ORDINANCE NO. 3 of 2023
TOWNSHIP OF BLAINE
WASHINGTON COUNTY, PENNSYLVANIA
AN ORDINANCE OF THE TOWNSHIP OF BLAINE, WASHINGTON COUNTY, PENNSYLVANIA, PROVIDING FOR AND REGULATING THE USE OF OPEN FIRES AND BURNING BY THE ESTABLISHMENT OF SPECIFIC REGULATIONS, EXCEPTIONS, AND DEFINITIONS, DESIGNATING AN ENFORCEMENT OFFICER AND PRESCRIBING PENALTIES FOR VIOLATION.
WHEREAS, Blaine Township is enacting an Ordinance that shall be known as the “Blaine Township Burning Ordinance of 2023”, establishing regulations governing outside burning of materials in the Township and prohibiting specified actions and omissions; and
WHEREAS, the Blaine Township Board of Supervisors are concerned about the detrimental effects that open burning may have on its residents; and
WHEREAS, the Blaine Township Board of Supervisors believes it to be in the best interest and welfare of its residents to enact this Blaine Township Burning Ordinance of 2023; and
WHEREAS, the Commonwealth of Pennsylvania has adopted legislative acts making burning of certain recyclable and/or hazardous materials illegal in the Commonwealth and charged Municipalities with obligations to enforce said act; and
NOW THEREFORE, pursuant to the authority conferred upon it by the Pennsylvania Second Class Township Code as amended, the Blaine Township Board of Supervisors, Washington County, Pennsylvania, does hereby ENACT and ORDAIN the following:SECTION 1. SHORT TITLE
This Ordinance shall be known and cited as the “Blaine Township Burning Ordinance of 2023″.
SECTION 2. PURPOSE
The purpose of this Ordinance is to provide for greater control and more effective regulation of excessive levels of smoke, air pollution and sources of excessive smoke within the Township. It is the opinion of the Board of Supervisors that excess levels of smoke and air pollution are detrimental to the physical, mental and social well being of its residents as well as to the comfort, living conditions, general welfare and safety thereof.
SECTION 3. DEFINITIONS
3.1 – CONTAINED FIRE: Any fire contained in a fireplace or other contained enclosure designed for outdoor cooking.
3.2 – FURNACE: Any enclosed device specifically designed for burning any material for the production of heat.
3.3 – GARBAGE: All decaying animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
3.4 – INCINERATIOR/NON-COMBUSTIBLE CONTAINER: Any device specifically designed for the destruction by burning of Refuse, sewage sludge, or any combustible material.
3.5 – LEAVES: Leaves normally gathered by raking, vacuuming, blowing, or other methods that have fallen from trees due to seasonal change or death of a tree.
3.6 – OPEN FIRE: A fire in which any material is burned in the open or in a receptacle other than a furnace, incinerator, or non-combustible container as described under the “Contained Fire” definition.
3.7 – PERSON: Any individual, partnership, association, corporation, department, bureau, agency or legal entity
3.8 – RECREATIONAL FIRE – Any fire used in connection with camping, cooking, picnicking, or other commonly accepted recreational activity and shall not include the mere burning of logs, trees, lumber, or other such materials. Recreational Fires must be clearly used for the said purpose at the time of observation.
3.9 –. REFUSE: Garbage, Rubbish and trade waste
3.10 –. RESPONSIBLE ADULT: An individual 18 years of age, or older, who is not under the influence of drugs or alcohol, or suffering from any other disability which would impair his or her ability to properly supervise a fire.
3.11 –.RUBBISH: Solids or liquids not considered to be highly flammable or explosive, including but not limited to, rags, old clothes, leather, rubber, carpets, excelsior, ashes, furniture, tin cans, used oil, glass, crockery, masonry, plastics, recyclable items, and other similar items
3.12 – SALVAGE OPERATIONS: Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to metals, chemicals, shipping containers or drums.
3.13 – TOWNSHIP: Blaine Township, Washington County, Pennsylvania.
3.14 –. 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 mining or preparation of coal.
3.15 – YARD AND GARDEN TRIMMINGS: Leaves still on the branch, garden residue, tree and shrubbery trimmings, and similar materials including grass clippings.
SECTION 4. REGULATIONS
4.1 No person shall ignite or contribute to an Open Fire in the conduct of a Salvage Operation in any public or private place.
4.2 No person shall ignite or contribute to an Open Fire of Refuse, Garbage, Rubbish, Leaves and/or Yard and Garden Trimmings.
4.3 Open Fires should be limited to those materials produced on the property or properties on which the Open Fire is taking place. Hauling materials from off-site to burn within the Township is strictly forbidden.
4.4 No person shall cause, suffer, allow or permit the maintenance of any fire during days considered high wind days.
4.5 All fires must be extinguished thoroughly with no smoldering before leaving the area of fire unattended.
4.6 No burning is allowed during a Fire Ban Emergency, as proclaimed by Washington County Emergency Management or the Blaine Township Board of Supervisors or Commonwealth Regulatory Official
4.7 In cases where smoke and/or hot ashes blow directly into windows and/or roofs of adjacent homes, smoke shall be cleared or fire shall be extinguished.
4.8 Open Fires and Recreational Fires shall be at a minimum of Twenty Five (25’) Feet from any structure regardless of whether it is occupies, unoccupied, residential or commercial.
SECTION 5. EXCEPTIONS
5.1 Uncontained or Open Fires may be set for performance of an official duty of any public officer, if the fire is necessary for:
a. The prevention of a fie hazard which cannot be abated by other means;
b. The protection of public health; and/or
c. The purpose of fire-fighting training by the Township designated firefighting organization, if such training is commenced in accordance with Pennsylvania state law.
SECTION 6. COMMERCIAL BURNING
Burning for commercial purposes is permitted only where the business is authorized by and possesses a valid Pennsylvania DEP Permit for said burning.
SECTION 7. AGRICULTURAL BURNING
In agricultural zones and in agricultural uses regardless of zone, burning consistent with normal agricultural operation (see PA ACT 133 “Right to Farm”) shall be excluded from regulation.
SECTION 8. UNLAWFUL SUBSTANCES
8.1 Burning of Rubbish, Garbage/Refuse, Leaves, Yard and Garden Trimmings ( including grass clippings), construction debris, aerosol cans, by-products of manufacturing and processing operations, and wastes from commercial operations is strictly prohibited.
8.2 Burning of any Trade Waste from businesses operating inside or outside of the Township is strictly prohibited. This shall not be construed to prohibit the burning of brush or wood by a business operating within the Township so long as such burning conforms to all other sections of this Ordinance and all other state or federal burning regulations.
8.3 Nothing herein shall be construed to permit or encourage the burning of any substance determined by the Commonwealth of Pennsylvania, Department of Environmental Protection, or the United States Environmental Protection Agency to be a hazardous substance; nor shall any fire be permitted to burn by any persons if such burning is in violation of the Air Pollution Control Act or other legislation by the Commonwealth of Pennsylvania or the United States of America or any of their legislative agencies.
SECTION 9. FIRE BAN EMERGENCY
The Township Board of Supervisors, Code Enforcement Officer, Washington County Emergency Management, and/or Commonwealth Regulatory Official may declare a Fire Ban Emergency in Blaine Township with or without consultation with the fire chief of the local volunteer fire company operating within the Township during a period of drought, or other periods of high fire risk to woodlands or property within Blaine Township.
Upon the Township Board of Supervisors declaring a Fire Ban Emergency, all outdoor burning or fires shall be prohibited until the ban is lifted by the Township Board of Supervisors or aforementioned official.
The Township shall publish a notice of the Fire Ban Emergency at least once in a local newspaper of general circulation. In addition, the Township may issue news releases to all communication media, including radio, television and newspapers.
SECTION 10. FIRE DEPARTMENT AUTHORITY
The Township Fire Department, or other fire department if the situation necessitates, whether called upon by the Code Enforcement Officer, Pennsylvania State Police, or a citizen of the Township or citizen located in the Township, shall have the authority to enter the property of any person who burns a fire in violation of this Ordinance for the purpose of extinguishing the fire.
SECTION 11. ENFORCEMENT
The Township Board of Supervisors shall appoint the Code Enforcement Officer who shall have the power to enforce the provisions of this ordinance.
SECTION 12. PENALTIES
It shall be unlawful to burn, ignite, incinerate, maintain or otherwise permit the burning of any materials whatsoever without complying with the requirements of this Ordinance.
Any person who shall violate any of the provisions of this Ordinance shall, upon conviction in a summary proceeding brought in the name of the Township, before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not more than $600.00, and the costs of prosecution, and in default of payment, to imprisonment for a term of not to exceed 90 days, provided that each day’s violation of any of the provisions of this Ordinance shall constitute a separate offense.
SECTION 13. NUISANCE
Any fire set, maintained, or permitted to smolder in violation of this Ordinance is hereby declared to be a nuisance and shall be abatable as such by an appropriate legal action.
SECTION 14. ADDITIONAL COSTS
14.1 In the case of a fire requiring fire fighters and/or equipment and upon conviction of any violation of this Ordinance, the violator shall also pay charges in order to cover the firefighting costs. Charges shall be assessed for the use of the following firefighting equipment.
a. Fire apparatus, pumpers, and/or tankers;
b. Brush busters. Brush busters are all-wheel-drive vehicles equipped for off-road or wooded area use with a water tank of at least five hundred (500) gallons capacity and an appropriate size pump;
c. Chains saws;
d. Fire personnel man-power and any other equipment used.
14.2 Additional labor charges shall be assessed under this Ordinance based upon an hourly rate for all firemen engaged in the fire fighting activities, if applicable.
14.3 The Township Board of Supervisors shall determine, by resolution, a reasonable schedule of costs based upon mileage, operating costs, and firefighting equipment and man hours. These charges shall be in addition to and not in lieu of any penalties provided elsewhere in this Ordinance.
SECTION 15. REPEALER
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
SECTION 16. SEVERABILITY
If any sentence, clause, section, or part of this Ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. It is hereby declared as the intent of the Township Board of Supervisors that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
SECTION 17. EQUITABLE AND OTHER REMEDIES
No penalty herein shall prevent the Township from enforcing this Ordinance by equitable injunctive relief or other remedies through the Court of Common Pleas of Washington County.
SECTION 18. MUNICIPAL LIABILITY
The Township Board of Supervisors, and its agents, individual supervisors, officials, employees, and representatives shall not under any circumstances be liable or responsible for damages caused to any person or property by reason of the issuance of any permit under the provisions of this Ordinance, or by reason of the conduct of any burning activity in compliance or noncompliance with the terms and provisions hereof. The person, persons, company or companies responsible for any such fire and the permit holder shall bear sole liability for any damages caused as a result thereof.
SECTION 19. EFFECTIVE DATE
This Ordinance shall be effective upon passage or as otherwise provided by law.
DULY ENACTED AND ORDAINED on this _ day of _____,
2023, by the Board of Supervisors of Blaine Township, Washington County, Pennsylvania, in
lawful session duly meeting.
ATTEST: BLAINE TOWNSHIP
BOARD OF SUPERVISORS
_________________ By: ______________________
Janice M. Carroll, Secretary/Treasurer Fred Moore, Chairman
By: __________________________________
Randy Sochor, Vice Chairman
By: _________________________________
Robert Logsdon, Supervisor