Borough of Hughesville, PA Chapter 8 Fire Prevention and Fire Protection

Part 1 OUTDOOR BURNING

§ 1 Authority.

[Ord. 4-2006, 9/11/2006]

This Part 1 is adopted pursuant to authority granted by Sections 46202(3), (4), (5), (6), (16) and (74) of the Borough Code as set forth in Title 53 of Purdon's Pennsylvania Statutes Annotated, as amended.

§ 2 Purpose.

[Ord. 4-2006, 9/11/2006]

This Part 1 is adopted to promote and protect the health, safety and welfare of the residents of Hughesville Borough by prohibiting outdoor burning. The open burning of paper, trash or other flammable material is deemed to create fire and environmental hazards and must be regulated. In addition, outdoor burning may create nauseous, irritating and noxious fumes.

§ 3 Definitions.

[Ord. 4-2006, 9/11/2006]

For the purpose of this Part 1 and the enforcement thereof, the terms listed below shall be defined as follows:

APPROVED CONTAINERS

1. An appliance or device used for a recreational fire approved by and listed by a recognized testing agency, which is used in accordance with the listing and manufacturer's instructions. The use of such appliances is limited to residential, small commercial, or nonprofit use not requiring a building permit for installation and approvals or permits of other state and federal agencies, the installation of which will be subject to applicable codes and regulations.

2. Outdoor fireplaces constructed and intended for a recreational fire for residences or small commercial or nonprofit applications. Such fireplaces shall have an essentially contained fire chamber in which all burning takes place and a flue or chimney through which exhaust, gas, smoke or emissions escape.

BONFIRE

An outdoor fire used for ceremonial or training purposes.

OUTDOOR BURNING

A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue/vent stack or chimney which is part of an inhabited building used for residential, business, industrial, or other public or private purposes.

OUTDOOR FURNACE

A device located outside an inhabited building and used to burn combustible materials for the purpose of generating heat and/or hot water inside the inhabited building.

RECREATIONAL FIRE

An outdoor fire which is used to cook food for human consumption.

§ 4 General Prohibition on All Outdoor Burning.

[Ord. 4-2006, 9/11/2006]

Except as set forth below in § 5, under no circumstances shall any person perform or cause to be performed or permit to be performed any outdoor burning of any material, including but not limited to garbage, rubbish, refuse, trash, paper, paper products, rubber, wire, roofing shingles, trash, plastic/synthetic materials, brush, trimmings, rakings, leaves, grass, wood, coal, wood products and other similar materials.

§ 5 Exceptions.

[Ord. 4-2006, 9/11/2006]

1. Recreational Fires. Recreational fires in approved containers are hereby permitted.

2. Bonfires. A bonfire may be made for purposes such as fire company drills, pep rallies, and public celebrations upon application submitted to the Borough and approved by the Mayor.

3. Outdoor Furnaces. Existing outdoor furnaces that were constructed, installed or in use pursuant to Ordinances 1 and 3 of 2006 prohibiting future outdoor furnaces.[1]

[1] Editor's Note: Said ordinances were repealed by Ord. No. 6-2009. See now Ch. 2, Part 1, Outdoor Furnaces.

4. Tobacco Products. This Part 1 shall not be interpreted to include a prohibition of smoking tobacco products.

5. Celebration Devices. This Part 1 shall not be interpreted to include a prohibition of celebrations using devices such as sparklers, flares, and devices otherwise not classified as fireworks and prohibited by the laws of the Commonwealth of Pennsylvania which are commonly used for celebration. Fireworks are prohibited by permit pursuant to the laws of the commonwealth.

6. Public Health Hazard. A fire may be set or maintained to protect the public health or to prevent a fire hazard which cannot be abated by other means, but only after approval by the Borough Council and pursuant to regulations of the Commonwealth of Pennsylvania.

§ 6 Emergency Bans on Burning.

[Ord. 4-2006, 9/11/2006]

1. The Mayor, during periods of drought or other dry conditions, may issue a fire warning and prohibit all burning within Hughesville Borough, including the exceptions listed above in § 5. The prohibition may also include the discharge or ignition of flares or sparklers and other devices otherwise not classified as fireworks and controlled as such by the laws of the Commonwealth of Pennsylvania.

2. Notice of such drought or emergency conditions and the prohibition of outdoor burning shall be advertised one time in a newspaper of general circulation within the Borough. Violations of drought or emergency prohibitions shall constitute a violation of this Part 1 and shall be subject to the penalties provided herein.

§ 7 Penalty for Violation.

[Ord. 4-2006, 9/11/2006]

1. Any person, partnership, corporation or association violating the provisions of this Part 1 shall, upon being found liable therefore in a civil enforcement proceeding commenced by Hughesville Borough, pay a judgment in the amount of $50, plus court costs, service fees and reasonable attorneys' fees. For the second or subsequent violations within a period of five years from the first offense, the judgment amount shall be not less than $100 nor more than $1,000, plus court costs, service fees, and reasonable attorneys' fees. All judgments and reasonable attorneys' fees shall be paid over to Hughesville Borough.

2. Any person, partnership, corporation or association found to violate the provisions of this Part 1 where a fire company responds shall, in addition, be required to pay a fee to the fire company in an amount equal to the cost of the response and fire extinguishment, but in no event less than $50.