[Adopted 2-25-14 by Ord. No. O-2014-003]
The purpose of this Article is to promote the public health,
safety and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the residents and citizens of the Township of
Winslow by regulating the air pollution and fire hazards associated
with open burning and outdoor burning.
For purposes of this Article, and as used herein, the following
terms shall have the meanings indicated:
noncombustible containers approved by the Bureau for use
in burning open fires or outdoor fires, which include but may not
be limited to chimeneas, outdoor fireplaces, fire pits, patio warmers
or other portable wood-burning devices used for outdoor recreation
and/or heating and which meet the minimum standards set forth in this
Article. A container shall not be considered an approved container
if it permits the products of combustion to be emitted directly into
the ambient air without passing through a stack or chimney from an
enclosed chamber. A chamber shall be regarded as enclosed when, during
the time combustion occurs, only apertures, ducts, stacks, flues or
chimneys necessary to provide combustion air and permit the escape
of exhaust gas are open.
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 Winslow Township Fire District, including but not limited
to the Fire Marshal and such other persons who are members, employees
and/or authorized representatives thereof.
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.
Any waste material except trees, logs, brush, stumps, leaves,
grass clippings, and other vegetative matter.
A.
Except as otherwise set forth below, open burning and outdoor burning
is strictly prohibited in the Township of Winslow unless such burning
is specifically permitted in this Article.
B.
Open burning and outdoor burning of the following materials is strictly
prohibited:
(1)
Refuse;
(2)
Yard waste, including but not limited to leaves, brush, vines, evergreen
needles, grass clippings and branches smaller than three (3) inches
in diameter;
(3)
Garden waste, including but not limited to weeds, vines, dead garden
plants and other vegetative waste;
(4)
Construction and demolition waste;
(5)
Treated/pressure-treated, lumber;
(6)
Paper products;
(7)
Aluminum, glass or plastic cans, bottles or containers; and
(8)
Any other material not mentioned above except clean wood.
C.
No individual shall install, use or maintain an outdoor wood-fired
boiler in the Township of Winslow.
D.
The use of any type of flammable liquids to ignite, accelerate or
maintain an open fire or outdoor fire is strictly prohibited.
A.
Subject to all terms and conditions of this Article, open burning
and outdoor burning shall be permitted without a permit at all single-family
dwellings, duplexes and townhouses.
B.
Open burning or outdoor burning shall not be permitted in any other
location except:
(1)
In accordance with a permit issued under the provision of N.J.A.C.
7:27-2 administered by the New Jersey Department of Environmental
Protection State Forest Fire Service; or
(2)
With the approval of the Fire District pursuant to the regulations
published in Section F-403.0, et seq. of the New Jersey Uniform Fire
Code.
C.
Notwithstanding anything herein to the contrary, no burning shall
be permitted at any permitted location on days which the State of
New Jersey has issued a ban on burning or in situations where the
Fire District has determined the welfare and safety of the person(s)
or property involved are in danger.
All permitted open fires or outdoor fires shall be maintained
under the following conditions:
A.
All fires shall be contained in an approved container only;
B.
All open fires or outdoor fires shall be limited to a maximum of
three (3) feet in diameter and two (2) feet in height;
C.
All openings in the approved container shall be covered with wire
mesh or other noncombustible screening material that will prevent
the passage of sparks and embers;
D.
Only clean wood may be used in any open fire or outdoor fire;
E.
All open fires or outdoor fires shall be kept a minimum of fifteen
(15) feet from any structure or combustible exterior wall;
F.
Open fires and outdoor fires must be attended and maintained by an
individual of the age of eighteen (18) years or older until the fire
is completely extinguished;
G.
No open fire or outdoor fire shall be attended or maintained by an
individual under the age of eighteen (18) years; provided, however,
that nothing herein shall prohibit individuals under the age of eighteen
(18) from using an open fire or outdoor fire for recreational purposes;
H.
No open fire or outdoor fire shall be conducted on any porch, deck,
balcony or other portion of a building; within any room or space within
a building; or under any building overhang; provided, however, that
an open fire or outdoor fire may be conducted on a concrete or stone
patio if and only if all other provisions of this Article are met;
I.
All open fires and outdoor fires shall be completely extinguished
by 1:00 a.m.; and
J.
No person shall cause an open fire or outdoor fire to be used or
maintained in such a manner as to cause a nuisance to neighbors.
In addition to complying with the terms and conditions set forth
in this Ordinance, all open burning and outdoor burning shall comply
with the provisions of the International Fire Code, New Jersey Edition
2006, Section 307 (Open Burning and Recreational Fire), as same may
be amended from time to time.
A person utilizing or maintaining an open fire or outdoor fire
shall be responsible for all fire suppression costs and any other
liability resulting from damage caused by the fire.
The Fire District, Fire Marshal, police officer or any authorized
officer, agent, employee or representative of the Township of Winslow
who presents credentials may inspect any property for the purpose
of ascertaining compliance with the provisions of this Article. Said
persons may order any open fire or outdoor fire which creates a nuisance
or is deemed to be a hazard to be extinguished.
Except as provided below, this Article applies to all outdoor
burning and open burning within the Township of Winslow:
A.
Cooking appliances; outdoor grilling. This Article does not apply
to grilling or cooking food using charcoal, wood, propane or natural
gas in cooking or grilling appliances.
B.
Heating of residential properties. This Article does not apply to
burning for the purpose of generating heat in a stove, furnace, fireplace
or other heating device within a building used for human habitation.
C.
Heating for commercial activities. 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.
A.
Enforcement. Notwithstanding any other provisions of this Chapter 204 to the contrary, the Fire District, by and through the Fire Marshal or his/her designees, the Winslow Township Police Department, the office of Code Enforcement and the Construction Code Official are authorized to enforce the provisions of this Article.
B.
Civil fines; imprisonment; injunctions. Notwithstanding any other provisions of this Chapter 204 to the contrary, any person, firm, association, partnership, corporation, or governmental entity who or which violates any of the provisions of this Article or who fails to comply with a duly authorized order issued pursuant to this Article shall be deemed to be responsible for a municipal civil infraction which shall be punishable by civil fine not to exceed two hundred dollars ($200.) or imprisonment in the County Jail for a period not to exceed thirty (30) days, or both. Each day that a violation of this Article exists or continues shall constitute a separate violation of this Article. In addition, the Township of Winslow shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Article.
C.
Expenses. In addition to any other remedy provided in this Chapter 204, any person, firm, association, partnership, corporation, or governmental entity who or which violates any of the provisions of this Article or who fails to comply with a duly authorized order issued pursuant to this Article also shall be responsible to pay costs which may include all expenses, direct and indirect, which the Fire District, Police Department and/or Township of Winslow has incurred in connection therewith.
