F. 
Only one recreational fire site is allowed at any single-family residence. A duplex home may have one site per side.
G. 
The size of the recreational fire device's outside dimensions are not to exceed 36 inches in width, length or diameter nor 24 inches in height.
H. 
Material to be burned shall be well seasoned hard wood, commercially available fire logs and charcoal only. Wood must be cut to size that will fit completely inside the burning chamber of the unit.
I. 
The burning of items other than wood or charcoal, such as paper, cardboard, chemically treated wood, leaves, yard waste, garbage, oils, rubber, plastics, or other materials which produce excessive or noxious smoke is strictly prohibited.
J. 
Material shall be ignited with a small quantity of paper or charcoal lighter fluid only. Once lit, no additional paper or lighter fluid may be added.
K. 
Recreational fire sites must be constantly attended by a responsible person that is 18 years of age or older until extinguished. Fires must be fully extinguished when unattended.
L. 
Location of the fire device shall be not less than 10 feet from any structure, and not less than 35 feet from any neighboring home.
M. 
Fire extinguishing equipment shall be readily available at all times. This may be a fire extinguisher with a minimum of 2A rating, garden hose or other equipment designed for such use.
N. 
A recreational fire may be prohibited from time to time by action of any local, state or federal agency due to atmospheric conditions or local circumstances that have created hazardous or objectionable situations. The prohibition will be publicized by the local media, the Borough website, or the property owner can check with the Borough Code Enforcement Officer.
O. 
During the time a recreational fire is burning, the recreational fire permit must be available upon request by the Code Enforcement Officer, or designee, Fire Chief, or police officials.
A. 
The Borough of South Waverly Code Enforcement Officer or the contracting police force or any other authorized agent shall have the power and duty to enforce the provisions of this chapter.
[Amended 6-2-2010 by Ord. No. 06-02-10-02[1]]
[1]
Editor's Note: This ordinance also provided for an effective time and date of midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.
B. 
The Borough of South Waverly may issue such orders as are necessary to aid in the enforcement of the provisions of this chapter. These orders shall include, but shall not be limited to, orders requiring persons to cease unlawful open burning which, in the course of its occurrence, is in violation of any provision of this chapter; orders to take corrective action or to abate a public nuisance; orders requiring the testing, sampling, or monitoring of any open burning; or orders requiring production of information. Such an order may be issued if the Borough of South Waverly finds that any condition existing in or on the facility or source involved is causing or contributing to open burning or if the Borough of South Waverly finds that any person is in violation of any provision of this chapter.
C. 
The Borough of South Waverly may, in its order, require compliance with such conditions as are necessary to prevent or abate open burning or affect the purposes of this chapter.
D. 
The authority of the Borough of South Waverly to issue an order under this section is in addition to any remedy or penalty which may be imposed pursuant to this chapter. The failure to comply with any such orders is hereby declared to be a public nuisance.[2]
[2]
Editor's Note: Former Subsection D, pertaining to when an issued order takes effect, was repealed 9-3-2013 by Ord. No. 09-03-13-01.
E. 
If it is determined that the permit requirements for the recreational fire wood or charcoal burning unit are not being met, the recreational fire is determined to constitute a dangerous condition, or if the recreational fire is determined to be a public nuisance, which is defined as smoke emissions that are offensive to occupants of surrounding property and can be witnessed by a public official when investigated. The Code Enforcement Officer, or designee, Fire Chief, or police officials are authorized to enforce that recreational fires be immediately extinguished by the responsible party when so ordered. Two or more reported incidents in violation of this subsection may result in the revocation of the permit and/or a fine as outlined under § 176-11, Violations and penalties, of this chapter.
[Added 10-5-2015 by Ord. No. 10-5-15; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
Warning to owner for public nuisance violation.
[Added 10-5-2015 by Ord. No. 10-5-15]
(1) 
The Code Enforcement Officer, or designee, Fire Chief, or police officials may warn any person who violates the provisions of the recreational fire that causes annoyance and discomfort to persons in the Borough of South Waverly.
(2) 
The warning will consist of the delivery of a copy of this chapter to the residents in the Borough of South Waverly of any such owner, tenant, or custodian in person or by registered mail.
(3) 
Any such notice shall be in writing and shall identify and specify the residence of the owner, tenant, or custodian of the property where the recreational fire is located.
(4) 
A violation of this chapter shall be deemed to be a public nuisance and to have occurred upon a second or subsequent violation based on reported incidents of Subsection E, set forth above after the delivery of the warning.
G. 
Any party who has started or maintains a recreational fire shall pay any and all costs incurred by the Fire Department for any service-related call as a result of a fire not in compliance with these requirements, if deemed necessary by the Fire Chief or designee.
[Added 10-5-2015 by Ord. No. 10-5-15]
H. 
Any recreational fire site not in compliance with any of the terms of this permit or this chapter may, in addition to any other penalties, result in the temporary or permanent revocation of the permit.
[Added 10-5-2015 by Ord. No. 10-5-15]
I. 
Attached is a copy of the recreational fire permit application[3] and permit which will require the following certification.
[Added 10-5-2015 by Ord. No. 10-5-15]
I certify that I am the property owner for the above-named property for which I am making application for a recreational fire permit, and I also certify that all of the above information is accurate and complete. I hold the Borough of South Waverly harmless from any damages caused by my recreational fire. I have received a copy of the Borough of South Waverly Municipal Code, Chapter 176, Air Pollution; Open Burning, and understand and agree to comply with all provisions of that chapter and the recreational fire permit requirements. In addition to any other penalties authorized by law, this permit may be revoked for noncompliance with this chapter.
[3]
Editor's Note: Said application is available in the Borough office.
J. 
The Borough of South Waverly, by virtue of granting a permit to the homeowner, does not warrant or make any representation regarding the quality or safety of the outdoor containment structure. The Borough does not assume any liability for the quality or safety of the outdoor containment structure. The purpose of issuing a permit is to inform the homeowner of the provisions of this chapter and to verify the location of the outdoor containment structure on the homeowner's property.
[Added 10-5-2015 by Ord. No. 10-5-15]
A. 
Whenever the enforcing officer finds that open burning is occurring in the Borough of South Waverly, other than those exceptions noted in § 176-5 above, the enforcing officer may order the owner or operator to take corrective action in a manner satisfactory to the Borough of South Waverly, or the enforcing officer may order the owner or operator to allow access to the land by the enforcing officer or a third party to take such action.
B. 
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order of recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to the corrective action, the Borough of South Waverly may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 176-11 of this chapter.
[Amended 9-3-2013 by Ord. No. 09-03-13-01]
A. 
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bradford County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition, the Borough can request a restitution from the violator for the cost to investigate and the expenses of abatement to the Borough for the enforcement of this chapter.[1]
[1]
Editor's Note: Original § 30-10 of the 1992 Code, Civil penalties, was repealed 9-3-2013 by Ord. No. 09-03-13-01.
[Amended 9-3-2013 by Ord. No. 09-03-13-01]
A violation of this chapter or of any order issued by the Borough of South Waverly under this chapter shall constitute a public nuisance. The Borough of South Waverly shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough of South Waverly may recover the expenses of abatement following the process for assessment and collection of a restitution contained in § 176-11. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.