[HISTORY: Adopted by the Board of Supervisors of the Township of Adams 9-28-2020 by Ord. No. 179.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 79, Burning, Open, adopted 9-11-1989 by Ord. No. 42, as amended.
As used herein, the following terms shall be defined as follows:
BURNING
The igniting of any material to cause flame, smoke, embers, hot ash or residue, in combination or individually.
RECREATIONAL FIRE
A fire set for recreational or ceremonial purposes, utilizing only wood as described in § 79-8 below, in an area which is properly prepared for said fire, such as a fire pit, a fire circle surrounded by stones or an appliance for burning.
As used herein, this chapter shall not apply to the following activities:
A. 
Grilling or cooking food using charcoal, propane or natural gas in cooking or grilling appliances;
B. 
The use of propane, acetylene, natural gas, gasoline or kerosene in a device used for construction activities;
C. 
Burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation;
D. 
The use of propane, natural gas or kerosene for outside heating appliances; and
E. 
Burning accessory to "normal agricultural operation" as defined by the Protection of Agricultural Operation From Nuisance Suits and Ordinances Act, 3 P.S. § 951 et seq.
In addition to open burning bans during periods of drought or as specified by the Township Supervisors, Police or Code Enforcement, no person shall burn or permit the burning of materials, including, but not limited to, the following:
A. 
Materials that should be recycled.
B. 
Materials that produce acrid, toxic or obnoxious odors or smoke.
No person or resident of the Township shall burn papers, excelsior, cardboard or other materials or any other combustible materials which may be blown about unless the same is burned in a stove, fireplace, burning can or incinerator sufficiently covered by a grating of not less than 1/2 inch mesh or smaller or as protected by other means to prevent the escape of burning materials. No person who shall start a fire in compliance with this section shall leave the burning fire unattended by an adult individual who shall be ready and able to extinguish any burning material that escapes.
No outside burning in the Township is permitted, except as otherwise specified, and shall not be ignited before 9:00 a.m., prevailing time, and shall not be permitted to burn after 7:00 p.m., prevailing time, with the exception of recreational fires. Fires for recreational purposes shall be completely extinguished when no longer attended.
No fires, with the exception of recreational fires, shall be permitted in the Township on Sundays or holidays recognized as such by the Commonwealth of Pennsylvania. Where Butler County or the Township has issued a ban on open burning for the purposes of prohibiting brush fires, that ban shall supersede these regulations. Residents must use discretion when windy or dry to prevent uncontrolled fire or smoke.
All fires are subject to discontinuance at the direction of the Volunteer Fire Department, Police Department or Code Enforcement Department, including, without limitation, if found to be unsafe or emitting visible smoke, ashes or sparks upon an adjoining neighbor's property or any structure.
All recreational fires on private and public property shall comply with the following standards:
A. 
Fires shall be set back as far as possible but in no instance less than 20 feet from all combustible materials (i.e., dwellings, structures, decks, fences, etc.) on neighboring property as a safety setback.
B. 
Fire rings or pits shall be located as far back from property lines as possible but in no instance less than 10 feet from all property lines.
C. 
Only clean, unpainted, untreated wood or charcoal may be burned.
D. 
Chemically treated wood may not be burned.
E. 
Residents must use discretion on windy days to avoid unwanted spread of fire or smoke.
F. 
A garden hose attached to a water supply or other approved fire extinguishing device shall be readily available at the location of any open burning or recreational fire.
G. 
A small amount of paper or similar material may be used for initial ignition.
H. 
Fires must be attended at all times by a responsible adult or by children at least 16 years old, provided they clearly understand how to control the fire.
I. 
The fire must be extinguished if it becomes a nuisance or fails to meet the other requirements of this chapter.
J. 
Further questions relative to recreational fires shall be directed to the Township Code Enforcement Office at 724-625-1827.
All outside burning, other than recreational fires, must be under the supervision of an adult over the age of 18 years.
No person shall store or permit to be stored any combustible refuse in such a way as to create a fire hazard to adjoining properties nor upon the public streets and highways of Adams Township, nor their rights-of-way, nor in close proximity to any public building.
These regulations shall be enforced by the Adams Township Police Department and Code Enforcement Department, any of whom can direct that a fire be extinguished. Exception: Agricultural Security and Preservation Areas may be exempt and protected from public nuisance ordinances in the course of normal farming operations.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the Butler County prison for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense and each section of this chapter that is violated shall also constitute a separate offense.