[Adopted 9-4-2012 by Ord. No. 1081]
This article is intended to promote the public health, safety
and welfare and to safeguard the health, safety and welfare of the
citizens of the Borough of Brookville, Pennsylvania by regulating
the air pollution and fire hazards of open burning and outdoor burning.
A.
This article applies to all outdoor burning and open burning within
the Borough of Brookville, Jefferson County, Pennsylvania.
B.
This article 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 article does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
D.
This article does not apply to grilling or cooking food using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
Should any portion of this article be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected.
As used in this article, the following terms shall have the
meanings indicated:
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste, wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
The Chief of the Brookville Volunteer Fire Company or other
person designated by the Fire Chief.
The Borough of Brookville, Jefferson County, Pennsylvania.
The burning of any material of any kind exuding smoke which
may endanger the public, or safety or health of the public, or to
disturb the comfort or repose of any person residing in the vicinity
of the open burning, or which causes excessive or noxious odors, or
when such open burning emits sparks, embers, or smoke upon adjacent
or nearby premises.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
Open burning or burning in an outdoor wood-fired boiler or
patio wood burning unit.
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic animals.
A chimney, patio warmer, or other portable wood-burning device
used for outdoor recreation and/or heating.
Any waste material, garbage, animal carcasses, and trash
or household materials except trees, logs, brush, stumps, leaves,
and other vegetative matter.
A fire that is burning without a flame and with smoke.
Except as provided in this article, open burning and outdoor
burning are prohibited in the Borough of Brookville.
A.
Open burning of refuse from a commercial or industrial establishment
is prohibited.
B.
Open burning of refuse from and at a one- or two-family dwelling
is allowed if all of the following conditions are met:
(2)
The burning is conducted in a container or burn barrel constructed
of metal or masonry that has a metal covering device or wire mesh
or grate that does not have openings larger than 3/4 inch.
(3)
Open burning of refuse under this section shall be limited to dry
paper goods. The burning of plastics and other materials listed under
§ 84-18B(10) is prohibited.
(4)
Fires under this section may be conducted daily during daylight hours
and shall be limited in duration to a maximum of 30 minutes per day.
A.
The burning of leaves and grass clippings is prohibited.
B.
Open burning of trees, logs, and cut brush is allowed only in accordance
with all of the following provisions:
(1)
Except for barbecue, gas, and charcoal grills, no open burning shall
be undertaken during periods when the Governor of Pennsylvania has
issued a burning ban applicable to Brookville Borough.
(2)
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions are such as to minimize adverse
effects and not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations.
(3)
Except for outdoor campfires as set forth in the following subsection,
open burning shall be conducted only on the property on which the
materials were generated or naturally deposited.
(4)
Outdoor campfires for cooking, ceremonies, or recreation are allowed, provided they do not cause a nuisance as defined in § 84-15. Said fires may be around a home or place of residence, within the curtilage of said dwelling, provided that the fire is confined by a control device or structure such as a barrel, fire ring, or fire pit. Said control device shall not be larger than four feet square or four feet in diameter. Said Campfires must be supervised at all times by an adult. No permits shall be required for such fires.
(5)
Open burning under this section shall only be conducted at a location
at least 25 feet from the nearest building and 10 feet from any property
line.
(6)
Open burning can be conducted on a property only one time per week,
and burning hours are from 9:00 a.m. until 12:00 noon daily, except
that outdoor campfires can take place at any time.
(7)
Open burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. Fires shall not be permitted to smolder. The person supervising
the burning shall have readily available for use such fire extinguishing
equipment as may be necessary for the total control of the fire.
(8)
No materials may be burned upon any street, curb, gutter, sidewalk,
or active railroad right-of-way, alley, lane or driveway.
C.
Furniture and appliances.
D.
Tires.
E.
Any plastic materials, including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers.
F.
Treated or painted wood, including but not limited to plywood, composite
wood products or other wood products that are painted, varnished or
treated with preservatives.
(1)
The Borough Council shall have the authority to implement a temporary
burning ban due to environmental conditions, including but not limited
to high winds or extreme dry conditions. The Borough Council shall
make a reasonable attempt to inform the public of the ban using available
resources.
(2)
The Borough Council may temporarily suspend any of the terms and
conditions of this article for reasons it deems appropriate. The Borough
Council may allow additional open burning times if a storm or storms
result in large amounts of downed trees, branches and/or leaves. Such
additional open burns shall otherwise comply with the applicable requirements
of this article.
A patio wood-burning unit may be installed and used in the Borough
of Brookville only in accordance with all of the following provisions:
A.
The patio wood-burning unit shall not be used to burn refuse, garbage,
debris, leaf and grass clippings, construction and demolition waste.
B.
The patio wood-burning unit shall burn only clean wood.
C.
The patio wood-burning unit shall be located at least 25 feet from
the nearest structure which is not on the same property as the patio
wood-burning unit.
D.
The patio wood-burning unit shall not cause a nuisance to neighbors.
A.
For all fires not otherwise defined in this article or for fires
which would otherwise result in the violation of specifications and
requirements of this article, a permit shall be obtained through the
Brookville Borough Council. The Borough Council, in consultation with
the Fire Chief, shall have the discretion to issue all such permits.
The application must be made to the Brookville Borough Council at
least 30 days in advance of any such fire. The Borough shall immediately
notify the Brookville Borough Fire Chief of any such application.
B.
A burning permit for a special event fire is necessary. Special event
fires are those which are normally incident to commemorative or celebration
events that are sponsored by schools, municipalities and other charitable-type
organizations. Any person, partnership, firm, association, corporation,
or other entity seeking a special event fire must make application
to and obtain from the Brookville Borough Council for a permit for
such fire. A formal written request must be made to the Borough at
least 30 days in advance of any such special event fire.
C.
The Borough shall immediately notify the Brookville Borough Fire
Chief of any such application.
Upon probable cause of a possible violation of this article,
the Fire Chief or any authorized officer, agent, employee or representative
of the Borough of Brookville who presents credentials may inspect
any property for the purpose of ascertaining compliance with the provisions
of this article.
A.
The enforcing authority for this article shall be The Brookville
Borough Code Enforcement Officer, Brookville Borough Police Department,
Brookville Volunteer Fire Company or the Brookville Borough Council.
B.
Even if a type of burning is otherwise permitted under this article,
it shall be a violation of this article if the burning constitutes
a nuisance in that the burning exudes smoke which may endanger the
public, or safety or health of the public, or disturbs the comfort
or repose of any person residing in the vicinity of the open burning,
or which causes excessive or noxious odors, or when such open burning
emits sparks, embers, or smoke upon adjacent or nearby premises.
C.
Any person who violates any section of this article shall, upon conviction
before a District Magistrate, be sentenced to pay a fine of not less
than $100 nor more than $600 and/or undergo imprisonment for a period
not to exceed 30 days. Every day that a violation of this article
continues shall constitute a separate offense.
