[HISTORY: Adopted by the Borough Council of the Borough of Denver 6-28-2004 by Ord. No. 542. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Denver Borough Outdoor Burning Ordinance."
As used in this chapter, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
- An outdoor fire utilized for ceremonial purposes.
- The Borough of Denver, Lancaster County, Pennsylvania.
- CODE ENFORCEMENT OFFICER
- The person appointed by Borough Council to enforce this chapter.
- OPEN BURNING
- The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
- Any individual, partnership, organization, association, agency, firm, estate, corporation or any other legally recognized entity, and the members of such partnership or association and the officers of such corporation.
- POLICE OFFICER
- Any member of the Police Department which provides police protective services for the Borough which, as of the date of enactment of this chapter, is the East Cocalico Township Police Department.
- RECREATIONAL FIRE
- An outdoor fire utilized to cook food for human consumption.
A person shall not cause or allow open burning unless approved in accordance with this chapter.
Open burning shall be allowed without prior notification to the Code Enforcement Officer for recreational fires, highway safety flares, smudge pots and similar occupational needs.
Open burning shall be allowed after obtaining a permit or other proper authorization from the Chief of the Fire Department for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, providing heat for out workers and a bonfire.
Application. An application for an open burning permit shall be submitted in writing at least one week before the applicant desires to commence burning and shall be in such form and contain such information as may be required by the Chief of the Fire Department. Such application shall contain, at a minimum, information regarding the purpose of the proposed burning, the nature and quantities of material to be burned, the date when such burning will take place and the location of the burning site. The application shall be accompanied by any permit fee established by ordinance or resolution of the Borough Council. The Chief of the Fire Department shall issue or deny the application for a permit in accordance with the standards and criteria of this chapter.
Open burning shall be permitted with prior notification to the Code Enforcement Officer and upon receipt of written permission from the Department of Environmental Protection (DEP), provided that any conditions specified in the permission are followed for:
Disposal of hazardous or toxic material where the DEP determines that there is no practical alternative method of disposal.
Instruction in methods of fire fighting or for research in control of fires, in emergency or other extraordinary circumstances for any purpose determined to be necessary by the DEP.
Disposal of landscape waste except residential and agricultural waste.
Recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production.
Where the DEP written permission is not applicable, the Code Enforcement Officer shall give written permission, provided that approved fire safety requirements and emission standards will be met.
Open burning prohibited. The Code Enforcement Officer shall prohibit open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The Code Enforcement Officer shall order the extinguishment, by the permit holder or the Fire Department, of any open burning which creates or adds to a hazardous or objectionable situation.
The location for any open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure. Fires in approved containers shall be permitted, provided that such fires are not less than 15 feet from any structure.
Open burning shall not be utilized for waste disposal purposes, shall be of the minimum size for the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
Any open burning shall be constantly attended until the fire is extinguished. At least one portable fire extinguisher with a minimum 4-A rating, two portable fire extinguishers of a 2-A rating each, or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
A bonfire shall not be more than five feet by five feet by five feet in dimension and shall not burn longer than three hours. The maximum size and duration of a bonfire shall not be increased by the Code Enforcement Officer or the Chief of the Fire Department unless it is determined that fire safety requirements of the situation and the desirable duration of burn warrant the increase.
Material. Fuel for a bonfire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper. The fire shall not be utilized for waste disposal purposes, and the fuel shall be chosen to minimize the generation of air contaminants.
Permit. All permits shall be requested by and issued to the owner of the land upon which the bonfire is to be kindled.
Persons may obtain residential burning permits from the Chief of the Fire Department which shall authorize the burning of fallen trees or other large amounts of landscape debris in a metal container with a cover screen to control fly ash or in an approved outdoor fireplace. All burning authorized by a residential burning permit shall be attended by a responsible adult, at least 15 feet away from any structure, be commenced after 7:00 a.m. and be extinguished by dusk. Burning shall not be permitted under wind conditions which might result in spreading fire. Permit holders shall notify the Fire Department of the burning and shall keep the permit at the location of any burning and present it upon the request of the Code Enforcement Officer, any police officer or any member of the Fire Department.
Notwithstanding the provisions of § 111-4, nonhazardous waste at construction sites may be disposed of by burning in accordance with the provisions herein. The contractor shall obtain a permit for such burning from the Chief of the Fire Department in accordance with § 111-5 herein. All burning authorized by such permit shall be performed at the construction site, be commenced after 7:00 a.m. and be extinguished by 3:00 p.m. Burning shall not be permitted under wind conditions which might result in spreading of fire. Permit holders shall notify the Fire Department of the burning and shall keep the permit at the location of the burning and present the permit upon request of the Code Enforcement Officer, any law enforcement or any member of the Fire Department. The permit holder shall extinguish the burning whenever requested to do so by the Code Enforcement Officer, any police officer or any member of the Fire Department.
[Amended 7-29-2013 by Ord. No. 612]
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs for each violation, or to a term of imprisonment for a term not to exceed 30 days. Each day that a violation continues shall constitutes a separate offense. Upon summary conviction, the person found guilty may be assessed reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings in accordance with Section 3321(6) of the Borough Code.
Editor’s Note: See 53 P.S. § 48321(6).