[HISTORY: Adopted by the Board of Supervisors
of the Township of Lehigh 5-23-2000 by Ord. No. 2000-1. Amendments noted where
applicable.]
It is against public policy to permit uncontrolled
and unrestricted outdoor burning. The purpose of this chapter is to
prevent needless public damage to life and property because of public
and private nuisances caused by outdoor fires deliberately or carelessly
set and maintained.
For the purposes of this chapter, the following
words and terms shall have the meanings ascribed to them herein:
Any fire contained in an incinerator, burn barrel, fireplace
or cooking grill or other contained enclosure designed for outdoor
cooking, or a fireproof container.
The Fire Chief of the Lehigh Township Volunteer Fire Company
No. 1, any member of the Lehigh Township Police Department, and the
Lehigh Township Code Enforcement Officer shall be designated enforcement
officers under this chapter. Any citation must be issued by a police
officer.
Any fire set or maintained outside of a building at any stage,
including, but not limited to, smoldering or open flame.
Leaves from trees, tree trimmings, shrubbery, garden residue
or similar material. Grass clippings shall not be included in this
definition.
[Added 10-26-2010 by Ord. No. 2010-11]
Any individual, partnership, organization, association, agency,
firm, estate, or corporation and any other legal or commercial entity.
Any fire using natural, untreated wood and containing a fuel
source of not more than 27 cubic feet.
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. The term is limited
to clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, plastics and
other marketable grades of paper.
[Added 10-26-2010 by Ord. No. 2010-11]
Any fire not included in the definition of a "contained fire"
or a "recreational fire."
No person shall set, start, feed, permit to
burn or maintain any fire upon any of the streets, sidewalks, alleys
or public grounds in Lehigh Township, except where a designated area
has been set aside or reserved for this purpose and an appropriate
container has been provided to contain such fire.
A.
It shall be unlawful to allow any fire, including
cooking, within an unsafe distance from any building.
B.
No fire shall be set, started, fed, permitted to burn
or maintained where such fire may endanger any building or property,
except where such building or property is used by the Fire Department
for training purposes.
C.
Out-of-door fires shall be permitted only upon private
property and shall take place at least 20 feet from any building or
road line.
D.
Nothing herein shall be deemed to prohibit indoor
cooking activities providing that reasonable safeguards are maintained.
E.
Cooking grills may be less than 20 feet from a building
providing that reasonable safeguards are maintained.
A.
No fire shall be allowed to burn unattended without
a responsible adult being present at all times and without readily
available fire-extinguishing apparatus, such as rakes, shovels, fire
extinguishers, and readily available on-site water.
B.
No fire shall be permitted to burn whenever drought, high winds,
or extreme weather conditions exist or when a ban on burning has been
placed into effect by the Commonwealth of Pennsylvania or other competent
governmental body. Upon recommendation by the Fire Chief, the Township
Manager may prohibit any and all outdoor fires when atmospheric conditions
or local circumstances make such fires hazardous. Such action by the
Manager shall be subsequently authorized by resolution of the Board
of Supervisors at its next meeting. The Manager may remove the prohibition
upon recommendation from the Fire Chief without further resolution
from the Board.
[Amended 10-26-2010 by Ord. No. 2010-11]
C.
No fire shall be set that results in uncontrolled
burning of vegetation, grass, brush or forest.
D.
Out-of-door fires shall be confined in a noncombustible
container, covered with a wire screen of 1/2 inch or smaller mesh.
[Amended 10-26-2010 by Ord. No. 2010-11]
E.
Prior to the start of an outdoor fire which need not
be confined to or covered by a noncombustible container, in excess
of 10 feet by 10 feet by six feet in nature, the property owner upon
whose land the fire will be located shall notify the Lehigh Township
Fire Company Dispatcher of the burn, the name and address of the property
owner, and the materials to be burned. The dispatcher shall also be
notified by the property owner when the burn is completed.
F.
Recreational fires, in excess of a 10 feet by 10 feet
by six feet high in nature, must be maintained in a noncombustible
fire ring or have a three-foot area cleared around the burn site,
excluding actual burn pile.
G.
Recreational fires, bonfires, and campfires shall have a reasonable
area cleared around the burn site. "Reasonable area" is defined as
a three-foot area around the burn site, excluding actual burn pile.
[Added 10-26-2010 by Ord. No. 2010-11]
It is a violation of this chapter for any person
to allow any fire to burn under adverse weather conditions or unsupervised,
or otherwise in an unsafe manner. Any such fire may be extinguished
by an official of the Township-designated Fire Company or the Township
Police Department or the Township Code Enforcement Officer or shall
be extinguished immediately upon request of such official by the property
owner or his or her authorized representative.
A.
No person shall burn or cause to be burned any paper,
boxes, rubbish, leaves or any other kind of substance, nor shall any
person or persons set or maintain any uncontained fire, or burn or
cause to be burned an uncontained fire of any substance or material
of any kind, out-of-doors, anywhere in the Township of Lehigh between
11:00 p.m. and 6:00 a.m.
B.
Contained fires shall not be permitted to burn or
smolder between the hours of 11:00 p.m. and 6:00 a.m.
C.
Recreational fires using natural, untreated wood and
containing a fuel source of no more than 27 cubic feet are permitted
at any time so long as they comply with all other provisions of this
chapter.
A.
Burning of construction debris, pressure-treated wood
or wood products, plastics, by-products of manufacturing and processing
operations, and wastes from commercial operations is strictly prohibited.
B.
Nothing herein shall be construed to permit or encourage
the burning of any substance determined by the Commonwealth of Pennsylvania
or the United States Environmental Protection Agency to be a hazardous
substance; nor shall any fire be permitted to burn by any person if
such burning is in violation of the Air Pollution Control Act[1] or other legislation of the Commonwealth of Pennsylvania
or the United States of America or any other competent public agency.
[1]
Editor's Note: See 35 P.S. § 4001
et seq.
C.
No garbage or offal may be burned at any time either
indoors or out-of-doors.
D.
Fires shall be used only to burn readily combustible
materials.
E.
It shall be unlawful to burn source-separated recycling materials
or leaf waste. Fires used exclusively for agricultural purposes shall
be exempt.
[Added 10-26-2010 by Ord. No. 2010-11]
A.
In the event that it is necessary to have an uncontained
fire of a size and/or at times other than permitted under this chapter,
special permission must be obtained in advance from the Fire Chief
of the Lehigh Township Volunteer Fire Company No. 1 or his designee.
In the event any Fire Company is required to respond to a fire which
violates the provisions of this chapter, a service fee may be levied
by the responding Fire Company.
B.
Any recreational fire exceeding 27 cubic feet must
be given special permission by calling the Fire Department in advance.
C.
Any commercial entity having a state permit must still
comply with this chapter in regards to weather conditions and announced
burning ban.
No penalty herein shall prevent the Township
from enforcing this chapter by equitable, injunctive and other remedies.
The Township of Lehigh and its agents, officials,
and representatives, shall not, under any circumstances, be liable
or responsible for damages caused to any person or property by reason
of the provisions of this chapter, or by reason of conduct of any
burning activity in compliance with the terms and provisions of this
chapter. The individual person or party responsible for any such fire
shall bear sole liability for any damages caused as a result thereof.
