[HISTORY: Adopted by the Borough Council
of the Borough of Freedom 4-13-1994 by Ord. No. 492. Amendments noted where
applicable.]
This chapter shall be known and cited as the
"Freedom Fire Prevention Code."
The administration and enforcement of this chapter
shall be the duty of the Chief of the Freedom Fire Department, who
is hereby authorized to take such action as may be reasonably necessary
to enforce the purpose of this code. Such persons may be appointed
and authorized as assistants or agents of the Chief of the Freedom
Fire Department as may be necessary to carry out the provisions of
this code.
The provisions of this code shall apply to,
regulate and govern conditions hazardous to life and property from
fire and explosion as defined in this code within or adjacent to any
building or structure.
A.
Standards adopted.
(1)
The BOCA National Fire Prevention Code, 1993 Edition, Chapters 1 through 44, inclusive, and Appendices thereto, except such portions thereof as are hereinafter deleted, modified or amended herein, is hereby adopted and incorporated as if fully set out at length herein; and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the Borough of Freedom.
(2)
In the case of discretionary actions and determinations
of the Chief of the Freedom Fire Department, the relevant facts shall
be considered and determinations made in the exercise of reasonable
discretion and all such determinations shall be final in the absence
of abuse of discretion.
B.
Official copy. Three (3) copies of the BOCA National
Fire Prevention Code, 1993 Edition, shall be kept on file by the Secretary
of the Borough of Freedom for inspection by the public and shall be
marked with the words "Freedom Fire Prevention Code - Official Copy."
The limits referred to in Chapter 30, Section
F-3003.2, of the BOCA National Fire Prevention Code, 1993 Edition,
in which storage of explosives and blasting agents is prohibited,
are hereby established as follows: The entire area constituting the
borough limits of the Borough of Freedom.
The fee for and permit issued under this code
shall be five dollars ($5.).
[Added 7-8-2009 by Ord. No. 566]
A.
BURNABLE MATERIALS
(1)
(2)
(3)
BURN CONTAINER
(1)
(2)
BURN CONTAINER COVER
BURNING
NONBURNABLE MATERIALS
(1)
(a)
(b)
(c)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Include the following:
PAPERIncludes newsprint, wrapping paper, paper products or sheet paper items. Paper used to absorb oils or other noxious or toxic materials, plastic-coated paper, paper attached to other nonburnable materials, or any other paper product that is wet shall not be included as burnable paper products and are hereby prohibited from being burned.
CARDBOARD and CHIPBOARDIncludes cardboard and chipboard boxes, sheets, packing materials, etc. Excluded and not permitted to be burned are materials used to absorb all oil or other noxious or toxic materials; and cardboard or chipboard in combination with any other nonburnable materials.
WOODIncludes any unpainted wood or wood product. Excluded and not permitted to be burned are any woods that have been chemically treated to prevent rot or moisture damage, or other similar treatment; wood products that have a high glue content, such as flakeboard or composition board; and wood products in combination with any nonburnable materials.
Any container used for the purpose of burning materials,
as authorized herein, that is constructed of masonry, metal or other
noncombustible rigid material and contains a bottom, sides and a cover,
as herein defined. Burn containers shall not be allowed to deteriorate
to the point where they contain holes or are missing surface in the
structure. Outdoor fireplaces or incinerators shall be considered
burning containers for the purpose of this section.
If metal drums are being used, they shall not have contained
toxic or flammable or other regulated materials. They shall be free
from holes in the sides and/or bottom, except that they may contain
drain or vent holes in the bottom of the drum no larger than two square
inches each.
Exception. Portable outdoor grills, fired by propane or charcoal
and designed for food preparation, are excluded from the provisions
of this section.
A screen of metal, with spaces not more than 1/2 square inch,
or other comparable material which covers the entire open area above
the burn container opening. Such screen shall be maintained in good
order so as to prevent large particles from escaping the burn container
during operation. The cover shall not be allowed to deteriorate to
any point whereby it loses its maximum efficiency.
The igniting of any material to cause flame, smoke, embers,
hot ash or residue, in combination or individually.
The following is a partial list of those materials that are
classified as "nonburnable" under the guidelines of this section:
Plastic, rubber, oils, asbestos, composition board, shingles,
felt paper, canvas, fiber glass, vinyl or any similar materials, or
any combination of the above with any other materials.
Human or animal waste, sanitary napkins, diapers, food solids,
oil filters or any other materials that, individually or in combination,
emit smoke, or acrid, obnoxious or toxic odors.
Grasses, green twigs or leaves.
The above is a partial list of those items and materials prohibited
under the guidelines of this section. Any other materials that do
not comply fully with the intent of this section, or otherwise create
a nuisance to people or animals are strictly prohibited.
B.
No person or corporation shall cause to be burned any of the above
nonburnable materials or any like or similar materials not in compliance
or inconsistent with this section. It shall be illegal to burn any
materials that give off any acrid, obnoxious or toxic odors or emit
heavy smoke.
C.
Recreational burning, in compliance with this section, shall be permitted
only between the hours of 8:00 p.m. and 1:00 a.m. Under no conditions
shall burning, as defined herein, be permitted outside these hours.
Fires allowed to burn or smolder after 1:00 a.m. shall be in violation
of this section, and all those persons or corporations causing such
fires shall be prosecuted under the guidelines of this section.
D.
Burning, in compliance with this section, shall be attended at all
times by an adult until such time as the flame has subsided completely.
Unattended burning shall be in direct violation of this section, and
all persons or corporations causing and allowing such unattended burning
shall be prosecuted under the guidelines of this section.
E.
Usage and storage of burning containers.
(1)
No burning container shall be used or stored within a reasonable
distance of any building or structure.
(2)
No burning container shall be used or stored within a reasonable
distance of any property line or public sidewalk area.
(3)
No burning container shall be used or stored without the proper cover
in place.
(4)
No burning container shall be used for any other purpose.
F.
All fires outside of burning containers are hereby prohibited.
G.
Any and all Borough police officers are hereby granted the authority
and responsibility for inspecting outside burning containers for compliance
with this section. In the event any violations of this section are
found to be in existence at the time of inspection, the police officer
is hereby charged with the responsibility of issuing warnings or citations,
as merited, for all violations of this section.
H.
Any person or corporation who violates the provisions of this section
shall, upon conviction, pay a fine not to exceed $1,000 and the costs
of prosecution and, in default thereof, undergo imprisonment in the
county prison for a period not to exceed 30 days.
[1]
Editor's Note: Former § 112-7, Amendments,
which specifically provided for open burning, was repealed 2-8-1995
by Ord. No. 497.
Whenever the Chief of the Fire Department shall
deny an application or refuse to grant a permit or when it is claimed
that the provisions of the Code do not apply or that the true intent
and meaning of the code have been misconstrued or misinterpreted,
the applicant may appeal from the decision of the Chief of the Fire
Department to the Freedom Code Review and Appeal Board within thirty
(30) days from the date of the decision. The appointment of the membership
of said Freedom Code Review and Appeal Board, its power and procedures
and appeals from its decisions shall be governed by the provisions
for appeals set forth in the Freedom Building Code.[1]
A.
Inspections and tests. It shall be the duty of the
Chief of the Fire Department to enforce the provisions of this code
and to make the inspections and tests required thereunder.
B.
Right of entry. The Chief of the Fire Department shall,
after proper identification, have the right to enter any premises
for the purpose of inspecting any fire prevention system at such times
as may be reasonably necessary to protect the public health and safety.
A.
Any person who shall violate any of the provisions
of the code hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who shall
build in violation of any detailed statement of specifications or
plans submitted and approved thereunder, or any certificate or permit
issued thereunder, and from which no appeal has been taken, or who
shall fail to comply with such order as affirmed or modified by the
Chief of the Fire Department or by a court of competent jurisdiction,
within the time fixed herein, shall severally for each and every such
violation and noncompliance, respectively, be punishable by a fine
not to exceed one thousand dollars ($1,000.) and the costs of prosecution
and, in default of the payment of the fine and costs, to imprisonment
not to exceed thirty (30) days. The imposition of a penalty for any
violation shall not excuse the violation or permit it to continue,
and all such persons shall be required to correct or remedy such violations
or defects within a reasonable time. Each day that prohibited conditions
are maintained shall constitute a separate offense.
B.
The application of the above penalty provisions shall
not be held to prevent the enforced removal of prohibited conditions.
