Township of North Franklin, PA
Washington County
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[HISTORY: Adopted by the Board of Supervisors of the Township of North Franklin 5-16-2000 by Ord. No. 13-2000 (Ch. 7, Part 7, of the 1988 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of North Franklin.
CONTAINER FIRE
Open fires, set for the purpose of burning paper products, in a receptacle other than a furnace.
FURNACE
Any enclosed device specifically designed for burning any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
OPEN FIRE
A fire in which any material is burned in the open or outside a structure, including smoldering fires.
PERSON
Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
RECREATIONAL BURNING
An outdoor fire utilized for ceremonial purposes; an outdoor fire utilized to cook food for human consumption.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive, including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior paper, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
Any business, trade or industry engaged, in whole or in part, in salvaging or reclaiming.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials, provided that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.
ZONING OFFICER
The duly appointed Zoning Officer of North Franklin Township.
[Amended 5-16-2000 by Ord. No. 13-2000]
The Board of Supervisors of the Township shall delegate the power and duty to enforce the provisions of this chapter to the police officers and Zoning Officer of the Township.
No person, corporation or business enterprise shall:
A. 
Ignite or feed an open fire for the destruction of refuse or in violation of any regulation set forth in this chapter.
B. 
Ignite or feed an open fire in the conduct of a salvage operation in any public or private place outside any building.
C. 
Cause, suffer, allow or permit the ignition, feeding or maintenance of any open fire for the destruction of refuse, rubbish and trade waste or in the conduct of a salvage operation anywhere outside a building.
D. 
No person shall leave any open fire that is burning or smoldering unattended.
E. 
No burning shall be conducted, unless by permit, on Sundays and the holidays of:
(1) 
New Year's Day.
(2) 
Easter.
(3) 
Memorial Day.
(4) 
Fourth of July.
(5) 
Labor Day.
(6) 
Thanksgiving.
(7) 
Presidents' Day.
(8) 
Martin Luther King's birthday.
(9) 
Christmas.
(10) 
Veterans Day.
F. 
No fire shall be set on any street or sidewalk.
G. 
A fire of any type must be set and maintained so as to not create a hazardous condition or endanger persons or property.
H. 
No person shall set or maintain a fire approved by permit in violation of the hours and dates established on the permit or any other stipulation put on said permit.
A. 
All fires not required to have a permit and permissible under this chapter shall be set in an approved-type container for the purpose of burning paper products only.
B. 
Containers for igniting a fire shall not exceed the size of a 55 gallon drum. Containers shall not sit fewer than 12 inches off the ground and shall be constructed so as to allow the fire to be ventilated from below the container. Containers will be covered by a wire mesh while in use. Said wire mesh shall not have openings exceeding two inches square.
C. 
All container fires that may be set without a permit shall be set only between the hours of 9:00 a.m. and 5:00 p.m. on Tuesdays and Saturdays.
[Amended 4-10-2018 by Ord. No. 2-2018]
D. 
All container fires must be set away from any lot line according to the following guidelines:
(1) 
All fires shall be located in an area to be centered between the side yard lines of any property and 10 feet from the rear yard lot line of any property.
E. 
All container fires set by permit must be set and maintained so as to not directly create a hazard to persons or property.
A. 
Open fires may be set in or out of a container by Fire Department members or Police Department members during the performance of their official duties, to include the following:
(1) 
Prevent a fire hazard that cannot be abated by other means.
(2) 
The protection of public health and safety.
(3) 
Training in the performances of their duties.
B. 
Open burning and/or container fires, without a permit, are permitted for the purpose of burning brush and clearing of land on property used for agricultural purposes only.
A. 
Any person wishing to set a fire outside of the regulations set in § 129-4 of this chapter may apply for a permit to do so. Such permit may be issued for recreational purposes or for the clearing of land.
B. 
Permits will be applied for through the Township Secretary or person acting in his/her place. Said application will be in any form set by the Township Secretary. Permits may be applied for and issued during normal Township business hours.
C. 
A recreational burning permit may be for any day of the week and may include holidays. A recreational permit will be good for anytime between the hours of 9:00 a.m. and 12:00 midnight. There will be no recreational burning between the hours of 12:00 midnight and 9:00 a.m. Said fires may be set in or out of a container but shall be set as not to endanger persons or property.
[Amended 10-16-2001 by Ord. No. 29-2001]
(1) 
The use of patio and/or other outdoor burners are exempt from the regulation of recreational burning permits, provided the patio and other outdoor burners are used as follows:
(a) 
Burning occurs within the hours of 9:00 a.m. to 12:00 midnight;
(b) 
No structures are burned;
(c) 
The burning area does not exceed eight feet in diameter;
(d) 
Burning is conducted in a safe and responsible manner;
(e) 
No accelerants are used to start or maintain burning;
(f) 
No hazardous materials are burned, such as construction materials, plastics, garbage, shingles, treated wood or other such material.
D. 
"Grubbing" permits or permits to burn off vegetation on land for the maintenance of the land or for preparation of construction projects may be set by permit only. Said permits will be good on Tuesdays and Saturdays only. They will be for the hours between 9:00 a.m. and 5:00 p.m. only.
E. 
All fires set by permit must be attended at all times.
F. 
All fires, whether set by permit or not, must be set away from any lot line according to the following guidelines:
(1) 
All fires shall be located in an area to be centered between the side yard lines of any property and 10 feet from the rear yard lot line of any property.
G. 
All fires must be set and maintained so as to not directly create a hazard to persons or property.
A. 
The Township Supervisors, Fire Chief, Zoning Officer, Chief of Police, or their designee, may revoke or suspend a burning permit for any reason he/she may deem reasonable, for the safety of persons or property.
B. 
A fire which is set by permit, or otherwise, may be ordered to be extinguished immediately by the Township Board of Supervisors, Fire Chief, Zoning Officer, Chief of Police and police officers. Anyone who refuses to extinguish said fire shall be considered to be burning in violation of this chapter. Any of the above officers ordering the extinguishment of a fire, who does not obtain compliance to his order, may extinguish the fire or cause the Fire Department to extinguish said fire. The person who set the fire shall be responsible for any cost arising from the extinguishing of the fire.
C. 
Persons who obtained a permit, but subsequently had it suspended or were cited by any of the above officers, may reapply for the reinstatement of the permit to the Board of Supervisors or Zoning Officer, who will then either order the permit reinstated, with or without stipulation, or uphold the suspension of the permit or issue a revocation. A person who has had a permit revoked may not apply for further burning permits for a period of one year from the date of revocation.
Any person violating any of the provisions of this chapter shall, upon the conviction thereof by any Magisterial District Judge, be sentenced to a pay a fine of not less than $500; for the second offense and subsequent violations, shall be fined $1,000. Each day a violation exists shall constitute a separate offense. In default in the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding 30 days.