[HISTORY: Adopted by the Town Council of the Borough of West
View 10-13-1999 by Ord. No. 1387 (Ch. 57 of the 1977 Code). Amendments
noted where applicable.]
Because of the more recent occurrences of unregulated open burning
in the Borough and the effect that activity has on the health, safety
and welfare of the community as a whole, the Town Council of the Borough
of West View, after study and consultation with Borough fire officials,
deems it to be in the best interests of the Borough to regulate open
burning. In order to regulate said activity, it shall, after the enactment
of this chapter, become necessary to obtain a permit from the designated
Borough agents before burning in any manner as designated in this
chapter.
All open fires are strictly prohibited in the Borough of West
View, with the exception of recreational, camping or cookout fires
that shall be regulated by the issuance of a permit by the Borough.
No permit will be issued to burn the following materials:
A.
Paper or other similar refuse.
B.
Leaves, grass or other organic materials.
C.
Building materials of any kind.
D.
Vegetable waste.
E.
Rubber.
F.
Plastics.
G.
Furniture.
H.
Glass.
I.
Metals.
J.
Crocking.
K.
Car products.
L.
Any other kind of materials that will cause nauseous fumes, smoke,
toxic chemicals or excessive fly ash.
In order to qualify for an open burning permit, the applicant
shall be required to meet all of the following criteria in order to
be eligible for a permit and shall agree to abide by these rules and
regulations:
A.
Only dry, clean wood products or other clean-burning fuels shall
be burned.
B.
Only smokeless fuels, if any, are used to start the fire.
C.
No building materials of any kind are permitted to be burned, nor
any garbage or other refuse-type material, as more specifically set
forth herein.
D.
The size of the fire, including the flames, and/or the materials
being burned shall be no larger than two square feet and enclosed
in a barrier made of connected stone, metal or other noncombustible
materials.
E.
The fire shall be at least 10 feet from the nearest structure, inhabited
area, roadway or property line or boundary, and no structure of any
kind shall overhang the fire.
F.
The fire shall be no longer than three hours in duration in any twenty-four-hour
period, nor shall it emit smoke in such a manner as to constitute
an offensive condition or nuisance to Borough residents.
G.
The permit will not be issued on days of excessive wind.
H.
The permit will not be issued on days determined to be "ozone action
days" by the Allegheny County Department of Health.
I.
No fire shall be left unattended during the time it is burning and
shall be extinguished when either it is to be unattended or the expiration
of the permit period of three hours. All fires shall be attended by
an individual 16 years of age or older.
J.
No permit shall be granted, nor open burning engaged in, unless there
is at a minimum either an ABC 5 Pound Type Fire Extinguisher, its
equivalent or better, or a garden hose, fully pressurized, within
four feet of the fire.
K.
This chapter is not meant to control or prohibit conventional outdoor
cooking done in conventional metal or other cooking grill-like equipment
used by most homes, and found in most stores, being fueled by either
charcoal or propane or some other form of gas, and used for a barbecue.
L.
The mere placing of some type of food for cooking purposes over a
fire not meeting the criteria set forth herein or lacking the necessary
permit shall be a violation of the meaning and intent of this chapter,
and the mere cooking of food shall not qualify the fire as a conventional
outdoor grill.
M.
Exception to the within requirements as to size and content of open
burning shall be fire-fighting training fires or burning and bonfires.
These activities shall require a permit and shall meet special safety
requirements to be established on a case-to-case basis by the Fire
Chief and/or Fire Marshal.
A.
Enforcement. Permits shall be obtained by filling out an application
at the Borough Hall. There shall be a charge of $5 for the issuance
of the permit. The permit shall be applicable to only one fire for
one calendar day, and successive and separate applications must be
made for each additional fire. Fires to be burned Tuesday through
Friday must apply for the permit 24 hours in advance. Fires to be
burned Saturday, Sunday or Monday must apply for the permit no later
than the close of the Borough Business Office on the Thursday preceding
the desired Saturday, Sunday or Monday. The permit shall be issued
and signed by officials of the Borough or the Fire Chief and Fire
Marshal.
B.
Penalties. Any person, corporation or other business entity violating
the provisions of this chapter or who fails to comply herewith, upon
conviction before a Magisterial District Judge, shall be subject to
a fine of $300, plus the costs of prosecution, for each offense; each
fire in excess of three hours in any twenty-four-hour period constituting
a separate offense. In the event the fine and costs are not paid,
the defendant shall be sentenced to serve not more than 30 days in
the Allegheny County Jail.
C.
In addition to the penalties set forth herein, should the fire found
to be in violation of this chapter, not being properly extinguished
to the satisfaction of the Borough fire officials, and said officials
in their discretion have to call out Borough Fire equipment to properly
extinguish the fire, and if Borough Fire Department equipment is used,
an additional charge of $300 shall be assessed as a penalty, said
funds to be paid to the Fire Department to defer expenses.
D.
The applicant must present sufficient written evidence of either
ownership, leasehold interest or permission of the owner in the case
of the special excepted fires set forth herein.
