Borough of Girard, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Girard 9-17-2012 by Ord. No. 723. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and fire protection — See Ch. 199.

§ 133-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FLUE
Any duct, pipe, stack, chimney or conduit which conducts air contaminants into the open air.
PERSON
Any individual, natural person, syndicate, association, partnership, firm, corporation, institution, agency, authority, department, bureau or other instrumentality of federal, state, local or regional government or other entity recognized by law as the subject of rights and duties.
SMALL OPEN FIRE or OPEN FIRE
The use of a grill, outdoor barbecue, fireplace or similar device to cook food with charcoal or wood; or any other fire from which the properties of combustion are emitted directly into the air without first passing through a structural flue, stack or chimney (except through a small integral flue, chimney or stack built into a freestanding grill or residential chiminea-type device using only such materials as authorized hereunder and otherwise complying with this chapter) and conducted in such location, conditions, and in a manner which contribute only a negligible amount of air contaminants.

§ 133-2 Open burning restricted.

From and after the effective date of this chapter, no person, corporation, partnership, association, organization or other group whatsoever (hereinafter collectively referred to as "property owner" or "person," as applies) shall burn any materials of any kind in the Borough, except as authorized by this chapter.

§ 133-3 Small open fires authorized.

Subject to rules, regulations, and limitations contained in this chapter, an adult property owner or other adult authorized by the property owner may conduct or allow a small open fire on his or her property, solely for the following purposes:
A. 
Warmth; and
B. 
Noncommercial preparation of food for human consumption, light, ornament or recreation.

§ 133-4 Rules and regulations.

A. 
Permitted receptacles/containers.
(1) 
Open fires. All other small open fires authorized under this chapter must be contained within one of the following authorized containments: in a grill, barbecue, fireplace, chiminea, stone perimeter, noncombustible fire ring, or in a fire pit.
B. 
Permitted locations.
(1) 
Portable grills/barbecues, with the exception of propane or natural-gas-burning grills, designed for and used strictly for cooking only shall, while in use, be no less than five feet from a house, a structure, combustible materials, a roadway, a utility, or a property line.
(2) 
Permanently constructed (nonportable) outdoor stoves, ovens, grills, barbecues and fireplaces, with the exception of propane or natural-gas-burning grills, used for cooking only shall be no less than five feet from a house, structure, roadway, property line, utility, tree, or other combustible materials.
(3) 
Other small open fires shall be maintained only in an authorized containment which, unless otherwise approved by the Fire Marshal, shall be located not less than 10 feet from the nearest house, structure, roadway, property line, utility, tree, or other combustible materials.
C. 
Permitted and prohibited materials.
(1) 
Permitted materials. All open fires authorized by this chapter shall be conducted using only charcoal, natural gas, or other clean burning fuel, dry, clean logs, twigs, or other untreated wood products. Only smokeless fuels, or small kindling, if any, may be used to start a fire.
(2) 
Prohibited materials. The use of any material(s) to start or maintain a fire other than those specifically permitted under Subsection C(1) hereof, including but not limited to any of the following materials, is strictly prohibited: no paints; painted or chemically treated woods; railroad ties; telephone poles; plastics; cardboard boxes; paper or paper products; garbage, or any other household or residential wastes; construction waste or demolition/salvage debris; commercial or industrial materials or waste; oil, grease, gasoline, asphalt products, or any other petroleum products; rubber; tires; tar or tar paper; dead animals; animal or human waste; pathogenic waste; insulated wire; toxic or noxious materials, cloth, leaves, green yard waste, or other materials that tend to cause excessive or malodorous emissions or excessive smoke.
D. 
Maximum size. In all cases, the fire shall be of such size that the combustible material and flame are contained completely within the perimeter of the authorized containment receptacle.
E. 
No excessive smoke, odors or malodorous emissions. No persons shall allow or maintain a fire which creates excessive smoke, excessive odor, or malodorous emissions. Smoke and odors shall be considered excessive if they contribute more than a negligible amount of air contaminants perceptible beyond the property line of the source of the fire.
F. 
Adult supervision, control, and extinguishment. Only an adult property owner or other adult authorized by the property owner shall authorize or conduct a small open fire. The adult property owner or other adult authorized by the property owner to conduct such a fire shall at all times be present at and shall tend to the fire from the time it is lit through the time of total extinguishment. Adequate means to control and extinguish the open fire shall be readily available at all times during any burning. Suitable covering or means of disposal of ashes shall be provided to prevent them from becoming airborne. The adult property owner or other authorized person supervising the fire shall be responsible to assure that all aspects of the fire comply with this chapter and shall assure that the fire is completely extinguished before that person leaves the site. Immediately upon the discovery of any unauthorized or noncompliant fire or burning, the property owner or other person responsible for the property on which such burning occurs shall immediately extinguish, or cause the extinguishment of, such burning. Proof that the defendant in any enforcement action owns or controls the property on which open burning occurs shall be prima facie evidence that such person has conducted, or allowed to be conducted, such open burning.

§ 133-5 Order to extinguish, abate or correct.

A police officer, or other duly authorized law or code enforcement officer of the Borough of Girard, may, upon investigation, order that any fire be immediately extinguished, abated, diminished, or corrected (in his or her sole discretion) if, in the officer's sole judgment, the fire:
A. 
Is emitting excessive smoke, excessive odor, or malodorous emissions;
B. 
Contains prohibited materials or is using a prohibited or inadequate containment devise or mechanism;
C. 
Is in a prohibited location or of a prohibited size;
D. 
Is emitting sparks or hot ashes that may pose a threat to nearby structures, trees, other combustible materials, or to the safety of persons or property;
E. 
Where its size, materials, containment, location, emissions, proximity to structures, trees, other combustible materials, conduct of participants, weather conditions (including but not limited to wind, drought, dry or other conditions) or air quality, or other circumstances, are such that continuation of the fire poses a risk of harm to persons or property;
F. 
Where a complaint of noise has been made.

§ 133-6 Prohibited acts.

A. 
No person, firm or corporation shall permit, authorize, conduct, or participate in the burning of any open fire except in compliance with this chapter.
B. 
No person, firm or corporation shall refuse to comply immediately and fully with any order of a Girard Borough police officer, or other duly authorized law enforcement officer or code official, to contain, control, correct, or extinguish any fire or burning due to drought or burning ban during such period.
C. 
No person, firm or corporation shall permit, authorize, conduct, or participate in the burning of any open fire between the hours of 12:00 midnight and 7:00 a.m.

§ 133-7 Burning of rubbish, refuse or other waste materials. [1]

It shall be unlawful to burn or cause to be burned any rubbish, refuse or other waste materials, other than leaves, upon any public street or public alley in the Borough; however, leaves may not be burned upon the paved or improved portion of any street or alley. Also, it shall be unlawful to burn or cause to be burned any rubbish, refuse or other waste material, including leaves, upon any private property, including private roadways or drives, on Sunday and Monday of any week or between the hours of 9:00 p.m. and 7:00 a.m. or within 20 feet of any building or other structure. All rubbish, refuse or other waste material (other than leaves) which is burned shall be burned in nonflammable containers with wire mesh or other approved covers. Leaves may be burned on Tuesday and Saturday of any week between the hours of 7:00 a.m. and 7:00 p.m. on any private property on the days and times aforesaid in such a manner as not to interfere with the public use of streets and alleys and subject to the above requirements. It shall be unlawful to allow any fire, which started for the purpose of burning rubbish, refuse, other waste material or leaves, to remain unattended. It shall not be unlawful to burn or cause to be burned garbage in incinerators of a type designed for use in dwellings, which do not emit obnoxious gases, fumes or odors.
[1]:
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 133-8 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than the greater of $600 or the maximum amount per offense permitted under law, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each violation of any provision of this chapter shall constitute a separate offense. In addition, in any civil enforcement action brought by the Borough to collect unpaid fines or penalties imposed pursuant to this chapter, the Borough shall also be entitled to collect all costs, expenses, and attorneys' fees associated with such action. (Residents will be given a one-time warning.)

§ 133-9 Effective date.

This chapter shall take effect January 1, 2013, as provided under law.