Borough of Harveys Lake, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 1-22-1968 by Ord. No. 5. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 6.
Building construction — See Ch. 7.
Dangerous buildings — See Ch. 7A.
False alarms — See Ch. 16.
Garbage, rubbish and refuse — See Ch. 19.
Junkyards — See Ch. 23.
Littering and dumping — See Ch. 25.

§ 17-1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them as follows:
FIRE HAZARD
The existence of any of the following:
A. 
Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.
B. 
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.
C. 
Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.
D. 
Obstructions to or on fire escapes, stairs, passageways, floors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
E. 
Any building or other structure which, for want of repairs, lack of adequate exit facilities, automatic or other fire alarm apparatus or fire-extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, creates a hazardous condition.
FIRE INSPECTOR
The person or persons designated by the Borough and charged with the administration and enforcement of this chapter.
OIL
Any flammable liquid used or stored for heating purposes.
PERSON
Any person or persons, partnership, association, company, firm or corporation.

§ 17-2 Inspections: right of entry; abatement of nuisances; fire hazards.

A. 
The Fire Inspector shall have the right to enter any building or premises at all reasonable hours for the purposes of making such inspections or investigations as deemed necessary to insure compliance with the provisions of this chapter, except that no inspection or investigation shall be made of any private residence when the occupant thereof denies entry thereto, unless reasonable evidence exists of possible hazardous conditions therein, and then only if he is accompanied by a police officer of the Borough or he has obtained a search warrant so to do.
B. 
The Fire Inspector upon finding fire hazards in or upon any premises shall make a full report thereof, in writing, to the Mayor, except that when the Fire Inspector deems time to be of the essence, he may order immediate abatement or corrections necessary to eliminate such hazards and forthwith report such action to the Mayor.
C. 
The Council hereby declares that any fire hazard or violation of or noncompliance with this chapter constitutes a nuisance. The Mayor is hereby authorized to order notice to be served to the violator to abate same or otherwise effect compliance within seven days after issuance of such notice. In the event of noncompliance within the time stated, the Borough may enter the premises and remove same or otherwise effect compliance. The cost thereof, together with any additional payment authorized by law, may be collected by the Borough from such violator in the manner provided by law. This subsection shall in no way abrogate or impair the power of the Fire Inspector to order immediate corrective measures as set forth in § 17-2B above.

§ 17-3 Aboveground oil-storage tanks.

A. 
Aboveground oil-storage tanks hereafter installed for use with oil-burning equipment shall be placed on metal stands having concrete footings.
B. 
No existing noncomplying tank stand shall be repaired or replaced unless such shall be done in accordance with § 17-3A above, and all tank stands shall be subject to inspection by the Fire Inspector.
C. 
Any existing tank stand deemed structurally unsafe by the Fire Inspector, or any tank stand installed, repaired or replaced after the effective date of this chapter and in violation to § 17-3A and B, is hereby declared to constitute a fire hazard.

§ 17-4 Bulk storage.

Flammable liquids in excess of 550 gallons shall be stored in underground containers.

§ 17-5 Burning regulations.

A. 
No person shall burn any materials on or in any street or other public place within the limits of the Borough without written approval from the Fire Inspector.
B. 
No person shall burn or permit the burning of any materials on any private property unless such burning is done not less than 50 feet from any structure or, if in an approved waste burner, not less than 15 feet from any structure.
(1) 
No person shall burn or permit the burning of any material on any private property until a permit is obtained from the Fire Chief of the Daniel C. Roberts Fire Company or the Police Chief of Harveys Lake Borough.
[Added 12-16-1986]
(2) 
The permit referred to in Subsection B(1) shall cost $10 yearly.
[Added 12-16-1986; amended 4-18-2006 by Ord. No. 1-2006]
(3) 
An "approved waste burner" is any container covered with a one-half-inch mesh screen.
[Added 12-16-1986]
(4) 
Burning will be permitted during daylight hours.
[Added 12-16-1986]
(5) 
There will be no burning on Sundays.
[Added 4-18-2006 by Ord. No. 1-2006]
(6) 
A hose or fire extinguisher must be kept readily available at all times.
[Added 5-20-2008 by Ord. No. 3-2008]
(7) 
The Harveys Lake Fire and Ambulance Company must be notified before any controlled burn larger than six feet in diameter or with a flame higher than four feet. This does not pertain to campfires.
[Added 5-20-2008 by Ord. No. 3-2008]
C. 
All outdoor fires shall be constantly attended until fully extinguished.
D. 
No person shall burn or permit the burning of any materials within the limits of the Borough:
(1) 
On any but a calm day.
(2) 
During the existence of a fire or smoke emergency as declared by proclamation of the Borough Council.
E. 
No person shall burn any oil, grease, tires, gasoline, plastics, garbage or rubbish or similar materials that might tend to be dangerous or tend to produce obnoxious smoke or odors within the limits of the Borough at any time.
F. 
Campfires.
[Added 5-16-2007 by Ord. No. 3-2007]
(1) 
A campfire is described as a means to be used for warmth and cooking. Campfires are for recreational use only and are permitted after daylight hours seven days a week.
(2) 
The size of the burning pit will be no more than six feet in diameter. The fire pit area should be free of combustible materials for a distance of not less than four feet. If using a portable fire pit, the area free of combustibles must be the same.
(3) 
A hose or fire extinguisher must be kept readily available at all times.
(4) 
The campfire must be tended to at all times and totally extinguished at the end of each burning period.
(5) 
Only wood or charcoal may be burned in the campfire.
(6) 
If a burning ban is put into effect, that ruling shall apply to campfires.
(7) 
All requirements under this subsection shall also apply to portable fire pits.
(8) 
A Borough-issued burning permit is required at a cost of $10 yearly, and no person shall burn or permit the burning of a campfire or portable fire pit until said required permit is obtained from the Borough.

§ 17-6 Violations and penalties; separate violations; use of fines and burning permit fees.

A. 
Any person who shall violate any provision of this chapter shall, upon conviction thereof for each violation, be subject to a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of the payment of such fine plus costs, such person shall be sentenced to the county jail for a period not exceeding 30 days.
[Amended 5-20-2008 by Ord. No. 3-2008]
B. 
Each day that such violation exists shall be considered to be a separate violation.
C. 
All funds collected under § 17-6A above will go to the Harveys Lake Fire and Ambulance Company.
[Added 5-20-2008 by Ord. No. 3-2008]
D. 
Fifty percent of the burning permit fee will go to the Harveys Lake Fire and Ambulance Company.
[Added 5-20-2008 by Ord. No. 3-2008]