Township of Upper Burrell, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Burrell 6-1-1992 by Ord. No. 2-1992. Amendments noted where applicable.]

§ 106-1 Prohibited outdoor fires.

Outdoor fires shall not be set or maintained except in accordance with and subject to the following regulations:
A. 
Outdoor burning of domestic refuse shall be conducted in fireproof containers located at least 30 feet from the nearest building or structure.
B. 
Outdoor fires set for the purpose of burning of wood, rubbish, tree limbs, branches, tree trunks, cut brush, bushes, shrubbery, vines, grass or leaves shall not take place within 30 feet of the nearest building or structure.
C. 
The burning of objects or materials which generate offensive, toxic or hazardous odors, smoke or gases is prohibited.
D. 
Outdoor burning after sunset or before sunrise is prohibited, with the exception of the following:
(1) 
An outdoor fire set and maintained for recreation purposes only, attended constantly by at least one adult person and contained within a fireplace or fire pit or fireproof container.
(2) 
An outdoor fire set and maintained for cooking purposes only when contained within an appliance designed and used for the purpose of preparing food.
E. 
No fire shall be set or maintained on any public road or public property.
F. 
No outdoor fire shall be set or maintained which endangers any property, building or structures.
G. 
No outdoor fire shall be permitted to burn whenever drought or extreme weather conditions exist or when a ban on burning has been placed into effect by an agency of the Commonwealth of Pennsylvania or by the Upper Burrell Township Supervisors; provided that notice of a ban on burning imposed by the Upper Burrell Township Supervisors shall be given to the public by publication in a newspaper of general circulation within Upper Burrell Township and by posting a notice of the burning ban at the Upper Burrell Township Office.
H. 
No outdoor fire shall be set or maintained unless constantly attended by at least one adult person.

§ 106-2 Regulations for outdoor fires.

Outdoor fires may be set and maintained in accordance with the following regulations:
A. 
An outdoor fire for the purpose of cooking may be set and maintained, provided that the fire is contained within an appliance designed and used for the purpose of preparing food.
B. 
The burning of fields or farmland for the purpose of removing weeds or dead grass may be done at any time between the hours of sunrise and sunset, provided that the persons so burning notifies the Upper Burrell Township Fire Department or the Upper Burrell Township Police Department at least 48 hours in advance of the time and place of the proposed burning.
C. 
Any fire may be set to prevent or abate a fire hazard when set by the Upper Burrell Township Fire Department and when under the supervision of the Upper Burrell Township Fire Department.
D. 
Any fire may be set for the purpose of instructing personnel in fire fighting when set, maintained and supervised by the Upper Burrell Township Fire Department.
E. 
Any fire may be set for the prevention and control of disease or pests when set, maintained and supervised by the Upper Burrell Township Fire Department.
F. 
Any fire may be set in connection with the production of agricultural commodities in their unmanufactured state on the premises of a farm operation.
G. 
Any fire may be set on public property in a designated area which has been set aside for open fires and in an appropriate container or outdoor fireplace which has been provided to contain such fire.

§ 106-3 Unsafe fires to be extinguished.

When, in the opinion of any Upper Burrell fireman or police officer, any outdoor fire has been set or is maintained in an unsafe manner, under adverse or drought weather conditions, unsupervised or in any other way unsafe, said outdoor fire shall be extinguished immediately upon demand by any Upper Burrell Township fireman or police officer.

§ 106-4 Violations and penalties.

Any person who violates any provision of this chapter shall, upon summary conviction before a Magisterial District Judge, be sentenced to pay a fine of up to $1,000 and/or undergo imprisonment in the Westmoreland County Detention Center for a period of up to 90 days, or both, provided further that the minimum fine upon any second or subsequent conviction shall be $100 higher than the previous fine imposed up to the maximum fine permitted by law.