[Amended 7-25-2016 by Ord. No. 1637]
For the purposes of this article, the following terms shall
be defined as set forth below, unless a different meaning is plainly
required by the context.
Fire Code Official, Police Officer or Code Enforcement Officer.
Bushes, shrubs, thickets, tree trimmings, hedge clippings
and small trees.
A constructed pit dug into the ground or made from stones,
masonry, etc., for keeping a fire used for cooking or warmth.
Material derived or formed from inanimate objects, other
than vegetable, such as tin cans, glass crockery, metals, plastic
and similar materials.
Burning any material in the open atmosphere, including burning
in fifty-five gallon drums, outdoor fireplaces or other containers.
Material derived from living organisms such as wood, paper
and yard scraps.
Any natural person, partnership, firm, association or corporation.
Any material that is required to be recycled in Crafton Borough
under Pennsylvania Act 101[1], including scrap lumber (nontreated/painted) and brush.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
To the extent that the Allegheny County, Pennsylvania (hereinafter
the "County") has in place laws and/or regulations which are addressed
by this article, the County's laws and/or regulations shall supersede
this Borough Ordinance where the County's laws and/or regulations
are more restrictive, except as to the following matters:
(1)
Any open or outdoor fire shall be at least 10 feet from any building
or dwelling and 10 feet from any property line.
(2)
Only an adult, 18 years of age or older, may burn an open or outdoor
fire.
(3)
The width of an open or outdoor fire must be three feet or less.
(4)
Only clean-burning wood may be used for fuel for open or outdoor
fires.
(5)
Open or outdoor fires shall be prohibited on days designated an "air
action day" by any governmental agency, including but not limited
to the County, the State Department of Environmental Resources and
the Federal Environmental Protection Agency.
A.
Prohibited materials. It shall be unlawful for any person to open
burn any material, including the following at any time in any zone
within Crafton Borough:
(1)
Household trash, books, magazines, newspapers, cardboard and/or
any items that are required to be recycled in Crafton Borough under
Pennsylvania Act 101 and consistent with any Borough recycling ordinance,
including brush and scrap lumber or any vegetation, plywood, drywall
plastic products, insulation material, upholstered furniture, garbage,
dead animals, human and animal excrement, human and animal hair, rubber
products including fires, hydrocarbon products or flammable liquids,
asphalt or tar shingles or roofing materials, bedding, foam rubber,
nylon, rayon, cotton, wool, polyester or other synthetic material,
insulation from copper or other wiring, solid waste and/or construction
waste as defined by the Pennsylvania Solid Waste Management Act and
25 Pa. Code 271.1.
(2)
Except where fire or burning operations result from:
(a)
Any fire set for the purpose of training and instructing authorized
personnel in fire fighting, and training of persons in the use of
portable fire extinguishers (permit required).
(b)
Any campfire or bonfire solely for organized recreational or
ceremonial purposes (permit required).
(c)
Any fire set for the prevention and/or control of disease of
pests, rats, snakes, bees, etc (permit required).
B.
Authority of AHJ. The AHJ may suspend the above regulations at any
time when the following conditions exist:
A.
Outdoor stoves and grills shall be allowed upon private property
within the Crafton Borough solely for the purpose of cooking foods.
The following regulations shall apply:
(1)
No person shall use such stoves or grills for burning of materials as outlined in § 113-2.1 of this article.
(2)
Outdoor stoves or grills shall not be used for such purposes
other than cooking food.
(3)
Outdoor stoves or grills shall not be used indoors or in any
enclosed areas that are not properly ventilated, i.e., garages, etc.
Fire pits, chimineas, factory built metal novelty stoves or
other outdoor burning apparatuses shall require a permit for outdoor
use on residential private property within all zoning districts of
Crafton Borough, provided that the following regulations apply.
A.
No persons shall use such fire pits, chimineas, factory-built novelty
stoves, or other outdoor burning apparatuses for the burning of any
material outlined in § 113-21 of this article.
B.
If smoke, ash, or smell emitting from such fire pits, chimineas,
factory-built novelty stoves or other outdoor burning apparatuses,
become objectionable or offensive to neighboring properties, the AHJ
may suspend the operation of same.
C.
All such chimineas, factory-built novelty stoves, or other outdoor
burning apparatuses shall be equipped with a spark arrestor.
Fireplaces, wood-burning and coal stoves, coal furnaces and
solid-fuel heaters shall be permitted inside residential private property
within all zones of Crafton Borough. The following regulations shall
apply:
A.
Only seasoned firewood, coal or solid fuels recommended by the manufacturer
may be burned in such fireplaces, wood-burning stoves coal stoves,
coal furnaces or solid-fuel heaters.
B.
No person may use such fireplaces, wood-burning stoves, coal stoves, coal furnaces or solid fuel heaters for the burning of any material as outlined in § 113-2.1 this article.
C.
Such fireplaces, wood-burning stoves, coal stoves, coal furnaces
or solid-fuel heaters shall not be used for such purpose when, in
the judgment of AHJ, a fire hazard is created by such use and operation
and/or any danger is posed to the occupants therein or the neighboring
buildings and/or occupants.
D.
If the smoke, ashes and/or smell emitting to the outside atmosphere
from the chimney, stove pipe or flue are objectionable or offensive
to the general public, the operation of such fireplace, wood burning,
coal stove, coal furnace or solid fuel heater shall be suspended by
the AHJ.
Ashes, smoldering coals, wood and embers or other material liable
to spontaneous ignite, shall not be deposited or allowed to remain
within 10 feet of any combustible materials, but shall be deposited
in noncombustible containers. Rubbish of any kind shall not be allowed
to accumulate.
Any person violating any of the provisions of this article or
neglecting to comply with any order or notice issued pursuant hereto
for violation of any section hereto shall, upon conviction before
any District Justice, be subject to the payment of a fine of not more
than $1,000 and the payment of costs of prosecution for each offense,
or shall be subject to imprisonment for a period not exceeding 30
days. Each day's continuance of any violation of this article
shall constitute a separate offense, punishable by a like fine and
imprisonment in default of payment thereof.
Should a court of competent jurisdiction declare any section,
paragraph, clause or phrase of this article unconstitutional or invalid,
the remainder of said article shall not be affected thereby, and shall
remain in force and effect.
All ordinances or parts of ordinances in conflict with any provision
of this article are hereby repealed for the purposes of this article.
