[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.
The person appointed by Borough Council to enforce this chapter.
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.
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.
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.
A.
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.
B.
Authorization.
(1)
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:
(a)
Disposal of hazardous or toxic material where
the DEP determines that there is no practical alternative method of
disposal.
(b)
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.
(c)
Disposal of landscape waste except residential
and agricultural waste.
(d)
Recognized agricultural or horticultural management
purposes to maintain or increase the quantity or quality of agricultural
or horticultural production.
(2)
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.
C.
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.
A.
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.
B.
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.[1]
[1]
Editor’s Note: See 53 P.S. § 48321(6).
