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Borough of Forty Fort, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 2007-3, 7/2/2007, § 27-1A]
For the purpose of this Part, definitions of the terms shall be those in the Forty Fort Borough Property Maintenance Code [Chapter 5, Part 3], and if not provided, definitions shall be taken from a widely used and available dictionary.
[Ord. 2007-3, 7/2/2007, § 27-1B]
1. 
No persons, firms, corporations or associations shall set, ignite or maintain any fire in the Borough of Forty Fort, or burn or cause to be burned any paper, garbage, construction materials, treated wood, leaves, household debris or any other material or substance of any kind out-of-doors.
2. 
Exceptions.
A. 
For cooking, all of the following must apply:
(1) 
Only for the purpose of cooking.
(2) 
Shall be confined and maintained in a non-combustible container, manufactured or approved by the Fire Chief or Chief Engineer and the Code Enforcement Officer for the purpose of cooking.
(3) 
The noncombustible container shall be assembled, installed and used in accordance with manufacturer's specifications, requirements, instructions or in accordance with the Fire Chief or Chief Engineer and the Code Enforcement Officer's requirements.
(4) 
Shall be a minimum of four inches above the floor or ground.
(5) 
Shall be a minimum of four feet from any tree lawn, sidewalk, street and alley.
(6) 
Shall be a minimum of eight feet from any structure, or a minimum of three feet from any structure provided there is a minimum five pound "ABC" dry-chemical fire extinguisher within five feet of the fire.
(7) 
Shall be a minimum of three feet from any property line.
(8) 
Shall not be maintained under a roof or ceiling of any type, unless there is a five-pound "ABC" dry-chemical fire extinguisher within five feet of the fire, and shall have a minimum of six feet of clearance from the fire to the bottom of the ceiling or roof.
(9) 
Shall be attended at all times.
(10) 
Shall have proper ventilation as determined by the Fire Chief or Chief Engineer and the Code Enforcement Officer, so as not to cause a nuisance or hazard.
B. 
For lighting, all of the following shall apply:
(1) 
Shall be assembled, installed, used, and maintained in accordance with manufacturer's requirements, specifications, and instructions or approved by the Fire Chief or Chief Engineer or the Code Enforcement Officer.
(2) 
Shall be a minimum of four inches above the ground or floor.
(3) 
Shall be a minimum of four feet from any tree lawn, sidewalk, street and alley.
(4) 
Shall be a minimum of six feet below the bottom of any roof or ceiling.
(5) 
Shall be a minimum of two feet from any structure.
(6) 
Shall be attended at all times.
C. 
For fire pits and fireplaces, all of the following must apply:
(1) 
Shall be constructed of non-combustible material.
(2) 
The noncombustible container shall be assembled, installed and used in accordance with manufacturer's specifications, requirements, instructions or in accordance with the Fire Chief or Chief Engineer and the Code Enforcement Officer's requirements.
(3) 
Shall be a minimum of four inches above the floor or ground. Shall be a minimum of four feet from any tree lawn, sidewalk, street and alley.
(4) 
Shall be a minimum of eight feet from any structure, or a minimum of three feet from any structure provided there is a minimum five pound "ABC" dry-chemical fire extinguisher within five feet of the fire.
(5) 
Shall be attended at all times.
(6) 
Must be covered with a non-combustible 1/2-inch or smaller screen mesh.
3. 
All exceptions must meet all applicable codes at the time of assembly and installation.
4. 
No exception shall allow the burning of any material or substance that creates a hazard or nuisance as determined by Code Enforcement, the Fire Department, or the Police Department.
[Ord. 2007-3, 7/2/2007, § 27-1C]
1. 
No persons, firms, corporations or associations shall burn or cause to be burned garbage, plastics, treated wood, construction materials, leaves, household debris, waste or any other substance or material of any kind, within any structure in the Borough of Forty Fort.
2. 
Exceptions.
A. 
All of the following shall apply:
(1) 
Shall be contained within an appliance or noncombustible container, assembled, installed, used and maintained in accordance with manufacturer's requirements, specifications, and instructions and approved by the Fire Chief or Chief Engineer and the Code Enforcement Officer.
(2) 
The appliance or noncombustible container shall be for the purpose of cooking or heating.
(3) 
Shall have proper ventilation as determined by the Fire Chief or Chief Engineer and the Code Enforcement Officer, so as not to cause a nuisance or hazard.
(4) 
The appliance or noncombustible container shall meet all applicable codes at the time of installation.
3. 
No exception shall allow the burning of any material or substance that creates a hazard or nuisance as determined by Code Enforcement, the Fire Department, or the Police Department.
[Ord. 2007-3, 7/2/2007, § 27-1D]
1. 
Any fire set to prevent or abate fire hazard as determined and approved by the Fire Chief or Chief Engineer and Code Enforcement Officer.
2. 
Any fire set for the purpose of instructing personnel in firefighting, when approved by the Fire Chief or Chief Engineer.
3. 
Any fire set for the prevention of control of disease or pests, when approved by the Fire Chief or Chief Engineer and the Code Enforcement Officer.
4. 
Any fire set for solely recreational or ceremonial purposes, when approved by the Fire Chef or Chief Engineer and the Code Enforcement Officer.
5. 
No permitted fire shall allow the burning of any material or substance that creates a hazard or nuisance as determined by Code Enforcement, the Fire Department, or the Police Department.
[Ord. 2007-3, 7/2/2007, § 27-2]
1. 
For the purpose of this section, outdoor assemblies shall include, but are not limited to, fairs, carnivals, sporting events, and bazaars.
2. 
All fires in conjunction with outdoor assemblies shall be required to meet the following requirements:
A. 
A minimum of a five pound "ABC" dry-chemical fire extinguisher within 10 feet of the fire shall be provided.
B. 
Adequate egress from any areas that have a fire as determined by the Fire Chief or Chief Engineer and Code Enforcement Officer shall be provided.
C. 
Adequate ventilation as determined by the Fire Chief or Chief Engineer and Code Enforcement Officer shall be provided.
D. 
All other ordinances, codes, laws and standards pertaining to outdoor assemblies shall be complied.
3. 
No permitted fire shall allow the burning of any material or substance that creates a hazard or nuisance as determined by Code Enforcement, the Fire Department, or the Police Department.
[Ord. 2007-3, 7/2/2007, § 27-3]
1. 
Where approval is required a fire permit shall be issued stating the location, type of fire and fuel used, purpose, length of time permit is valid, and any stipulations.
2. 
A permit fee, if any, shall be determined by resolution by the Borough Council. Permit applications shall be made upon forms provided by the Borough at the Forty Fort Borough building.
[Ord. 2007-3, 7/2/2007, § 27-4; as amended by Ord. 2009-8, 12/7/2009]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to a fine of not less than $100 nor 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 Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 2007-3, 7/2/2007, § 27-5]
This Part shall be enforced by Code Enforcement, the Fire Department, or the Police Department.