THE COUNTY OF CHESTER COMMONWEALTH OF PENNSYLVANIA RESOLUTION No. BOC-52-24

RESOLUTION OF THE CHESTER COUNTY COMMISSIONERS ESTABLISHING A BAN ON OPEN BURNING IN CHESTER COUNTY, PENNSYLVANIA

WHEREAS, The County Commissioners are desirous of providing for the health, safety, and welfare of the citizens of Chester County; and

WHEREAS, Significant brush and woods fires have occurred, and the wildfire potential is currently very high throughout Chester County due to the combination of drought, dry fuels, winds, and fluctuating temperatures, presenting a clear and present danger to life or property in Chester County; and

WHEREAS, The District Forester, on behalf of the Department of Conservation & Natural Resources, after having received or solicited verbal requests from at least ten Fire Chiefs within Chester County, has provided written recommendation and request for the imposition of a temporary countywide burn ban on open fires in Chester County due to the serious threat to life and property the fire potential poses; and

WHEREAS, Emergency measures are required to reduce the severity of this danger in order to protect the health, safety, welfare, and property of the citizens of Chester County.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF CHESTER, PENNSYLVANIA, pursuant to the

provisions of Act 1995-52 and Section 7501 of the Pennsylvania Emergency Management Services Code (35 Pa. C.S.), as amended, does hereby establish a temporary 30-day countywide ban on any and all open outdoor burning. The burn ban shall supersede any municipal ordinance to the contrary while it is in effect.

Open burning is hereby defined as the ignition and subsequent burning of any combustible material (garbage, leaves, grass, twigs, litter, paper, vegetative matter involved with land clearing, or any sort of debris) out-of-doors either in a burn barrel (screened or unscreened), fire ring, or on the ground. The use of propane or gas stoves, charcoal briquette grills, or the use of tobacco in any form is not covered under the ban. Campfires are allowed in fire rings that confine and contain the campfire in designated state, federal, or Department of Environmental Protection licensed campgrounds.

Enforcement of this ban shall be the responsibility of any sworn police officer in accordance with the provisions of Act 1995-52.

Penalty – a person who violates this Resolution commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $100 for the first offense, $200 for the second offense and $300 for the third and subsequent offense.

BE IT FURTHER RESOLVED, That the Board of Commissioners directs the Director of the Department of Emergency Services to ensure the widespread publication and distribution

of this burn ban to all media; to coordinate the enforcement of this ban with all law enforcement agencies in accordance with Act 1995-52; to take all appropriate action needed to coordinate response to the dangers posed by the unusually dry conditions; and to take any emergency management action deemed necessary to respond to this imminent threat to the health, safety, and welfare of the citizens of Chester County, Pennsylvania.

This declaration shall take effect on Sunday October 27, 2024, at 5:00 p.m. and will remain in effect for 30 days unless extended or rescinded prior to that expiration.

THIS RESOLUTION, adopted this_25th_ day of   October__, 2024, by the Board of Chester County Commissioners.

COMMISSIONERS:

Josh Maxwell, Chair

Marian D. Moskowitz, Commissioner

Eric M. Roe, Commissioner

ATTEST:

Erik T. Walschburger, Chief Clerk