[HISTORY: Adopted by the Borough Council of the Borough of
New Britain 2-11-2020 by Ord. No. 401.[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 165.
Solid-fuel-burning appliances and chimneys — See Ch. 365.
Solid waste — See Ch. 369.
Zoning — See Ch. 410.
[1]
Editor's Note: This ordinance also repealed former Ch. 144,
Burning, Open, adopted 4-14-2009 by Ord. No. 332, as amended.
This chapter shall be known as the "Borough of New Britain Open
Burning Ordinance" and is intended to regulate open burning in the
Borough.
A.
This chapter does not apply to grilling or cooking food using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B.
This chapter does not apply to burning for the purpose of generating
heat in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation.
C.
This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this chapter, the following terms shall have the
meanings indicated:
Leaves, shrub trimmings, and like vegetative matter.
Any fire used in connection with camping, cooking, picnicking,
or other commonly accepted recreational activity. Recreational fires
must be clearly used for said purpose at the time of observation and
may only be kindled with seasoned wood, charcoal or other man-made
material expressly for use in recreational fires.
Aluminum cans, clear glass containers, plastics, newspaper,
and such other materials specified by the municipality to be recycled
in the municipality's recycling regulations resulting from this
part[1] and as revised from time to time as deemed necessary by
resolution of Borough Council.
All refuse and other discarded solid material normally collected by a municipal or private collector, as further defined in the Borough's solid waste regulations, Chapter 369, Solid Waste and Recycling.
No person or persons shall set or maintain any fire within the
Borough of New Britain except a recreational fire set and maintained
strictly in accordance with the following terms and conditions:
A.
No outdoor fires shall be ignited prior to 9:00 a.m. on any day,
and they must be extinguished by 12:00 midnight of the same day.
B.
The base of the fire shall not exceed 66 inches in width, and the
fuel shall not be stacked higher than 20 inches above the base. The
"base" for purposes of this section shall include the sides of any
container within which the recreational fire is maintained (i.e.,
20 inches above the sides of a patio block or metal fire pit).
C.
Outdoor fires shall be attended at all times and until the fire is
completely extinguished.
D.
Once any fire has been ignited, a rake and a garden hose, controlled
by a nozzle, but turned on at the spigot, must be maintained within
at least 10 feet of the fire. No outdoor fires shall be set or maintained
within 15 feet of any building.
E.
No person shall ignite, cause, feed, permit or maintain any open
fire for the destruction of solid waste, recyclables or leaf waste.
F.
The burning of garbage, rubber, leather, plastics, paper, cardboard,
paints, grease, oil, and other petroleum products is strictly prohibited
under any conditions.
G.
No outside fire shall be set or burned which causes smoke to interfere
to any degree with normal visibility at any point outside of the property
upon which the burning is being conducted and which in any degree
causes damage to the property of others or interferes with the welfare
and comfort of other persons in the community and their right to enjoy
their property free and clear from smoke nuisance.
No person or persons shall set or maintain any outdoor fire
of any type whatsoever within the Borough of New Britain when and
during such specified periods of time as the Borough shall determine
hazardous conditions exist by reason of unusual weather conditions;
provided, however, that public notice of such prohibition is published
one time in a newspaper having general circulation within the said
Borough, and further that such notice of prohibition is publicly posted
at the Borough Hall and other prominent places within said Borough
.
A.
The Borough's Emergency Management Coordinator shall have the
authority to grant a variance from the provisions of this chapter
for reasons including but not limited to the following:
(1)
To prevent or abate a fire hazard.
(2)
For the purposes of instructing personnel in firefighting techniques
and exhibitions.
(3)
For prevention and control of disease and pests.
(4)
For fires set solely for ceremonial purposes.
(5)
Bonfires used for recreational entertainment, not exceeding five
feet by five feet in size and not burning longer than three hours.
B.
Requests for variances shall be made in writing to the Borough of
New Britain Emergency Management Coordinator.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorney's fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the county correctional facility as provided
by law. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Bucks County.
