Borough of Pleasant Hills, PA Burning, Open

[Added 7-9-1962 by Ord. No. 278]

As used in this chapter, the following terms shall have the meanings indicated:

Combustible rubbish, such as paper, wood, leaves and similar materials, but does not include garbage, glass, crockery, dishes, bottles, floor sweepings, metals, cans, rubber, linoleum, asphalt or tarry products, grease, and animal or vegetable wastes.

From and after the effective date of this chapter it shall be unlawful for any person or persons to set fire to, burn or cause to be burned, anywhere within the Borough of Pleasant Hills, whether such be on private or public premises, or lots or upon streets, roadways or rights-of-way, any material or substance so as to produce any smoke or offensive or noxious odors by reason thereof; provided, however, that the burning of clean and offenseless matter on weekdays, except holidays, during the hours from 8:00 a.m. until 5:00 p.m., and on Saturdays from 8:00 a.m. until 12:00 noon, will be permissible when properly supervised, regulated and controlled.

[Added 7-21-2008 by Ord. No. 891]

A.

Section 174-2 of the Code of the Borough of Pleasant Hills is hereby amended, in limited part, to recognize an exception for the use of chimeneas, portable fireplaces and covered fire pits at residential property only. Burning at parks and public places remains subject to the existing Borough ordinances. The restrictions found in the International Fire Code and in the Allegheny County Rules and Regulations shall remain applicable in the Borough. The use of chimeneas, portable fireplaces and covered fire pits is approved for use at residential property within the Borough of Pleasant Hills, so long as they do not result in excessive smoke or interfere with the use and enjoyment of a neighbor of their own property. Burning which results in excessive smoke or smoke which is noxious is prohibited. The material placed in chimeneas and similar devices shall follow the manufacturers' recommendations and shall not result in offensive smoke. Under no circumstances should plastic or other types of material be burned which will result in offensive smoke. These devices should also be kept a minimum distance of at least 15 feet from any structure or combustible material, and a method of extinguishment must be kept within 30 feet of the device. Acceptable methods of extinguishment include a garden hose, fire extinguisher or mound of dirt or dry sand. At all times burning is ongoing in these devices a responsible adult must be present. The remaining portions of the existing Ordinance 278 remain in effect which prohibits burning that results in noxious or offensive smoke. Restrictions against offensive smoke are also found in Sections 307 and 308 of the International Fire Code and these restrictions are incorporated by reference herein as if set forth in their entirety.

B.

Section 174-2 of the Code of the Borough of Pleasant Hills is hereby amended to create an exception for the use of chimeneas, portable fireplaces and covered fire pits in the Borough of Pleasant Hills between the hours of 9:00 a.m. and 12:00 a.m. (midnight).

C.

Open burning shall remain regulated by Section 2105.50 of Allegheny County Ordinance No. 16782 and the Health Department Rules and Regulations of Allegheny County Article XXI, as amended and effective as of the date of this section and the International Fire Code as adopted by the Pennsylvania Uniform Construction Code. The Borough of Pleasant Hills incorporates these restrictions by reference as if set forth in their entirety in this section. The purpose of this section is to incorporate the Allegheny County Regulations, and the International Fire Code, as they may be amended, in their entirety. The Allegheny County Regulations recognize the ability of a municipality to enact reasonable restrictions on certain types of burning. The express purpose of this section is to place reasonable restrictions on the hours for certain types of burning and to ensure that this type of burning shall be done safely and without interfering with the ability of a neighbor to enjoy their own property. In the event that a conflict exists with the terms of the International Fire Code, the Allegheny County rules and this section, the terms of the International Fire Code shall prevail, followed by the terms of the Allegheny County Ordinances and Rules and Regulations.

D.

Common residential burning devices such as chimeneas, portable fireplaces and covered fire pits are exempt from the open burning regulations referred to in Subsection C above. However, such activities shall be tended to by a responsible person at all times and shall be subject to the limitations set forth in Subsection A above against excessive, noxious or offensive smoke and shall be subject to the time limits defined in Subsection B.

[Amended 8-10-1970 by Ord. No. 447]

Every person violating the provisions of this chapter shall, upon conviction before the District Justice of the Borough, be liable to a fine of not more than $300 for each offense, and in default of payment of said fine or costs be liable to be committed to the Allegheny County Jail for a period not exceeding 30 days.