NOTICE

Delaware County Council Enacts 30-Day Countywide Burn Ban in Response to Increased Fire Risk

Delaware County Council has voted to pass Resolution #2024-3, establishing a temporary, countywide ban on open burning. The burn ban takes effect on November 7, 2024, and will remain in place for 30 days unless extended.

This proactive measure, passed by unanimous vote during the November 6, 2024, Regular Council Meeting, responds to heightened wildfire risks due to ongoing dry conditions, strong winds, and fluctuating temperatures, which have significantly increased fire danger across the region.

Details of the Burn Ban

The burn ban prohibits all forms of open burning, which includes any outdoor burning of materials such as garbage, leaves, grass, twigs, paper, vegetation from land clearing, and any other debris. Open burning is defined as burning conducted in burn barrels (screened or unscreened), fire rings, or directly on the ground in any outdoor location.

The following exceptions are not restricted under this temporary ban:

• Propane or gas stoves for outdoor cooking
• Charcoal grills for cooking purposes
• Tobacco use in any form, such as cigarettes and cigars
• Campfires contained within fire rings at state, federal, or Department of Environmental Protection licensed campgrounds

Enforcement and Fines

Enforcement of the burn ban will be carried out by all sworn police officers across Delaware County. Violations of the burn ban are treated as a summary offense, with the following fine structure:

• First Offense: A fine of up to $100
• Second Offense: A fine of up to $200
• Third and Subsequent Offenses: A fine of up to $300

In municipalities that have existing ordinances prohibiting open burning, police officers have the discretion to issue citations under either the municipal ordinance or the County’s burn ban resolution. Please note that violators cannot be cited under both the County resolution and a local ordinance for the same infraction.

Below are details regarding open burning and outdoor portable fireplaces when a burn ban is not in place. 

Open Burning / Outdoor Portable Fireplaces

Reference Upper Darby Code Section: Chapter 302 

International Fire Code (2015) Section 307

ISSUE:

Members of our community have questioned the use of outdoor fireplaces. The intent of this notification is to establish the types of outdoor fireplaces that are permitted and fire safety requirements for their use.

DISCUSSION:

Portable outdoor burning devices, commonly known as outdoor or patio fireplaces or Chimenea, designed to burn wood, other combustible materials or propane are being used by residents in their yards for ambience (effect) and to provide a small amount of warmth. They are sold at hardware, department and home improvement stores.

Portable outdoor fireplaces are manufactured in various shapes and sizes and are usually constructed of metal, concrete, or clay (See pictures below for examples). All the fireplaces designed to burn combustible materials have an opening at the side or top to place the fuel into the device, and some have a stack or chimney. The fireplaces fueled by propane are similar in design to those burning combustible materials but have a propane cylinder integrated into the unit below the burner. We recommend using the smokeless type of fireplace if possible due to the close proximity of the homes in our area. This will assure that any of the neighbors or community members in the area are not affected by the smoke. 

DIRECTION:

The Code of Ordinances of the Township of Upper Darby, §302-2, from the International Fire Code (2015) §307.

Portable outdoor fireplaces will be permitted only when in conformance with the following requirements or the manufacturer's instructions in any instance where those instructions are more restrictive:

• Portable outdoor fireplaces shall be completely enclosed (solid material or heavy-duty screening or both) with or without a stack or chimney, but those burning combustible materials shall have a screen at the top to prevent large embers that may cause a fire from escaping into the atmosphere. All materials shall be in good repair and safe condition.
• Portable outdoor fireplaces designed to burn combustible materials shall use an appropriate type of fuel such as non-pressure-treated wood, charcoal or fireplace logs. Propane units shall use only propane. No waste material or any material that is likely to cause excessive smoke or noxious odors shall be used. The amount of fuel in use shall not exceed the safe capacity of the device.
• Portable outdoor fireplaces shall be at least 15 feet from a structure, including decks and balconies, or combustible material. Their placement shall be stable and reasonably level to make tipping unlikely. They shall not be used on a deck, within any tent, or on or under any roof.
• Portable outdoor fireplaces shall be constantly attended to until the fire is extinguished.

Prohibited Open Burning

307.1.1 Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous.

• Exception: Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official.

EXTINGUISHMENT:

307.3 Extinguishment authority. Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation. Open burning, bonfires, recreational fires, and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.

Examples

International Fire Code

Chapter 3 General Requirements

SECTION 307

OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES

307.1 General

A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.5.

307.1.1 Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous.

Exception: Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official.

307.2 Permit required.

A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.

307.2.1 Authorization.

Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.

307.3 Extinguishment authority.

Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation.

307.4 Location.

The location for open burning shall be not less than 50 feet (15 240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15 240 mm) of any structure.

Exceptions:

1. Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.
2. The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.

307.4.1 Bonfires.

A bonfire shall not be conducted within 50 feet (15 240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet (15 240 mm) of a structure shall be eliminated prior to ignition.

307.4.2 Recreational fires.

Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.

307.4.3 Portable outdoor fireplaces.

Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.

Exceptions: Portable outdoor fireplaces used at one- and two-family dwellings.

307.5 Attendance.

Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.