[HISTORY: Adopted by the City Council of the City of Lower
Burrell as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-19-1982 by Ord. No. 6-1982]
A.
In each dwelling unit or individual apartment within buildings used
as multiple dwellings, there shall be provided and installed by the
owner of the building, a minimum of one approved automatic smoke detector
which when activated provides an alarm suitable to warn the occupants
therein, and said detector shall also be required to have Underwriters
Laboratories approval. Said detectors shall be installed by not later
than December 1, 1982.
B.
In all other existing buildings, a minimum of one detector shall
be installed within 30 days of change of ownership of the real estate
upon which the building is erected.
C.
In all newly constructed buildings occupied subsequent to the enactment
of this article, a minimum of one detector (per unit) shall be installed
not later than upon occupancy of the building.
[Amended 12-12-2016 by Ord. No. 6-2016]
All persons being owners of real estate upon which a building
is erected shall, upon violation of the provisions of this article
and upon conviction thereof, 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.
[Adopted 6-10-1996 by Ord. No. 5-1996]
This article shall be known and may be cited as the "Lower Burrell
Open Burning Ordinance of 1996."
The Council of the City of Lower Burrell has determined that
unrestricted fires may be detrimental to the health, comfort, living
conditions, welfare and safety of the citizens of Lower Burrell.
The following words, terms and phrases, when used in this article
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
A fire in which any material is burned in a receptacle other
than a furnace or incinerator.
City Council of Lower Burrell.
Any enclosed device specifically designed for the burning
of any materials for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator. This includes a
contained fire.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, department, bureau, agency or other entity
recognized by law as the subject of rights and duties.
Any domestic-related plastic products or materials containing
plastics, Styrofoam, foam rubber, tires, rubber products, paints,
solvents, lacquers, varnishes, epoxies and resins.
Garbage, rubbish and trade waste.
Solids not considered to be highly flammable, including but
not limited to wood, tree branches, yard trimmings and other similar
materials.
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 solid or 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, however, that trade
waste shall not include any coal refuse associated with the mining
or preparation of coal.
The Police, Fire Chief, Ordinance Officer or any other duly
authorized agent shall have the power to enforce the provisions of
this article.
A.
No person shall:
(1)
Ignite or feed an open fire for the destruction of refuse or in the
conduct of a salvage operation in any public or private place outside
of any building.
(2)
Cause, suffer, allow or permit the maintenance of any open fire for
the destruction of refuse or in the conduct of a salvage operation
on any property under his control.
(3)
Any type of burning by businesses or commercial establishments is
prohibited.
B.
Exceptions.
(1)
Open fires.
(b)
Open fires may be set by permit approval of the Ordinance Officer,
provided:
[1]
Only rubbish, such as tree branches and similar material, excluding
leaves, is burned.
[2]
No hazardous condition or nuisance will be created by such burning.
Any fire determined to be a nuisance or hazardous upon investigation
by those individuals with the right to enforce this article shall
be extinguished.
[3]
The open burning permit will be valid for one week and only
one permit per address will be issued per month.
[4]
The open fire must be 50 feet from the property line and 50
feet from any structure.
[5]
The fire must be supervised by a responsible individual.
[6]
Open fires may be set for recreational purposes such as cooking,
fishing, camping, etc.
(2)
A contained fire is only permitted at residences subject to the following
conditions:
[Amended 10-11-2004 by Ord. No. 3-2004]
(a)
Burning is prohibited from April 1 to October 1. However, indoor
woodburning fireplaces, chimineas, outdoor barbecues for eating purposes,
and outdoor wood fireplaces for heating are permitted.
(b)
Burning is permitted from October 2 to March 31. However, burning
is only permitted on Tuesdays and Saturdays from dawn to dusk.
(c)
The only material permitted to be burned is wood from yard waste
during the burning periods.
(d)
Burning of materials that produce noxious, irritating odors
are prohibited. The burning of garbage, trade waste, plastics, oils,
and newspapers is prohibited.
(e)
No hazardous condition or nuisance is permitted.
(f)
Recreational fires, such as scout campfires, or bonfires, are
permitted. However, if a complaint is received concerning such campfire
or bonfire from surrounding residents, the ordinance officer or police
will require the fire to be extinguished.
(g)
Fires must be supervised at all times.
(h)
At residences, a fire must be burned in a container or at least
a two-foot high fire ring.
(i)
Properties two acres or more are permitted to burn Tuesday and
Saturday of each month year round from dawn to dusk; except that Saturday
burning, during the months of June, July, August, and September is
restricted to the hours of dawn to noon. The fire must be at least
50 feet from property lines and 50 feet away from any structure. The
fire must also be contained and supervised at all times. However,
if surrounding residents complain to the City concerning the burning,
the Ordinance Officer or police will require the fire to be extinguished.
(j)
Burning on properties of less than two acres must be 15 feet
from any property from any property line and 25 feet from any structure.
(k)
Any person who engages in burning shall be responsible for all
costs associated with putting out a fire if the fire goes out of control
or spreads and the Fire Department is called to assist in the extinguishment.
A.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof, 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 article continues shall constitute
a separate offense.[1]
B.
Any person who engages in burning shall be responsible for all costs
associated with putting out a fire, if the fire goes out of control
or spreads and a Fire Department or the City is called to assist in
the extinguishment.
