Township of Rochester, PA Chapter 57 Burning, Open and Indoor

[HISTORY: Adopted by the Board of Commissioners of the Township of Rochester 7-17-2008 by Ord. No. 428. Amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention — See Ch. 76.

Property maintenance — See Ch. 110.

Solid waste — See Ch. 131.

§ 57-1 Purpose.

The purposes of this chapter are to:

A. Protect the air resources of the Township of Rochester in order to:

(1) Preserve the health, safety and well-being of Township residents.

(2) Prevent injury to plant and animal life and to property.

(3) Promote the comfort and convenience of the general public.

(4) Enhance the cleanliness and beauty of the community as a place to live and work.

B. Regulate the disposal of garbage and other domestic refuse in a manner consistent with environmental protection and public health concerns.

C. Restrict the production and emission of smoke, soot, fly ash, fumes and other particulate and gaseous products of combustion within Township limits.

D. Regulate the setting of fires within the Township.

E. Control the burning of refuse within the Township in a manner consistent with the provisions of the Air Pollution Control Act (Act No. 787 of 1959, as amended) and the Pennsylvania Department of Environmental Protection.

§ 57-2 Outside burning by commercial businesses prohibited.

All outside burning by any commercial business is prohibited, but this prohibition shall not apply to any incinerator or furnace built within or constructed within a building, provided that the chimney of that incinerator or furnace extends beyond the roof level 10 feet higher than the highest adjoining building on the adjacent premises; and, provided further, that the chimney has a wire screen or other top so constructed as to prevent fly ash from escaping.

§ 57-3 Outside burning restricted.

A. Except as expressly permitted below, all outside burning of any material is prohibited.

B. Charcoal, wood or gas fires kindled for the purpose of outside barbecues are permitted.

C. Open fires may be set in the performance of official duties by a police officer or fireman of the Township of Rochester if such fire is necessary for:

(1) The prevention of a fire hazard which cannot be abated.

(2) The protection of public health.

D. Campfire or ceremonial bonfires may be set, but only with prior approval of the Chief of the Rochester Township Volunteer Fire Department as to location, material, duration and required safety precautions.

§ 57-4 Indoor burning regulated.

Fireplaces and properly vented freestanding stoves within private residences are permitted for the purposes of providing heat or aesthetic enjoyment, but in no event shall garbage, rubbish or trash be burned therein.

§ 57-5 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, and/or to imprisonment for a term not to exceed 90 days. Each day that a violation of this chapter continues shall constitute a separate offense.