Township of North Fayette, PA
Allegheny County
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Table of Contents
Table of Contents

§ 10-101 Imposition of and Responsibility for Costs.

[Ord. 209, 5/9/1989, § 1]
1. 
Any person or persons, partnership, corporation or other legal entity who intentionally or accidently or negligently causes hazardous wastes or substances or materials to come in contact with persons or property in North Fayette Township to the detriment of the health and safety of the citizens of North Fayette Township, said person, persons, partnership, corporation or other legal entity shall be liable for all costs incurred by the Township as a result of services rendered by the Township to abate such activity. For the purposes of this Part, the following words shall have the following meanings:
HAZARDOUS MATERIALS
Any substance or material which, in the determination of the emergency management coordinator or his representative, poses an unreasonable and imminent risk to life, health, safety, persons or property and the environment.
COSTS
Any and all expenditures by the Township to provide services to abate said conditions including actual labor costs, overhead costs, administrative costs and all fringe benefits that may be paid in addition to rental, costs and the cost of any special fire extinguishing agents and the cost for any and all contracted labor and materials.
2. 
The remedies provided in this Part shall be an addition to any and all other remedies at law or in equity that may be available to the Township of North Fayette, its citizens or property owners against the parties causing said dangerous conditions. Any ordinance or resolution or part of any ordinance or resolution conflicting with the provisions of this Part is rescinded insofar as the conflict exists.

§ 10-201 General Prohibition Prohibiting Fires and Burning Without Permit.

[Ord. 418, 1/29/2014]
From and after the effective date of this Part, no person, corporation, partnership, association, organization or other group whatsoever (hereinafter collectively referred to as "property owner" or "person" as applies) shall burn any materials of any kind in the Township, except as may be authorized pursuant to a valid permit issued by Allegheny County pursuant to county ordinances and regulations, or "small open fires" as defined and authorized by this Part.

§ 10-202 Small Open Fires Authorized; Limitations.

[Ord. 418, 1/29/2014]
1. 
"Small Open Fire" Defined. As used in this Part, the term "open fire" shall mean any fire from which the properties of combustion are emitted from a fire source directly into the air without first passing through a structural stack or chimney. A "small open fire" shall mean an "open fire" which must be conducted in such location, of such maximum size, and using only such materials as authorized hereunder, contained within a complaint fire pit, fire ring, or other such device, and which otherwise complies with this Part and is conducted in a manner which contributes a negligible amount of air contaminants. (The use of a charcoal or gas grill manufactured for residential use is not subject to the regulations set forth in this Part.)
2. 
Subject to rules, regulations, and limitations contained in this Part, an adult property owner may authorize and allow on his or her property a small open fire solely for the following purposes:
A. 
Warmth of outdoor workers (only at temperatures below 40° F.).
B. 
Noncommercial preparation of food for human consumption, light, ornament, or recreation.

§ 10-203 Rules and Regulations Regarding Small Open Fires Authorized Without Permit.

[Ord. 418, 1/29/2014]
1. 
Permitted Receptacles/Containers.
A. 
For Warmth of Outdoor Work Crews. Small open fires for outdoor work crews (allowed only at temperatures below 40° F.) may be conducted in non-combustible containers no larger than a 55 gallon drum, with combustible material at all times to be completely contained within the container and with only one open fire per work crew.
B. 
Other Authorized Open Fires. All other small open fires authorized under this Part must be contained within a complaint a fire pit, stone perimeter, non-combustible fire ring, drum, or other similar non-combustible receptacle, container or device. Fire pits and other perimeter containment devices and methods shall be no larger than four feet in diameter and no less than 18 inches deep (as measured from the base of the pit to the top of pit or to the top of any surrounding perimeter stones or other non-combustible containment devise or mechanism).
2. 
Permitted Locations. Small open fires shall be maintained in an authorized containment located not less than 10 feet from the nearest house, structure, inhabited area, roadway, property line, utility, tree, or other combustible materials. (Nothing herein shall prohibit the use of a patio chiminea, patio heater, or other manufactured above ground patio fire table, or similar containment devise on a deck or patio where the devise is designed and recommended for such use by the manufacturer.)
3. 
Permitted Materials. All open fires authorized by this Part shall be conducted using only charcoal, natural gas, or other clean burning fuel; dry, clean, logs, twigs, or other wood products. Only smokeless fuels, or small kindling, if any, may be used to start a fire. No painted or chemically treated woods, plastics, cardboard boxes, paper, household wastes, toxic or noxious materials, cloth, leaves, green yard waste or other materials that tend to cause excessive or malodorous emissions or excessive smoke may be used to start or maintain a fire.
4. 
Maximum Size. In all cases, the fire shall be of such size that the combustible material and flame are contained completely within the perimeter of the authorized containment receptacle, and in no case may the combustible material and flame be greater than 16 square feet in area or in excess of three feet in height above the receptacle.
5. 
No Excessive Smoke, Odors or Malodorous Emissions. No persons shall allow or maintain a fire which creates excessive smoke, excessive odor, or malodorous emissions. Smoke and odors shall be considered excessive if perceptible beyond the property line of the source of the fire.
6. 
Adult Supervision, Control, Extinguishment. Only an adult property owner or other adult authorized by the property owner shall authorize or conduct a small open fire. The adult property owner or other adult authorized by the property owner to conduct such a fire shall at all times be present at and shall tend to the fire from the time it is lit through the time of total extinguishment. Adequate means to control and extinguish the open fire shall be readily available at all times during any burning. Suitable covering or means of disposal of ashes shall be provided to prevent them from becoming air-borne. The adult property owner or other authorized person supervising the fire shall be responsible to assure that all aspects of the fire comply with this Part and shall assure that the fire is completely extinguished before that person leaves the site Immediately upon the discovery of any unauthorized or noncompliant fire or burning, the property owner or other person responsible for the property on which such burning occurs shall immediately extinguish, or cause the extinguishment of, such burning. Proof that the defendant in any enforcement action owns or controls the property on which open burning occurs shall be prima facie evidence that such person has conducted, or allowed to be conducted, such open burning.

§ 10-204 Police Authorized to Order Immediate Extinguishment, Abatement or Correction of Fires.

[Ord. 418, 1/29/2014]
1. 
A police officer, code official, fire marshal, or other duly authorized law enforcement officer of the Township of North Fayette may, upon investigation, order that any fire be immediately extinguished, abated, diminished, or corrected (in his or her sole discretion) if, in the officer's sole judgment, the fire:
A. 
Is emitting excessive smoke, excessive odor, or malodorous emissions.
B. 
Contains prohibited materials or is using a prohibited or inadequate containment devise or mechanism.
C. 
Is in a prohibited location or of a prohibited size.
D. 
Is emitting sparks or hot ashes that may pose a threat to nearby structures, trees, other combustible materials, or to the safety of persons or property.
E. 
Where its size, materials, containment, location, emissions, weather conditions (including, but not limited to, wind, drought, dry or other conditions), proximity to structures, trees, other combustible materials, conduct of participants, or other circumstances, are such that continuation of the fire poses a risk of harm to persons or property.

§ 10-205 Prohibited Acts.

[Ord. 418, 1/29/2014]
1. 
No person, firm or corporation shall permit, authorize, conduct, or participate in the burning of any open fire except in compliance with this Part.
2. 
No person, firm or corporation shall refuse to comply immediately and fully with any order of a North Fayette Township police officer or other duly authorized law enforcement officer to contain, control, correct, or extinguish, any fire or burning.

§ 10-206 Penalties.

[Ord. 418, 1/29/2014]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall 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 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. In addition, in any civil enforcement action brought by the Township to collect unpaid fines or penalties imposed pursuant to this Part, the Township shall also be entitled to collect all costs, expenses, and attorneys fees associated with such action.