[HISTORY: Adopted by the Borough Council of the Borough of Catasauqua 10-5-2020 by Ord. No. 1394. Amendments noted where applicable.]
A. 
As used in this chapter, the following words and phrases shall have the meanings indicated:
APPROVED
Acceptable to the Fire Inspector or as otherwise approved by Underwriters' Laboratory or other similar testing organization.
BUILDING
Any structure or part thereof used or intended for supporting or sheltering any occupancy.
ENFORCEMENT OFFICIAL
The Borough of Catasauqua Fire Inspector, Fire Chief, a member of the Catasauqua Police Department, code official or other designated authority charged with the administration and enforcement of the Borough Building, Fire, or Property Maintenance Codes.[1]
FIRE PIT
A freestanding outdoor fireplace that extends below grade. The fire pit shall be constructed of noncombustible materials such as brick, steel or masonry. It shall not extend below grade deeper than four inches. The bottom shall be constructed of crushed stone. The sides shall not be higher than 24 inches. The diameter shall not exceed 36 inches and the fuel pile height shall not exceed 18 inches. A screen/mesh cover is required.
OUTDOOR FIREPLACE
An approved fireplace, with an Underwriters' Laboratories (UL) listing, constructed of steel, concrete, stone, metal or other noncombustible material that is fueled with the recommended combustible substance such as wood, charcoal, propane or natural gas. An outdoor fireplace shall be constructed to meet the International Residential Code with a properly secured permit. The firebox shall not exceed 36 inches in diameter or square and the fuel pile shall not exceed 18 inches in height.
PERSON
Any individual, partnership, limited-liability partnership, firm, company, limited-liability company, corporation, association, or any other legal entity and with respect to each its agents, servants and employees.
PORTABLE OUTDOOR FIREPLACE
A portable, outdoor, solid-fuel- or gas-burning fireplace with an Underwriters' Laboratories (UL) listing, or with another nationally recognized testing organization's listing, that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening at the top. The fire box shall not exceed 36 inches in diameter or square and the fuel pile shall not exceed 18 inches in height. If the device is gas or electrically fueled, the fire box shall meet the previously stated requirements of shall exceed 48 inches in length and 12 inches in width.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an outdoor fireplace, portable outdoor fireplace, or cooking appliance (such as a gas or charcoal grill or smoker) and is used for pleasure, religious, ceremonial, or similar purposes.
[1]
Editor's Note: See Ch. 130, Codes Uniform.
B. 
Words and phrases not defined herein shall be defined in accordance with the International Fire Code, 2009 Edition. If not defined in the International Fire Code, 2009 Edition, then such words or phrases shall be as defined in the Merriam Webster's Collegiate Dictionary, 11th Edition.
Except as otherwise set forth in § 122-3, below, no person shall cook outside or set or maintain any fire upon any of the streets, sidewalks, alleys or public grounds in the Borough of Catasauqua, or burn or cause to be burned thereon any paper, boxes, rubbish, leaves or other material or substance of any kind; nor shall any person or persons set or maintain any fire, or burn or cause to be burned any substance or material of any kind out of doors anywhere within the Borough of Catasauqua.
A. 
Approved outdoor cooking appliances used solely for cooking, used with the manufacturer's recommended fuel and operating instructions, and located at least five feet from combustible construction and building opening and/or according to the manufacturer's instructions and its listings. Grade-level decks associated with detached single-family dwellings shall not be considered combustible construction. In any circumstance, cooking shall not be permitted on decks or porches of multiple-occupancy dwellings. Cooking shall also not be permitted if there is any type of cover over the deck, porch or patio and the grills located under said cover.
B. 
UL listed electric-powered cooking appliances used in accordance with the manufacturer's instructions.
C. 
Portable outdoor fireplaces and fire pits shall be permitted when used in accordance with the manufacturer's instructions and shall not be operated within 10 feet of a lot line. Only seasoned, untreated wood may be used for fuel. However, portable outdoor wood-burning fireplaces shall be no less than 25 feet from any structure or combustible material, including but not limited to houses, sheds, outbuildings, fences and garages. Wood-burning portable outdoor fireplaces shall not be operated on any type of combustible deck/porch or in any circumstance where there is not clear overhead space. Portable outdoor gas-fired fireplaces shall be operated in accordance with the manufacturer's instructions and listing. Portable outdoor gas-fired or electric fireplaces are permitted on decks if allowed in the manufacturer's instructions and listing. Any gas or electric fireplace shall be a minimum of five feet away from any combustible material. No type of portable outdoor fireplace shall be used on aboveground decks/patios/porches of multiple-occupancy dwellings.
D. 
Permanent outdoor fireplaces shall only be installed after a permit has been issued by the Building Code Official. Existing outdoor fireplaces may continue if covered by an approved burn screen and if the container meets the fire box and pile sizes noted above and if approved by the Fire Inspector, Code Official or Fire Chief. Newly established permanent outdoor fireplaces shall meet the requirements of Subsection C above. An existing permanent outdoor fireplace shall be permitted only per the following requirements:
(1) 
It meets manufacturer's instructions and its listing; or
(2) 
The requirements of the Borough permit that was originally obtained to construct the fireplace are satisfied.
E. 
Portable outdoor fireplaces and outdoor fireplaces shall only be used when fitted with an approved metal burn screen. The screen shall cover all openings designed for the exhausting of fire gases. The burn screen shall have openings no larger than 1/2 inch in any direction and be maintained in good condition so as to prevent the issuance of larger burn particles. Gas-fired outdoor fireplaces shall not require a burn screen unless the appliance is required to have one by its UL listing.
F. 
The use of barrels, whether vertical or horizontal or any other type of material not listed herein is prohibited unless the provisions of § 122-7 apply.
G. 
Additional exceptions may be authorized by the Borough Manager upon approval by the Fire Inspector or Fire Chief, and the issuance of a permit when Council considers the situation falls within the intent of this chapter and will not create a nuisance or fire hazard. The Borough Fire Department may be required to stand by during any special burning. A person requesting a permit shall also be responsible for all fees, costs and expenses incurred by the Borough or the Fire Department in excess of the applicable permit fee.
A. 
Fees for permits shall be established by resolution of Council.
B. 
Permit application procedures shall follow that which is established for obtaining building or other permits within the Borough.
C. 
Permit applications shall be available only for the following activities:
(1) 
Erection of a permanent fireplace;
(2) 
Having or maintaining a recreational fire;
(3) 
For vendors conducting cooking at any type of outdoor event and using any type of cooking appliance that produces heat or uses open flame; and
(4) 
As authorized under § 122-3G above.
Burning in compliance with this chapter shall be attended at all times by an individual 18 years of age or older until such time as the fire is extinguished. The attendant shall have on hand and immediately available an approved means of extinguishment, such as a garden hose, bucket of water, sand, dirt, or a properly rated fire extinguisher. Unattended burning shall constitute a violation of this chapter.
A. 
An enforcement official shall have the authority to investigate alleged violations of this chapter.
B. 
An enforcement official shall have the authority to order the immediate extinguishment of any fire deemed to create a hazard or nuisance pursuant to Section 307 of the International Fire Code, 2009 Edition. Extinguishment can be either by the person(s) present or fire personnel.
C. 
An enforcement official shall report all complaints or nuisance investigations to the Fire Inspector. The Fire Inspector shall determine if further action is required.
D. 
An enforcement official may request the Fire Inspector to issue a cease-and-desist order if persistent complaints and/or violations occur. Such order may prohibit the subject from future use of the device in question. Prior to issuance of such order, the Fire Inspector shall review the facts and circumstances and present the same to the Borough Manager for final approval.
E. 
If an enforcement official shall determine that there has occurred, or that there is occurring, a violation of this chapter, the Fire Inspector or Code Official shall have the authority to issue a notice of violation and seek penalties as provided for in this §§ 122-6 and 122-8.
The provisions of this chapter shall not apply to activities conducted by the Borough Fire Department at the firemen's training area located in the Borough or to official business of the Borough Highway Department.
A. 
Criminal penalties. Any person who fails to timely comply with an order of an enforcement official or who violates any provision of this chapter commits a summary offense and shall, upon conviction therefor by a Magisterial District Justice, be sentenced to pay a fine or penalty of not less than $100 or more than $1,000 for each separate offense, plus costs and, in default of the payment of such fine, may be sentenced to imprisonment for 90 days for each separate offense. Each day on which there occurs a violation of this chapter shall constitute a separate offense, and each applicable section of this chapter violated shall constitute a separate offense. The Borough Solicitor is hereby authorized to prosecute all such offenses.
B. 
Civil penalties and remedies. In addition to all other enforcement remedies, the Borough may file an action in a court of competent jurisdiction seeking equitable relief against a person for any and all costs, expenses, damages and penalties for which the person may be liable under this chapter.
C. 
No provision of this chapter shall preclude the Borough from pursuing all other, available legal remedies for violation hereof.
D. 
In any successful action brought under this chapter, whether civil of criminal, the Borough shall be entitled to an award of costs and reasonable attorney fees, either as damages or restitution as the case may be.