Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[Adopted by the Town Council of the Municipality of Kingston 3-4-2013 by Ord. No. 2013-1.[1] Amendments noted where applicable.
GENERAL REFERENCES
Fire prevention — See Ch. 94.
Garbage, rubbish and refuse — See Ch. 103.
[1]
Editor's Note: This ordinance was adopted as Ch. 108, but was renumbered to maintain the organization of the Code.

§ 65-1 Definitions.

As used in this chapter, unless otherwise stated, the following terms are defined as indicated:
BONFIRE
An outdoor fire utilized for ceremonial purposes.
OPEN BURNING
The burning of materials in an unenclosed space wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.
A. 
For the purpose of this definition, a chamber should be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flutes or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
B. 
Examples of open burning include, but are not limited to, burning of leaves, burning of grass clippings, burning of construction debris and fires built on the ground for warmth.
C. 
Open burning does not include road flares, smudgepots, "tiki torches," candles and similar devices, or devices devoted to occupational uses. Open burning shall not include recreational fires as defined in this chapter.
D. 
Open burning does not include patio fireplaces as defined in this chapter.
PATIO FIREPLACE
A portable device built for outdoor use and designed to burn solid fuel. The device may come in many styles and is generally substantially constructed of steel, with heavy-duty screening around the fire box or made of concrete or clay (chimenea). It is equipped with a short chimney or an opening in the top. The design also includes a stand to elevate the fire box above the area in which it is placed to provide clearance from combustible materials.
RECREATIONAL FIRE
An outdoor fire that burns materials other than rubbish in which the fuel being burned is contained in an outdoor fireplace, barbeque grill or barbeque pit and which has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial purposes, cooking, warmth or similar purposes.

§ 65-2 General provisions.

A. 
No person, partnership, company, association, society, corporation, or other group or entity shall burn or permit the open burning of any waste materials on any private or public property within the Municipality of Kingston.
B. 
Storage of inflammable and explosive materials. In all activities involving, and all storage of, inflammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in this industry.
C. 
Exterior fireplaces are allowed not less than 15 feet from any structure.
D. 
Fire rings are allowed not less than 15 feet from any structure.
E. 
Bonfires shall not be conducted within 50 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.
F. 
Recreational fires shall not be conducted within 25 feet of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
G. 
Open-flame cooking devices such as charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction. (Exceptions: one- and two-family dwellings, or where buildings, balconies or decks are protected by an automatic sprinkler system.)
H. 
Liquefied-petroleum-gas-fueled cooking devices such as an LP gas burner having an LP gas container of greater than 2.5 pounds shall not be located on combustible balconies or within 10 feet of combustible construction. (Exceptions: one- and two-family dwellings, or where buildings, balconies or decks are protected by an automatic sprinkler system.)

§ 65-3 Attendance.

Open burning, bonfires or recreational fires shall be constantly attended until the fire is completely extinguished. A minimum of one portable fire extinguisher complying with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.

§ 65-4 Permits.

Permits shall be acquired from the Fire Chief of the Municipality of Kingston prior to the scheduling of any bonfire.

§ 65-5 Violations and penalties.

The violation of any section of this chapter shall be punishable by a fine of not less than $25 and not more than $300, plus costs of prosecution, or to a term of imprisonment, the maximum of which shall be not more than 30 days.

§ 65-6 Repealer.

This chapter rescinds § 181-34 of the Municipal Code.

§ 65-7 Severability.

In case any one or more of the provisions of this chapter shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this chapter shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

§ 65-8 When effective.

This chapter shall become effective 30 days following its publication date pursuant to Municipality of Kingston Charter Section 213.