[Adopted 5-11-1954 (Ch. XI of the 1974 Code)]
[Amended 5-25-2021 by Ord. No. 2021-16]
A.
No person shall burn or cause to be burned any trash, lumber, leaves,
straw, refuse or any other combustible material, or kindle or maintain
any bonfire or authorize any such fire to be kindled or maintained
on any street, alley, road, land, vacant lot, or public grounds or
upon any private lot or property west of the boardwalk, unless a written
permit to do so shall be first obtained from the Construction Official
and Fire Official.
B.
Fire pits in back yards, properly constructed, maintained, and supervised,
are permitted.
C.
Exceptions. This section does not apply to:
(1)
Grilling or cooking food using charcoal cookers, propane or natural
gas in cooking or filling appliances, braziers, hibachis, grills,
outdoor fireplaces or gas-fired stoves and similar semi-enclosed devices
in the backyard of a one-family detached dwelling.
(2)
Burning for the purpose of generating heat in a stove, furnace, fireplace
or other heating device within a building used for human or animal
habitation.
(3)
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
(4)
The use of non-ash producing fuels being used not less than 15 feet
from combustible materials, when used in metal containers for the
heating of building materials or for the warmth of workers.
(5)
Open burning being used by the Fire Department in connection with
the training and performance of its duties.
D.
CLEAN WOOD
FIRE PIT
OPEN BURNING
OUTDOOR BURNING
PATIO WOOD-BURNING UNIT
WASTE MATERIALS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
A pit dug into the ground or encased in a surrounding structure
(as of masonry or steel) in which a fire is kept burning for cooking,
warmth, etc. A fire pit is not required for electric, natural gas
or propane barbeques or heating units.
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.
Open burning or burning in a patio wood-burning unit.
A fire pit, chimney, patio warmer, or wood-burning device
used for outdoor recreation and/or heating. The unit must include
spark arrest safety features, such as netting or metal covers to block
large embers. The unit must be constructed of steel, concrete, clay
or other noncombustible material.
Construction and demolition waste means 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.
E.
Open burning regulations.
(1)
Cooking. Outdoor fires utilized for cooking are permitted in backyards
without a permit either when contained in a manufactured metal grill
or other similar device intended for such use.
(2)
Recreational purpose. Outdoor fires utilized for any other recreational
purpose are permitted in backyards when either contained in a manufactured
device designed for such purpose and utilized strictly in accordance
with the manufacturer's requirements or, alternatively, in a
proper noncombustible stone, cement, brick, tile or metal assembled
firepit materials and shall not be more than four feet in interior
diameter.
(3)
Safety determination. For all existing premade or assembled firepits
within the Borough, should the Fire Chief, Fire Marshal, Construction
Code Official or his authorized designee determine that a firepit
is unsafe, he may order that said firepit not be used until he or
his designee deems said firepit safe.
(4)
Extinguishment. There shall be a minimum of a garden hose connected
to a reliable water supply, one gallon bucket of water, or a 2a10BC
rated fire extinguisher within 20 feet of any patio wood-burning unit.
(5)
Permitted fuel. Only firewood and untreated lumber are permitted
to be burned. Burning of any and all other materials, including, but
not limited to, garbage, rubber, plastics, and yard waste, at any
location within the Borough is prohibited. No green wood, leaves or
other materials which cause excessive smoke may be burned indoors
or outdoors at any time. Any smoke or odor from any indoor or outdoor
fire must be kept to a minimum.
(6)
Flame height. Flames may not exceed three feet in height at any time,
and should the prevailing winds cause the sustained smoke from said
fire to blow into a neighboring dwelling or property, said fire must
be extinguished immediately.
(7)
Supervision. Indoor and outdoor fires must be attended at all times
by a competent adult (over the age of 18) owner or legal resident
of the property from the time said fire is commenced through the time
said fire is completely extinguished.
(8)
Permitted locations. Open burning shall be permitted only in the
backyards of residential properties and/or properties used for agricultural
purposes, except in the event that a school, church, or other nonprofit
organization conducts a bonfire which has obtained the necessary permit
from the Fire Marshal to conduct said activity.
(9)
Setbacks. Permitted open-air burning devices shall be set back not
less than 10 feet (measured from the center of the fire pit) from
the nearest lot line.
(10)
Distance from structures. No open-air burn may occur on a residential
property within 15 feet (measured from the center of the fire pit)
of any main or accessory structure on the property, including, but
not limited to, any dwelling, garage or shed.
(11)
Hours of operation. Operational hours for any patio wood-burning
unit shall be limited to the time between 11:00 a.m. and 1:00 a.m.
F.
Enforcement and penalties.
(1)
Enforcement. The Police, the Fire Chief, Fire Marshal, Construction
Code Official or his designee is authorized to require that any residential
outdoor fire be immediately extinguished if he determines that said
fire constitutes a hazardous condition. Failure to comply with Fire
or Police Department orders shall constitute a violation of this chapter
in addition to any and all criminal and regulatory violations which
may be cited against the property owner and those individuals responsible
for maintenance of the hazardous or offensive condition.
(2)
Penalties. Each and every person failing to comply with any of the
provisions in this chapter shall, upon conviction thereof, be punished
by a fine of up to $1,000 per offense, a term of imprisonment of up
to 90 days and/or be required to perform community service for up
to 90 days. Each day a violation exists shall constitute a new and
separate offense subject to prosecution. If the device is found to
be the fault of a fire that causes property damage, the property owner
may be subject to reimbursement for Fire Department suppression costs.
All grass, vines, weeds or other growth, debris
or refuse, when same may endanger property or is liable to be fired
in the opinion of the Code Enforcement Officer, shall, upon notification
from the Code Enforcement Officer, immediately be cut down and removed
from the property upon which it is situated by the owner or occupant
of the property.
The Code Enforcement Officer or his designee
shall have the full right, power and authority to enter within reasonable
hours any premises within the Borough to examine the same and the
contents thereof for the purpose for which it is being used. Whenever
the Code Enforcement Officer or his designee finds in any building
or upon any premises within the Borough any combustible or explosive
matter or any dangerous accumulation of rubbish or any accumulation
of wastepaper, boxes, shavings or any flammable materials, any of
which or any additional conditions not specifically enumerated which
are so situated or may exist so as to be liable to fire and which
may endanger persons or property, the materials or existing condition
shall be forthwith removed and remedied upon the order of the Code
Enforcement Officer or his designee.
[Amended 3-11-1975]
The owner or occupant of any premises within the Borough who fails to comply with the order of the Code Enforcement Officer or his designee within 10 days shall be guilty of a violation of this article. In the event the owner or occupant of the premises fails to comply with the order within the ten-day period, the Code Enforcement Officer shall cause the condition complained of to be abated and remedied and shall thereafter certify the cost to the Borough Council; who shall examine the certificate and if found correct shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become a part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this article as provided in Chapter 1, Article II, General Penalty, of this Borough Code.
