[HISTORY:[1] Adopted by the Borough Council of the Borough of Boyertown as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 73, Building Construction, adopted 11-5-1990 by Ord. No. 9-90, as amended, was superseded 6-7-2004 by Ord. No. 04-04. See now Ch. 78, Construction Codes, Uniform.
[Adopted 1-3-2022 by Ord. No. 01-2022]
From and after the effective date of this article, 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 Borough of Boyertown, except as authorized by this article or as authorized pursuant to a valid permit issued by the County of Berks or Borough of Boyertown in accordance with ordinances and regulations.
As used in this article, the following terms shall have the meanings indicated:
FIRE
The phenomenon of combustion manifested in light, flame and heat.
SMALL OPEN FIRE
A fire contained within a grill, outdoor barbeque, fireplace or similar device to cook food with charcoal, natural gas or wood; or any other fire from which the properties of smoke are emitted directly into the air without first passing through a structural stack and/or being used for the purposes of non-food preparation, light, ornament or recreation and being such maximum size and using such materials as authorized hereunder, and otherwise complying with this article, and conducted in such location, conditions and in a manner which contributes only a negligible amount of air contaminants.
A. 
Permitted receptacles/containers. All small open fires authorized under this article must be contained within one of the following authorized containments:
(1) 
A grill or barbeque designed for the purpose of preparation of food for human consumption; or
(2) 
A fireplace, chiminea, commercial fire pit designed specifically for the purpose of containing a fire, or fire pit constructed of paving stones or manufactured blocks.
B. 
Permitted locations. All small open fires authorized under this article are only permitted in the following locations:
(1) 
Grills, outdoor barbeques, or fireplaces designed for and used strictly for cooking only shall be no less than five feet from a house, structure, inhabited area, roadway, utility or property line.
(2) 
Other open fires shall be maintained in an authorized container located not less than 10 feet from the nearest house, structure, inhabited area, roadway, property line, utility, tree or other combustible materials.
C. 
Permitted times. All small open fires authorized under this article are permitted only during the hours of 10:00 a.m. and 11:00 p.m. prevailing time.
D. 
Permitted materials. All small open fires authorized by this article shall be conducted using only charcoal, natural gas, or other clean burning fuel and 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 waste, 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 fire.
E. 
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 nine square feet in area or in excess of three feet in height above the receptacle.
F. 
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 they contribute more than a negligible amount of air contaminants perceptible beyond the property line of the source of the fire.
G. 
Adult supervision, control and 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 airborne. The adult property owner or other authorized adult person supervising the fire shall be responsible to ensure that all aspects of the fire comply with this article and shall ensure 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 adult 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.
Any Eastern Berks Regional Police Department officer or other duly authorized law enforcement officer serving the Borough, the Borough's Fire Marshal, the Borough's Fire Chief, Deputy Fire Chief(s) or the Fire Chief's designee 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 device 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; or
E. 
Where its size, materials, containment, location, emissions, proximity to structures, trees, other combustible materials, conduct of participants, weather conditions (including but not limited to wind, drought, dry or other conditions) or air, or other circumstances, are such that continuation of the fire poses a risk of harm to persons or property.
A. 
No person, firm, or corporation shall permit, authorize, conduct, or participate in the burning of any open fire except in compliance with this article.
B. 
No person, firm, or corporation shall refuse to comply immediately and fully with any order of any Eastern Berks Regional Police Department officer or other duly authorized law enforcement office of the Borough, the Borough's Fire Marshal, the Borough's Fire Chief, Deputy Fire Chief(s), or the Fire Chief's designee to contain, control, correct or extinguish any fire or open burning.
Any officer of the Eastern Berks Regional Police Department and any duly authorized code enforcement officer serving the Borough is authorized to enforce the violations and penalties provisions of this article, including but not limited to issuance of citations or other procedures in accordance with the Pennsylvania Rules of Criminal Procedure for commission of a summary offense.
A person, property owner, occupant or representative who violates or allows violation of any provisions of this article shall be guilty of a summary offense and, upon conviction in a summary proceeding in accordance with the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 and costs. Each day a violation continues shall constitute a separate offense. Each violation of this article shall be a separate offense. If the violation requires the attendance of the Fire Company, the District Justice shall take account of the costs incurred by the Fire Company in responding to the violation in determining the amount of fine to be levied.