§ 90.05  REGULATIONS.
   After September 5, 2001, no person may be permitted the open burning of material, with the exception of the following:
   (A)   On Tuesday, Thursday and Saturday from 7:00 a.m. until 7:00 p.m. of each week and/or at such other days and times as may be designated by the Board of Supervisors from time to time when they deem the same necessary for the purpose of burning only nonrecyclable paper, corrugated paper and nonrecyclable cardboard (cereal boxes) when the fire is on the premises of any structure occupied solely as a dwelling by two families or less and only when such refuse results from normal occupancy of said structure; and
   (B)   All open burning requires adult supervision and no fire will be left unattended.
      (1)   Any and all open burning of material shall be done in an approved container such as a metal barrel or concrete enclosure for any material burned pursuant to divisions (B)(7) and (B)(8) below, which must conform to DEP standards and to the following.
         (a)   Said container shall be within reach of an operating water faucet and/or operating garden hose and shall be placed on privately owned property, but in no event shall said container be placed closer than 15 feet from the property line of the person so burning.
         (b)   Said container shall be at least 15 feet from any dwelling or structure, whether inhabited by humans or not.
         (c)   Said container shall not be placed on or near any combustible material nor on the surface of any public street or road.
      (2)   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.
      (3)   Any fire set for the purpose of instructing personnel in firefighting, when approved by the Department of Environmental Protection’s Regional Air Quality Program Office.
      (4)   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.
      (5)   A fire set for the purpose of burning clearing and grubbing waste.
         (a)   If within an air basin, an air curtain destructor must be used and must be approved by the Department of Environmental Protection’s Regional Air Quality Program Office.
         (b)   Clearing and grubbing waste may be burned subject to the following requirements.
            1.   A permit to burn clearing and grubbing waste must be obtained from the township.
            2.   Upon receipt of a complaint or determination by the Township Ordinance Enforcement Officer that an air pollution problem exists, the Ordinance Enforcement Officer may order that the open burning cease.
            3.   Clearing and grubbing waste cannot be transported for the purpose of burning from one area of the township to another or be transported into the township from any other municipality.
      (6)   A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
      (7)   A fire set solely for cooking food. For the purposes of this chapter, the cooking of food on or by charcoal or propane gas shall not be considered open burning so long as the grills meet federal and state safety standards.
      (8)   A fire set solely for recreational or ceremonial purposes.
      (9)   All other open burning is prohibited.
      (10)   Fire ban emergency.
         (a)   The Board of Supervisors may declare a fire ban emergency in the township with or without consultation with the Fire Chiefs of the volunteer companies operating within the township during a period of drought or other periods of high fire risk to woodlands or property within the township.
         (b)   Upon the Board of Supervisors declaring a fire ban emergency, all outdoor burning or fire shall be prohibited until the ban is lifted by the Board of Supervisors.
         (c)   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.
(1987 Code, § 42-5)  (Ord. 7-2001, passed 9-5-2001)  Penalty, see § 10.99