[HISTORY: Adopted by the Borough Council of the Borough of Elverson as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-1995 by Ord. No. 95-2; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
It is hereby adopted by the Borough Council of Elverson, Pennsylvania, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the BOCA National Fire Prevention Code, Ninth Edition, as published by the Building Officials and Code Administrators International and updated every three years.
B. 
Pursuant to 25 Pa. Code § 129.14, no person may permit the open burning of material in an air basin. The Borough is located in Chester County, which is part of the Southeastern Pennsylvania Air Basin. Open burning is prohibited in the Borough, other than the seven items set forth as exceptions in 25 Pa. Code § 129.14(c), as follows:
(1) 
A fire set to prevent or abate a fire hazard, when approved by the Department and set by or under the supervision of a public officer.
(2) 
Any fire set for the purpose of instructing personnel in firefighting, when approved by the Department.
(3) 
A fire set for the prevention and control of disease or pests, when approved by the Department.
(4) 
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
(5) 
A fire set for the purpose of burning domestic refuse, when the fire is on the premises of a structure occupied solely as a dwelling by two families or less and when the refuse results from the normal occupancy of the structure.
(6) 
A fire set solely for recreational or ceremonial purposes.
(7) 
A fire set solely for cooking food.
Any person who violates or permits a violation of this article 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 article 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 article in equity in the Court of Common Pleas of Chester County.
All former ordinances or parts thereof conflicting or inconsistent with the provisions of this article or of the code hereby adopted are hereby repealed.
The Borough Council of the Borough of Elverson hereby declares that should any section, paragraph, sentence or word of this article or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the Borough Council of the Borough of Elverson that it would have passed all other portions of this article independent of the elimination herefrom of any such portion as may be declared invalid.
This article shall take effect and be in force from and after its approval as required by law.