[Adopted 7-26-2014 by Ord. No. 864 (Ch. 7, Part 4, of the 1990 Borough
Code of Ordinances)]
This article is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of Royersford Borough, Montgomery
County, Pennsylvania, due to the air pollution and fire hazards of
open burning and outdoor burning.
This article applies to all wood-burning stoves and open burning
within the Borough of Royersford.
A.
This article does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B.
This article does not apply to burning in a furnace, fireplace or
other heating device within a building used for human or animal habitation.
C.
This article does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this article, the following terms shall have the
meanings indicated:
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
The Chief of the Royersford Fire Department or other person
designated by the Fire Chief or Royersford Fire Marshal.
A wood-fired stove that is located within a building intended
for habitation by humans or domestic animals.
A county, township, city, or village.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
Open burning or burning in an outdoor wood-fired boiler or
patio wood-burning unit.
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic animals.
A chiminea, patio warmer, or other wood-burning device used
for outdoor recreation and/or heating.
Any waste material like trees, logs, brush, stumps, leaves,
grass clippings, and other vegetative matter.
Open burning and outdoor burning are prohibited in the Borough
of Royersford unless the burning is specifically permitted by this
article.
Open burning of refuse is prohibited.
Open burning of trees, logs, brush, stumps, leaves, and grass
clippings is prohibited.
If a person shall install, use, or maintain an outdoor wood-fired
boiler in Royersford Borough, it must be first inspected by the Fire
Marshal and/or Code Enforcement Officer for proper placement and permit
applied for so not to cause damage or become a nuisance to the Borough
of Royersford and its residents.
If a person shall install, use, or maintain an indoor wood-fired
stove in Royersford Borough, it must be first inspected by the Fire
Marshal and/or Code Enforcement Officer for proper placement and permit
applied for so not to cause damage or become a nuisance to the Borough
of Royersford and its residents:
A patio wood-burning unit may be installed and used in the Borough
of Royersford only in accordance with all of the following provisions:
A.
The patio wood-burning unit shall not be used to burn refuse.
B.
The patio wood-burning unit shall burn only clean wood.
C.
The patio wood-burning unit shall be located at least 15 feet from
the nearest structure which is not on the same property as the patio
wood-burning unit.
D.
The patio wood-burning unit shall not be installed or used on any
balcony or open wooden or composite deck.
E.
The patio wood-burning unit shall not cause a nuisance to neighbors.
Outdoor campfires for cooking or ceremonies are allowed.
A.
Outdoor campfires shall not be used to burn refuse.
B.
Residents can only burn in approved NFPA containers that have screened
lids and are on during burning.
C.
There must a minimum of 15 feet from any structure.
D.
There must be a fire extinguishing agent present, i.e., garden hose,
bucket of water, fire extinguisher.
E.
Only clean wood may be burned.
F.
Campfire must be attended at all times.
G.
Campfire must be completely extinguished before retiring for the
day.
H.
Campfires may only be burnt between the hours of 12:00 noon and 12:00
midnight of any given day.
I.
If the Borough, county or state declares no burning due to dry conditions
or any other circumstance, then no burning is permitted.
J.
The Fire Department or Fire Marshal has the ability to extinguish
or have the resident extinguish any campfire that is deemed unsafe.
K.
The campfire shall not cause a nuisance to neighbors.
L.
The Fire Department or Fire Marshal has the ability of deny anyone
the ability to burn.
Notwithstanding §§ 240-15 and 240-16 of this article, structures and other materials may be burned for fire prevention training only in accordance with all of the following provisions:
A.
The burn must be exclusively for fire prevention training. The burning
shall not be used as a means to dispose of waste material, including
tires and other hazardous materials.
B.
At least seven days before a planned practice burn, residents within
2,000 feet of the site of the proposed burn shall be notified.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire-suppression costs and any other liability resulting from
damage caused by the fire.
The Fire Chief or any authorized officer, agent, employee or
representative of the Borough of Royersford who presents credentials
may inspect any property for the purpose of ascertaining compliance
with the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this article, the Borough may enforce this section in equity
in the Court of Common Pleas of Montgomery County.
Should any portion of this article be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected.
