[HISTORY: Adopted by the Board of Supervisors of the Township
of Coolbaugh 2-16-1999 by Ord.
No. 97 (Ch. 7, Part 1, of the 1999 Code of Ordinances;
amended in its entirety 6-6-2017 by Ord. No. 128-2017. Subsequent amendments noted
where applicable.]
This chapter shall be known as "Township of Coolbaugh Burn Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any fire contained in an incinerator, fireplace or other
contained enclosure designed for outdoor cooking or a fireproof container.
Any fire not included in the definition of contained fire.
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any combustible material.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency or legal entity.
Materials designated as recycle by the Environmental Protection
Agency which include but are not limited to paper, cardboard, metal,
glass, plastic, leaves and branches.
Garbage, rubbish and trade waste.
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise the fire.
Solids not considered to be highly flammable or explosive
including, but not limited to, rags old clothes, leather, rubber,
carpets, ashes, furniture, tin cans, glass, crockery, masonry, plastics,
recyclable items and other similar items.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material including, but
not limited to, metals chemicals shipping containers or drums.
All solids, liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry
including, but not limited to, plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials; provided, that "trade waste" shall
not include any coal refuse associated with mining or preparation
of coal.
A.Â
Burning is allowed during the following time specifications: every
day, 8:00 a.m. to midnight.
B.Â
Every contained fire shall be built in and confined to a noncombustible
container no larger than 48 inches by 48 inches, covered with a screen
of 1/2 inch or smaller mesh, or with other suitable noncombustible
cover, and shall not be permitted closer than 25 feet from any structure
or combustible hazard.
C.Â
Each resident of Coolbaugh Township may use a fire pit, such as campfire,
grill, outdoor fireplace, fire ring, chiminea or similar device for
cooking food or for warmth, fellowship, recreation or ceremonial purposes,
provided the fire is set with charcoal, natural wood and wood products
only (no treated or painted wood of any kind may be used). Commercially
manufactured fire starters and fire logs may be used to kindle fires.
D.Â
The following are exceptions:
(1)Â
Fire set to prevent or abate a fire hazard, when approved by Pennsylvania
Department of Environmental Protection and set by or under the supervision
of a public officer.
(2)Â
Fire set for the purpose of instructing personnel in firefighting.
(3)Â
Fire set for the prevention and control of disease and pests by authorized
persons in accordance with federal, state and local law.
(4)Â
Prescribed controlled fire for the conservation and management of
unique and natural areas and/or for the reduction of fuel loads by
authorized persons in accordance with federal, state and local law.
(5)Â
Fire used as a management technique for preventing wildfires, scientific
research or vegetation management.
E.Â
All of fires shall be attended to at all times by a reasonable adult
with readily available means of extinguishing the fire.
F.Â
Fire must be extinguished thoroughly with no smoldering, by water,
sand or other fire-retardant product.
G.Â
No burning is allowed during a fire emergency, as proclaimed by Monroe
County Emergency Management, Coolbaugh Township Emergency Management,
Coolbaugh Township Fire Chief or Township of Coolbaugh.
H.Â
No recyclables may be burned at any time in Coolbaugh Township.
I.Â
No person shall burn, ignite, incinerate, maintain or otherwise permit
any fire upon the streets, roads, alleys and/or public rights-of-way
in Coolbaugh Township.
A.Â
Burning of construction debris, aerosol cans, by-products of manufacturing
and processing operations and wastes from commercial operations is
strictly prohibited.
B.Â
Nothing herein shall be construed to permit or encourage the burning
of any substance determined by the Commonwealth of Pennsylvania or
the United States Environmental Protection Agency to be a "hazardous
substance"; nor shall any fire be permitted to burn by any persons
if such burning is in violation of the Air Pollution Control Act or
other legislation of the Commonwealth of Pennsylvania or the United
States of America or any of their legislative agencies.
The Township of Coolbaugh, Coolbaugh Township Emergency Management
or Coolbaugh Township Fire Chief may declare a fire ban emergency
in the Township during a period of drought, or other periods of high
fire risk to woodland or property within the Township. Upon the Township
of Coolbaugh, Coolbaugh Township Emergency Management or Coolbaugh
Township Fire Chief declaring a fire ban emergency, all outdoor burning
of fires shall be prohibited until the ban is lifted by the Township
of Coolbaugh, Coolbaugh Township Emergency Management or Coolbaugh
Township Fire Chief. The Township of Coolbaugh, Coolbaugh Township
Emergency Management or Coolbaugh Township Fire Chief shall publish
a notice of the fire ban emergency at least once in a local newspaper
of general circulation. In addition, the Township may issue news releases
to all communicated media including radio, television, newspapers
and Internet.
The Township of Coolbaugh shall appoint the Zoning Officer who
shall have the power to enforce the provisions of this chapter, or
in the absence of the Zoning Officer, a Pocono Mountain Regional Police Officer
or a Coolbaugh Township Fire Chief.
It shall be unlawful to burn, ignite, incinerate, maintain or
otherwise permit the burning of any materials whatsoever without complying
with the requirements of this chapter. Any person who shall violate
any of the provisions of this chapter shall, upon conviction in a
summary proceeding brought in the name of the Township, before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania rules of criminal procedure,
be sentenced to pay a fine of not more than $300 and the costs of
prosecution and in default of payment, to imprisonment for a term
of not to exceed 90 days, provided, that each day's violation
of any of the provisions of this chapter shall constitute a separate
offense.
In the case of a fire requiring firefighters and/or equipment
and upon conviction of any violation of this chapter, the violator
shall also pay charges in order to cover the firefighting costs.
A.Â
Charges shall be assessed for use of all firefighting apparatus and
equipment used.
B.Â
Additional labor charges shall be assessed under this chapter based
upon an hourly rate for all firefighters engaged in the firefighting
activities.
C.Â
The Township of Coolbaugh shall determine by resolution a reasonable
schedule of costs based upon mileage, operating costs, firefighting
equipment and man hours. These charges shall be in addition to and
not in lieu of any penalties provided elsewhere in this chapter.
The Township of Coolbaugh and its agents, officials, and representatives
shall not under any circumstance be liable or responsible for damages
caused to any person or property under the provisions of this chapter,
or by reason of the conduct of any burning activity in compliance
or noncompliance with the terms and provisions hereof. The person,
persons, company or companies responsible for any such fire shall
bear sole liability for any damages caused as a result thereof.
