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[HISTORY: Adopted by the Borough Council of the Borough of
Stockertown 7-7-2008 by Ord. No.
263. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances ÔÇö See Ch. 147.
Parks and recreation areas ÔÇö See Ch. 161.
Property maintenance ÔÇö See Ch. 177.
The purpose of this chapter is to prevent public and private
nuisances caused by outdoor fires deliberately or carelessly set and
maintained, to avoid unnecessary fire service calls and false alarms,
and intended to promote public health and safety and safeguard the
health, safety, and welfare of the citizens of the Borough of Stockertown
by regulating air quality and the hazards of outdoor fires and burning.
As used in this chapter, the following terms shall have the
meanings indicated:
- BURN BARREL
- A metal drum or barrel, with or without a spark arrestor
cover, used for the purpose of burning wood, paper, or refuse.
- BOROUGH
- The Borough of Stockertown in its entirety.
- CAMPFIRE
- A small contained outdoor fire intended for recreation or
cooking but not including a fire intended for disposal of refuse of
any kind.
- CLEAN WOOD
- Natural dry 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.
- CONSTRUCTION AND DEMOLITION WASTE
- 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 or demolition operations on a house, commercial or industrial
building, or other structure.
- FIRE OFFICIAL
- The Fire Chief, Fire Marshall, and/or designated fire officer
of the Fire Department providing fire-protection service to the Borough.
In the event that none of the primary Fire Officials are available
during a specific event, a Stockertown police officer shall temporarily
execute the duties of the Fire Official.
- FIRE RING
- A container of no more than 30 inches across and eight inches
in height, constructed of metal, rock or similar noncombustible material,
set on hollowed out ground with a depth of at least six inches so
as to allow the fire base to be below ground level. All fire rings
must have a metal covering device/spark arrestor screen with spaces
of not more than 1/2 inch covering the entire surface of the fire
ring.
- FIREWORKS
- Any composition or device producing a visible and/or audible
effect for entertainment purposes, combustion, deflagration, or detonation.
- HAZARDOUS SUBSTANCES
- Any substance, including but not limited to batteries, household
chemicals, pesticides, used oil, gasoline, paints, varnishes, and
solvents.
- OPEN BURNING
- Maintaining a fire or burn where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney, or a metal covering device/spark arrestor. "Open
burning" includes burning in a burn barrel.
- OUTDOOR WOOD-FIRED BOILER
- A wood-fired boiler, stove, or furnace that is not located
within a building intended for habitation by humans or domestic animals,
and used for the sole purpose of providing heat to a dwelling.
- PATIO WOOD-BURNING UNIT
- A chiminea, patio warmer, or other portable wood-burning
device used for outdoor recreation and/or heating. All patio wood-burning
devices must have a metal covering device/spark arrestor with spaces
of not more than 1/2 inch covering the chimney or entire top surface
of the unit.
- RECREATIONAL FIRES AND BURNS
- Any deliberately set and maintained fire or burn ignited
in the confines of a campfire, fire ring, chiminea, fireplace, or
patio wood-burning device, and used for the sole purpose of recreational
pleasure. All recreational fires and burns must include a metal covering
device/spark arrestor over the entire surface of the containerized
fire or burn.
- REFUSE
- Any rubbish or waste material, including but not limited
to solid waste, industrial waste, household waste, commercial food
waste, plastics, treated or painted wood, wood composite material,
magazines, corrugated cardboard, container board, vegetation, animal
matter, furniture, tires, appliances, trees, brush, stumps, leaves,
and grass clippings.
A. This chapter applies to all outdoor fires and burns within the Borough
of Stockertown, with the exception of the following:
(1) This
chapter shall not apply to grilling or cooking food using charcoal,
wood, propane, or natural gas in cooking or grilling appliances.
(2) This
chapter shall 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 or animal habitation.
(3) This
chapter shall not apply to the use of propane, acetylene, natural
gas, or kerosene in a device intended for heating, construction, or
maintenance activities.
B. This chapter shall apply to the use of an outdoor boiler/furnace
used for the purpose of generating heat within a building used for
human or animal habitation, providing it meets all conditions addressed
in § 91-6 of this chapter.
All open fires and burns are prohibited within the Borough of
Stockertown.
A. Burning of any refuse is prohibited within the Borough.
B. Burning of any construction or demolition waste is prohibited within
the Borough.
C. Burning of any hazardous materials is prohibited within the Borough.
D. Burning of any trees, brush, stumps, leaves, and grass clippings
is prohibited within the Borough.
E. No materials of any kind may be burned upon any public land, street,
curb, gutter, or sidewalk or on the ice of a lake, pond, stream or
body of water within the Borough.
F. No fireworks are permitted within the Borough other than those permitted
by Pennsylvania law.
Recreational fires and burns are permitted in the Borough of
Stockertown only in accordance with all of the following provisions:
A. Any recreational fire or burn shall not be used to burn refuse.
B. Only clean, dry wood or paper shall be used in the recreational fire
or burn.
C. The recreational fire or burn shall be located at least 25 feet from
the nearest structure which is not on the same property as the recreational
fire.
D. All recreational fires and burns shall be supervised by the owner
or occupant of the property or a responsible adult until the fire
is extinguished and is cold. The person shall have readily available
for use such fire-extinguishing equipment as may be necessary for
total control of the fire.
E. Any person intending to ignite a recreational fire or burn shall
first notify the Northampton County Communications Center, using the
nonemergency telephone number, of the date, time, and location of
intent to ignite the fire.
An outdoor wood-fired boiler may be installed and used in the
Borough in accordance with the following provisions:
A. The outdoor wood-fired boiler shall be installed and used in an area
appropriate to its function and only upon approval from the Fire Official.
B. The outdoor wood-fired boiler shall not be used to burn refuse.
C. The outdoor wood-fired boiler shall be located at least 500 feet
from the nearest building which is not on the same property as the
outdoor wood-fired boiler.
D. The outdoor wood-fired boiler shall have a chimney that extends at
least 15 feet above the ground surface. If there are any residences
within 500 feet of the boiler, the chimney shall be made to extend
at least as high above the ground surface as the highest height of
the roofs of such residences.
Notwithstanding the provisions of § 91-4 of this chapter,
structures and other materials may be burned for fire prevention training
only in accordance with all of the following provisions:
A. The fire or burn must be exclusively for fire prevention training.
The fire or burn shall not be used as a means to dispose of waste
material, including tires and other hazardous materials.
B. Any standing structure that will be used in fire suppression training
must be inspected by a licensed asbestos inspector.
C. All asbestos must be removed prior to conducting the fire suppression
training. If the structure is a residential dwelling, the owner may
remove the asbestos or have it removed by a licensed abatement contractor.
If the structure is a commercial building, all asbestos must be removed
by a licensed abatement contractor.
D. All ash shall be disposed of in an approved landfill.
E. Asphalt shingles and asphalt or plastic siding shall be removed prior
to the practice fire or burn unless the Fire Official determines that
they are necessary for the fire practice.
F. At least 10 days prior to the planned suppression training, residents
within 1/2 mile of the proposed training site shall be notified by
the Fire Official of the proposed training exercise. The Fire Official
shall use the United States Postal Service with a proof of service.
A. A recreational fire or burn does not require a permit, provided that
the fire complies with all applicable provisions of this chapter.
B. The owner or occupant of the property shall obtain an annual burning
permit for each outdoor wood-fired boiler and comply with all provisions
addressed in § 91-6.
C. There shall be no fees for the issuance of a fire burn permit.
D. A fire burn permit issued under this section shall require compliance
with all applicable provisions of this chapter.
E. Any violation of the conditions of a fire burn permit or failure
to secure permit when required shall be deemed a violation of this
chapter.
The Fire Official or any authorized officer or agent of the
Fire Official who presents credentials may inspect any property for
the purpose of ascertaining compliance with the provisions of this
chapter upon probable cause.
A. The Fire Official and Borough Police Department are authorized to
enforce the provisions of this chapter.
B. Any person, firm or corporation violating the provisions of this
chapter, upon conviction before a Magisterial District Judge or Court
of Common Pleas of Northampton County, shall be subject to pay a fine
of not more than $600 and costs of prosecution and, in default thereof,
imprisonment in the Northampton County Prison for a period not to
exceed 90 days.
C. The violator shall pay costs which may include all expenses, direct
and indirect, which the Borough has incurred in connection with the
enforcement of this chapter. The Borough 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 chapter.
D. Each day that a violation exists shall constitute a separate violation
of this chapter.
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