Township of Ross, PA Part 5 RECREATIONAL FIRES AND OPEN BURNING

§ 7-501 Intent.

[Ord. 2288, 4/12/2010]

The purpose of this Part is to establish guidelines for recreational fires within the Township, thereby furthering the prevention and control of fires and fire hazards.

§ 7-502 Definitions.

[Ord. 2288, 4/12/2010]

1. The following words and terms shall have the meanings set out herein:

CONTAINED FIRE

Any outdoor fire contained in a fireplace, brazier, pit, fire ring or other similar contained or enclosed structure.

COOKING FIRE

Any fire for the purpose of cooking and contained in an outdoor barbecue, gas or other type of cooking grill which is freestanding and self contained.

ENFORCEMENT OFFICER

The Township Code Enforcement Officer, Fire Marshal, or such other persons designated from time to time by the Board of Commissioners, including the provider of police services for the Township, any of whom are authorized to enforce this Part and are designated as the Enforcement Officer for this Part.

FIRE

Any fire set or maintained outside a building.

GRUBBING WASTE

Tree parts, tree limbs, weeds, grass and other organic material.

PERSON

Any individual, partnership, organization, association, agency, firm, estate or corporation and any other legal or commercial entity.

RESPONSIBLE ADULT

Any 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 a fire.

TOWNSHIP-DESIGNATED FIRE COMPANY

The Ross Township Volunteer Fire Company, or its successor, or any other fire company authorized, or designated by the Township Board of Commissioners, to fight fires within the Township.

UNCONTAINED FIRE

Any fire not included in the definition of "contained fire."

§ 7-503 Prohibited Burning.

[Ord. 2288, 4/12/2010]

1. The following are prohibited:

A. Burning of construction debris, plastics, by-products of manufacturing and processing operations, tires, waste from commercial operations and any other substances which are likely to emit noxious odors or dense smoke is strictly prohibited.

B. No fire shall be allowed to burn unattended without a responsible adult being present at all times and without readily available fire extinguishing apparatus or equipment.

C. No fire shall be allowed to burn within 50 feet of any building, property line, or street right-of-way line, except that cooking fires as defined herein may be less than 50 feet from a building, provided that reasonable safeguards are maintained.

D. No person shall set, start, feed, permit to burn or maintain any fire upon any of the streets, sidewalks, alleys or public grounds of the Township, except where a designated area has been set aside or reserved for this purpose and an appropriate container has been provided to contain such fire.

E. Any fires restricted by §§ 7-502 and 7-503 of this Part or whenever a burning ban is placed into effect by the Commonwealth of Pennsylvania, and/or Allegheny County and/or Ross Township. No burning ban imposed under this Part shall prohibit cooking fires, as defined in § 7-502 of this Part.

F. Notwithstanding the provisions of § 7-504, it shall be a violation of this Part for any person to allow any fire to burn under adverse weather conditions or unsupervised, or otherwise in an unsafe manner.

G. No person shall set or maintain any uncontained fire between sunset and sunrise.

H. Contained fires shall not be permitted to burn or smolder between the hours of midnight and 6:00 a.m.

I. Notwithstanding any of the provisions of § 7-504 of this Part, no fire of any kind shall be permitted which results in smoke, fire, ash, cinders, or partly burned materials being carried onto or deposited on adjoining properties or at buildings on adjoining properties.

§ 7-504 Permitted Fires.

[Ord. 2288, 4/12/2010]

1. The following are permitted:

A. Cooking, recreation or ceremonial fires, so long as they are contained fires as defined herein.

B. Fires set for the purpose of providing firefighting training by Township-designated firefighting organizations.

C. Fires set for the prevention and control of disease or pests, when approved by the Department of Environmental Protection or its designee, and tended and controlled by authorized personnel.

D. In the event it is necessary or desirable to have an uncontained fire of a size and/or at times other than permitted under this Part, such as a large uncontained recreational fire such as a bonfire, an operational fire permit shall be obtained in advance from the Ross Township Building Code Official with approval from the Ross Township Fire Marshal or his designee.

§ 7-505 Extinguishing Fires; Costs.

[Ord. 2288, 4/12/2010]

1. Any fire set in violation of this Part may be extinguished by the Township-designated fire company, either at the request of the fire chief of such company, Fire Marshal, or the Township Enforcement Officer, as defined in § 7-502. The Township Board of Commissioners expressly authorizes the Fire Marshal, fire chief and the Township Enforcement Officer to make such decisions, and authorizes the extinguishment of fires on the basis of that authority.

2. In the event that any fire company is required to respond to a fire which violates the provisions of this Part, a service fee which reflects the reasonable costs incurred in fighting the fire may be levied by the responding fire company against any and all violators. Such fee is expressly authorized by this Part.

§ 7-506 Penalties; Liability.

[Ord. 2288, 4/12/2010]

1. Any person as defined in this Part who, upon the issuance of a summary citation or the commencement of a summary proceeding by the Township Enforcement Officer, shall be found to have violated any of the provisions of this Part in a summary proceeding before a magisterial district judge, shall be subject to a fine not to exceed $1,000, together with costs, for each violation, and/or imprisonment to the extent permitted by law for the punishment of summary offenses. Each day of violation and each separate fire violating this Part shall constitute a separate violation.

2. No penalty contained herein shall prevent the Township from enforcing this Part by equitable, injunctive or other legal remedies.

3. Neither Ross Township nor its agents, officials and representatives, including the Township-designated fire company, shall be under any circumstances liable or responsible for damages caused to any person or property by reason of the provisions of this Part or by reason of the conduct of any burning activity in compliance with the terms and provisions of this Part, or as a result of extinguishing or fighting any fire, whether such fire was started in violation of, or in compliance with, this Part. The person responsible for any such fire shall bear sole liability for any damages caused as a result thereof.