[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst 4-4-2013 by Ord. No. 554. Amendments noted where applicable.]
For the purposes of this chapter, 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 Kenhorst
Borough under the Pennsylvania Act 101,[1] including scrap lumber (non-treated/painted) and brush.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
It shall be unlawful for any person to open burn any material, including
the following, at any time in any zone within Kenhorst Borough:
(1)
Household trash, books, magazines, newspapers, cardboard and/or any
items that are required to be recycled in Kenhorst Borough under Pennsylvania
Act 101[1] and consistent with Chapter 384, Article II, Waste Management and Recycling, of the Code of the Borough of Kenhorst, 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 tires, 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[2] 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.
The AHJ may suspend the above regulations at any time when the following
conditions exist:
Outdoor stoves and grills shall be allowed upon private property
within Kenhorst Borough solely for the purpose of cooking foods. The
following regulations shall apply:
A.
No person shall use such stoves or grills for burning of materials as outlined in § 163-2A of this chapter.
B.
Outdoor stoves or grills shall not be used for such purposes other
than cooking food.
C.
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, or factory-built metal novelty stoves
shall require a permit for outdoor use on residential private property
within all zoning districts of Kenhorst Borough, provided that the
following regulations apply:
A.
No persons shall use such fire pits, chimineas or factory-built novelty stoves, for the burning of any material outlined in § 163-2A of this chapter.
B.
If smoke, ash, or smell emitting from such fire pits, chimineas or
factory-built novelty stoves, become objectionable or offensive to
neighboring properties, the AHJ may suspend the operation of same.
Fireplaces, wood-burning and coal stoves shall be permitted
inside residential private property within all zones of Kenhorst Borough
solely for the purpose of heating the dwelling unit. 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, coal stoves or solid-fuel
heaters.
B.
No person may use such fireplaces, wood-burning, coal stoves or solid-fuel heaters for the burning of any material as outlined in § 163-2A of this chapter.
C.
Such fireplaces, wood-burning, coal stoves 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 or solid-fuel heater shall be suspended by the AHJ.
Ashes, smoldering coals, wood and embers or other material liable
to spontaneously 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.
All permits required under any provisions of this chapter shall
be issued in accordance with Section 105, Permits, of the 2009 International
Fire Code or versions as amended from time to time and adopted by
Kenhorst Borough, with the following provisions:
A.
A fire prevention "special" permit as outlined in § 163-2A shall be obtained from the Borough Office a minimum of 48 hours prior to burning. The applicant shall provide name, address, phone number, the purpose for the permit and attach a drawing of the proposed burning site.
B.
An annual permit is required for fire pits, chimineas or factory-built
novelty stoves. Permits must be renewed annually and expire on December
31 of the permit year.
C.
Before the permit is issued, an inspection may be made by the AHJ
to assure that the use of the permit complies with the provisions
of this chapter and the International Fire Code.
D.
Any permit issued may be revoked for the protection of life or property
or to prevent or abate the nuisances caused by such burning. (A nuisance
would be defined as ash fallout or smoke accumulation in the area
of residential occupancies.)
E.
If a person starts a fire without a permit or if a permit holder
fails to comply with any term or condition of the permit, and as a
result of that failure, the fire department is required to suppress
a fire, the person or permit holder is liable for the cost of fire
suppression and subject to fines in District Court.
F.
Permit fees will be set from time to time by a duly adopted resolution
of the Kenhorst Borough Council.
Any person violating any of the provisions of this chapter or neglecting to comply with any order or notice issued pursuant hereto for violation of any section hereto, shall upon conviction before any Magisterial District Judge, be subject to the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty. Each day's continuance of any violation of this chapter shall constitute a separate offense, punishable by a like fine and imprisonment in default of payment thereof.
