[Ord. 1153, 12/3/2008]
The purpose of this Part 7 is to protect and promote the health,
safety, and welfare of the residents of the Borough of Quakertown.
[Ord. 1153, 12/3/2008]
As used in this Part, the following terms shall have the meanings
indicated:
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure-treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
A wood-fired boiler, stove or furnace that is not located
within a building, intended for the heating purposes of habitation
by humans or domestic animals.
A chimney, patio warmer, or other portable wood-burning device
used for outdoor recreation and/or heating.
Any waste material, garbage, animal carcasses, and trash
or household materials, except trees, logs, brush, stumps, leaves,
and other vegetative matter.
[Ord. 1153, 12/3/2008]
1.
Prohibition Against Open Burning. Within the municipal limits of
the Borough, no person shall kindle, set, start, ignite, maintain
or permit the kindling, setting, starting, ignition or maintenance
of any open burning outside of any building for any purpose at all,
including, by way of example and not by way of limitation, any junk
fire, refuse fire, open fire, or a fire ignited to burn brush, grass,
wood, leaves, paper, rubbish, garbage, construction materials, etc.
2.
Open burning that will be offensive or objectionable due to smoke
or odor emissions due to atmospheric conditions or local circumstances
shall be prohibited. The Code Official or Fire Marshal is authorized
to order the extinguishment of any open burning which creates or adds
to a hazardous or objectionable situation. The Fire Marshal or Code
Official may ban open burning within the Borough when atmospheric
conditions result in the potential for wildfires that may spread from
their source due to dry vegetative or plant conditions.
[Ord. 1153, 12/3/2008]
The prohibition against open burning in § 703 above
shall not apply to any fire started or ignited:
A.
For the purpose of instructing fire-fighting personnel.
(1)
Burning will be allowed for the purpose of instructing or training
fire-fighting personnel under the supervision of the Fire Chief or
officer in charge. However, fire for fire-fighting training may not
be used when atmospheric conditions would create a situation of offensive
or objectionable smoke or odor on other premises.
B.
To prevent or abate a fire hazard.
C.
For the prevention and control of disease or pests.
D.
Solely for ceremonial purposes, such as a bonfire.
(1)
A permit shall be obtained from the Borough Fire Marshal prior to
kindling a fire to prevent or abate a fire hazard, for the prevention
and control of disease or pests and for ceremonial purposes, such
as a bonfire.
(2)
When required by state or local law or regulations, open burning
shall only be permitted with prior approval from the state or local
air and water quality management authority, provided that all conditions
specified are followed.
(3)
The location for Subsections B, C and D above shall not be less than
50 feet from any structure, and provisions shall be made to prevent
the fire from spreading to within 50 feet of any structure.
E.
The outdoor cooking of food shall be permitted in or on an Underwriters'
Laboratories (UL) approved open-flame cooking device, solely intended
for the cooking of food, and in strict adherence with the manufacturer's
specifications and the 2006 International Fire Code.
(1)
Units not approved by Underwriters' Laboratories (UL) must be approved
by the Borough Fire Marshal and used in strict adherence with manufacturer's
specifications and the 2006 International Fire Code.
F.
The use of patio wood-burning units that are approved by Underwriters'
Laboratories (UL) are approved for use under the following conditions:
(1)
The patio wood-burning unit is approved by Underwriters' Laboratories
(UL).
(2)
Under no circumstances shall trash, garbage, leaves, brush, branches
or hazardous materials be used in the ignition of these devices. The
burning of clean wood only is permitted.
(3)
The use of a patio wood-burning unit is used in accordance with manufacturer's
specifications and the 2006 International Fire Code.
(4)
The patio wood-burning unit, while in use, must be ignited, attended
and extinguished by an adult (18 years or older). A minimum of one
portable fire extinguisher or other approved on-site fire-extinguishing
equipment, such as a bucket of water or garden hose, shall be available
for immediate utilization.
(5)
Units not approved by Underwriters' Laboratories (UL) must be approved
by the Borough Fire Marshal and used in strict adherence with manufacturer's
specifications and the 2006 International Fire Code.
G.
The use of masonry home-built units are approved for use under the
following conditions:
(1)
The existing masonry home-built unit has been inspected and approved
by the Borough Fire Marshal.
(2)
Under no circumstances shall trash, garbage, leaves, brush, branches
or hazardous materials be used in the ignition of these devices. The
burning of clean wood only is permitted.
(3)
The outdoor fireplace must be ignited, attended and extinguished
by an adult (18 years or older). A minimum of one portable fire extinguisher
or other approved on-site fire-extinguishing equipment, such as a
bucket of water or garden hose, shall be available for immediate utilization.
(4)
The owner of a new masonry home-built unit shall obtain a permit
from the Code Enforcement Office prior to any installation, and the
final installation shall be inspected by the Code Enforcement Official
and only put into operation with written approval from the Borough's
Code Enforcement Office. The purpose of the Code Enforcement Office
inspection will only be to ensure compliance with this Part and shall
not be considered a safety inspection.
H.
An outdoor wood-fired boiler may be installed and used in accordance
with all of the following provisions:
(1)
The outdoor wood-fired boiler shall not be used to burn refuse and
shall be used to burn clean wood only.
(2)
It shall be located at least 100 feet from the nearest residential
dwelling which is not on the same property as the outdoor wood-fired
boiler.
(3)
It shall have a chimney that extends at least 15 feet above the ground
surface or three feet above the building it serves, whichever is greater.
In addition, the chimney shall extend three feet above the highest
peak of any residence located within 500 feet from the wood-fired
boiler. The Fire Marshal or his/her designee may approve a lesser
height on a case-by-case basis if, in the opinion of the Fire Marshal
or his/her designee, it is necessary to comply with the manufacturer's
recommendations and if a lower chimney height does not create a nuisance
to neighbors.
(4)
The owner of the outdoor wood-fired boiler shall obtain a permit
from the Code Enforcement Office prior to any installation, and the
final installation shall be inspected by the Code Enforcement Official
and only put into operation with written approval from the Borough's
Code Enforcement Office. The purpose of the Code Enforcement Office
inspection will only be to ensure compliance with this Part and shall
not be considered a safety inspection.
[Ord. 1153, 12/3/2008]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, 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 30
days, Each day that a violation of this Part continues shall constitute
a separate offense.
