[HISTORY: Adopted by the Borough Council of the Borough of Schwenksville 8-11-1994
by Ord. No. 267. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Schwenksville Borough
Open Burning Ordinance of 1994."
The following words, terms and phrases, when used in this chapter, unless
the context clearly indicates otherwise, shall have the following meanings
respectively ascribed to them:
Borough Council of the Borough of Schwenksville, Pennsylvania.
Any duct, passage, stack, chimney or conduit permitting air contaminants
to be emitted into the open air.
All putrescible animal and vegetable matter resulting from the handling,
preparation, cooking and consumption of food.
That property of a substance which affects the sense of smell.
Any unclosed fire wherein air contaminants, including smoke and/or
odor, are emitted to the open air and are not directed thereto through a flue.
Any individual, partnership, association, syndicate, company, firm,
trust, corporation, or other entity recognized by law as the subject of rights
and duties, including any governmental agency.
The burning of natural wood in a manufactured, freestanding fire pit/ring or outside stove not exceeding three feet in diameter, which burning meets the criteria set forth in § 59-4E(11) of this chapter.
[Added 11-11-2004 by Ord. No. 324]
Garbage, rubbish and trade waste.
Solids not considered to be highly flammable or explosive including
but not limited to rags, old clothes, leather, rubber, carpets, wood excelsior,
paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans,
glass, crockery, masonry and other similar materials.
Salvaging or reclaiming of any produce or material, including but
not limited to, metals, chemicals, shipping containers or drums.
Extremely small solid particles produced by incomplete combustion
of organic substances and includes, but is not limited to, fly ash, cinders,
tarry matter, unburned gases, soot or carbon and gaseous combustion products.
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, however, that trade waste shall not include
any coal refuse associated with the mining or preparation of coal.
The Schwenksville Borough Fire Marshal and the Schwenksville Police
Department shall have the powers and duties to:
A.
Enforce the provisions of this chapter and the rules
and regulations contained therein;
B.
Receive and initiate complaints or violations of the
regulations of this chapter;
C.
In accordance with law, enter and inspect any building,
property, premise or place for the purpose of investigating an actual or suspected
source of open burning or for the purpose of ascertaining the compliance or
noncompliance with any regulation of this chapter.
D.
Have access to and require information pertinent to any
matter under investigation.
E.
Send written notice of any violation of this chapter
to the person responsible for the violation.
F.
Attend all meetings of the Borough Council if requested
and file a written report of the violation of any regulation of this chapter.
G.
Institute prosecution for violation of the regulations
of this chapter.
A.
No person shall conduct a salvage operation or destroy
refuse by open burning. Exceptions shall be as follows:
(1)
Any fire set to prevent or abate a fire hazard, when
approved by the Department of Environmental Protection and when set by or
under the supervision of a public officer;
(2)
Any fire set for the purpose of instructing personnel
in fire fighting, when approved by the Department of Environmental Protection;
(3)
Any fire set for the prevention and control of disease
or pests, when approved by the Department of Environmental Protection;
(4)
Any fire set for the purpose of burning domestic refuse,
when the fire is on the premises of any structure occupied solely as a dwelling
by two families or fewer and when such refuse results from the normal occupancy
of said structure.
B.
No person shall cause, suffer or permit any open burning
operation whatsoever if said open burning operation is contrary to § 129.14,
Chapter 129, of Title 25, Rules and Regulations of the Department of Environmental
Protection.
C.
No person shall in any manner, hinder, delay, obstruct,
resist, prevent, or in any way interfere with the Fire Marshal or his assistants
in the performance of their duties hereunder, or refuse such personnel, after
proper identification, entrance at reasonable hours to any premises.
D.
No person shall fail, neglect, or refuse to comply with
any written abatement notice served on such premises, either personally, or
by registered or certified mail issued by the Fire Marshal of the Borough
of Schwenksville. Such notice shall set forth a violation of this chapter
and a time within which the violation is to be abated. Any person receiving
such abatement notice may obtain an extension of time to comply therewith
by making application to, and obtaining the approval of, the Schwenksville
Borough Council.
E.
Open burning safety regulations. Any open burning authorized
under this chapter shall be conducted in accordance with the following safety
regulations:
(1)
Prior to conducting any type of open burning, a Borough
resident shall apply at the Borough office for an open burning permit. Only
after said permit is issued by the Fire Marshal may an open burning be conducted.
A fee for the permit shall be set by resolution of the Council.
(2)
The duration of the permit shall be 30 days, unless otherwise
extended by the Fire Marshal.
(3)
Before conducting any burning, all residents shall notify
the County Fire Board at 1-610-287-6911, stating their name, address and phone
number; after the burning, resident must again notify the Board that burning
is finished.
[Amended 1-13-2005 by Ord. No. 327]
(4)
Only yard waste, including leaves, twigs, shrub trimmings
small branches and like vegetation shall be burned. Open burning of lumber,
pallets, wood shingles, scrap wood, cardboard, paper, garbage, and other similar
items is not permitted.
[Amended 11-11-2004 by Ord. No. 324]
(5)
Open burnings shall be conducted at a distance not less
than 50 feet from any structure and no less than 25 feet from any power line,
phone line, overhead tree branch and such.
(6)
All yard waste materials intended for burning must be
in such a condition of dryness that they will readily ignite and be burned
with a minimum of smoke, gases and airborne particles.
(7)
Piles of materials to be burned shall be kept at a size
where burning can be readily controlled. In no case shall such piles exceed
five feet in any direction.
(8)
Burning is only permitted between sunrise and sunset.
All fires shall be completely extinguished, including smoldering embers, prior
to sunset on the same day in which ignited.
(9)
Burning of domestic yard waste shall be constantly supervised
by a responsible adult over 18 years of age. During such burning, a water
hose attached to an operable water faucet shall be of sufficient length so
that it is capable of extending at least 15 feet beyond the site of the burning.
[Amended 1-13-2005 by Ord. No. 327]
(10)
Burning shall not be permitted during any period of strong
winds, drought or weather inversion (i.e., hazardous air quality conditions),
or during any other situation deemed hazardous or objectionable by the Fire
Marshal, Fire Chief or a law enforcement officer. If such hazardous or objectionable
conditions develop during a day when burning is being conducted, existing
permits may be canceled by the Fire Chief, Fire Marshal or a law enforcement
officer. Upon notification that a hazardous or objectionable condition has
developed, all burning shall cease and the resident shall extinguish the active
fire, including embers thereof.
(11)
Recreational burning is permitted in residential areas without
a Fire Department permit only under the following circumstances:
[Added 11-11-2004 by Ord. No. 324]
(a)
Only natural firewood cut in short lengths less than two feet
may be burned.
(b)
The fire must be contained in a manufactured freestanding fire
pit/ring or an excavated pit not exceeding three feet in diameter.
(c)
All fire rings or pits must be located a minimum of 25 feet away
from any structures or combustibles such as houses, garages, sheds, propane
tanks, wood piles and wooden fences. Manufactured freestanding fire pits must
be located a minimum of 10 feet away from any structures or combustibles such
as houses, garages, sheds, propane tanks, wood piles and wooden fences.
(d)
The fire must be constantly attended and supervised by an adult
until the fire has been completely extinguished.
(e)
A connected garden hose or other means to extinguish the fire
must be readily available.
(f)
The use of flammable or combustible liquid accelerants is not
permitted.
(g)
Recreational fires are not permitted on windy days when the smoke
may create a nuisance for nearby neighbors.
(h)
Recreational burning is not permitted on commercial or industrial
sites, or sites with construction activities.
(i)
Police and Fire Department officers are authorized to require
that any fire be immediately extinguished and discontinued if it is determined
that the fire is not in compliance with the above rules, the smoke is offensive
to nearby neighbors, or the burning is determined to constitute a hazardous
condition.
A.
Violation of any of the foregoing provisions shall constitute
a summary criminal offense punishable for each offense by a maximum fine of
$1,000, plus costs of prosecution, and, in default of payment of such fine
and costs, by imprisonment for not more than 30 days. Each day that a violation
exists shall constitute a separate offense.
B.
The Fire Marshal may institute an action in equity for
an injunction to restrain continuous violations of the chapter in the event
the Fire Marshal has issued an abatement notice which is being violated and
which is not then the subject of judicial review.
