City of Lower Burrell, PA
Westmoreland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lower Burrell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 110.
Uniform construction codes — See Ch. 140.
[Adopted 4-19-1982 by Ord. No. 6-1982]

§ 165-1 Smoke detectors required.

A. 
In each dwelling unit or individual apartment within buildings used as multiple dwellings, there shall be provided and installed by the owner of the building, a minimum of one approved automatic smoke detector which when activated provides an alarm suitable to warn the occupants therein, and said detector shall also be required to have Underwriters Laboratories approval. Said detectors shall be installed by not later than December 1, 1982.
B. 
In all other existing buildings, a minimum of one detector shall be installed within 30 days of change of ownership of the real estate upon which the building is erected.
C. 
In all newly constructed buildings occupied subsequent to the enactment of this article, a minimum of one detector (per unit) shall be installed not later than upon occupancy of the building.

§ 165-2 Violations and penalties.

[Amended 12-12-2016 by Ord. No. 6-2016]
All persons being owners of real estate upon which a building is erected shall, upon violation of the provisions of this article and upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
[Adopted 6-10-1996 by Ord. No. 5-1996]

§ 165-3 Title.

This article shall be known and may be cited as the "Lower Burrell Open Burning Ordinance of 1996."

§ 165-4 Policy.

The Council of the City of Lower Burrell has determined that unrestricted fires may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of Lower Burrell.

§ 165-5 Definitions.

The following words, terms and phrases, when used in this article unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
CONTAINED FIRE
A fire in which any material is burned in a receptacle other than a furnace or incinerator.
COUNCIL
City Council of Lower Burrell.
FURNACE
Any enclosed device specifically designed for the burning of any materials for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator. This includes a contained fire.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
PLASTICS
Any domestic-related plastic products or materials containing plastics, Styrofoam, foam rubber, tires, rubber products, paints, solvents, lacquers, varnishes, epoxies and resins.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable, including but not limited to wood, tree branches, yard trimmings and other similar materials.
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, shipping containers or drums.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, however, that trade waste shall not include any coal refuse associated with the mining or preparation of coal.

§ 165-6 Enforcement.

The Police, Fire Chief, Ordinance Officer or any other duly authorized agent shall have the power to enforce the provisions of this article.

§ 165-7 Prohibited activities; exceptions.

A. 
No person shall:
(1) 
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building.
(2) 
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control.
(3) 
Any type of burning by businesses or commercial establishments is prohibited.
B. 
Exceptions.
(1) 
Open fires.
(a) 
Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
[1] 
The prevention of a fire hazard which cannot be abated by other means.
[2] 
The protection of public health, safety or welfare.
(b) 
Open fires may be set by permit approval of the Ordinance Officer, provided:
[1] 
Only rubbish, such as tree branches and similar material, excluding leaves, is burned.
[2] 
No hazardous condition or nuisance will be created by such burning. Any fire determined to be a nuisance or hazardous upon investigation by those individuals with the right to enforce this article shall be extinguished.
[3] 
The open burning permit will be valid for one week and only one permit per address will be issued per month.
[4] 
The open fire must be 50 feet from the property line and 50 feet from any structure.
[5] 
The fire must be supervised by a responsible individual.
[6] 
Open fires may be set for recreational purposes such as cooking, fishing, camping, etc.
(2) 
A contained fire is only permitted at residences subject to the following conditions:
[Amended 10-11-2004 by Ord. No. 3-2004]
(a) 
Burning is prohibited from April 1 to October 1. However, indoor woodburning fireplaces, chimineas, outdoor barbecues for eating purposes, and outdoor wood fireplaces for heating are permitted.
(b) 
Burning is permitted from October 2 to March 31. However, burning is only permitted on Tuesdays and Saturdays from dawn to dusk.
(c) 
The only material permitted to be burned is wood from yard waste during the burning periods.
(d) 
Burning of materials that produce noxious, irritating odors are prohibited. The burning of garbage, trade waste, plastics, oils, and newspapers is prohibited.
(e) 
No hazardous condition or nuisance is permitted.
(f) 
Recreational fires, such as scout campfires, or bonfires, are permitted. However, if a complaint is received concerning such campfire or bonfire from surrounding residents, the ordinance officer or police will require the fire to be extinguished.
(g) 
Fires must be supervised at all times.
(h) 
At residences, a fire must be burned in a container or at least a two-foot high fire ring.
(i) 
Properties two acres or more are permitted to burn Tuesday and Saturday of each month year round from dawn to dusk; except that Saturday burning, during the months of June, July, August, and September is restricted to the hours of dawn to noon. The fire must be at least 50 feet from property lines and 50 feet away from any structure. The fire must also be contained and supervised at all times. However, if surrounding residents complain to the City concerning the burning, the Ordinance Officer or police will require the fire to be extinguished.
(j) 
Burning on properties of less than two acres must be 15 feet from any property from any property line and 25 feet from any structure.
(k) 
Any person who engages in burning shall be responsible for all costs associated with putting out a fire if the fire goes out of control or spreads and the Fire Department is called to assist in the extinguishment.

§ 165-8 Violations and penalties.

A. 
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Any person who engages in burning shall be responsible for all costs associated with putting out a fire, if the fire goes out of control or spreads and a Fire Department or the City is called to assist in the extinguishment.