[HISTORY: Adopted by the Board of Supervisors
of the Township of Loyalsock 6-27-1972 as Ch. 5, Art. I, Secs. 5-6
through 5-10, of the 1972 Code; amended in its entirety 7-24-2007 by Ord. No.
320. Subsequent amendments noted where applicable.]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings set
forth in this section.
A clean wood-fueled outdoor fire used for ceremonial or celebration
purposes.
An outdoor fire used for the preparation of food.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue/vent
stack or chimney which is part of an inhabited building used for residential,
business, industrial, or other public or private purposes.
A device located outside an inhabited building and used to
burn combustible materials for the purpose of generating heat inside
the inhabited building. An outdoor furnace shall be considered an
accessory structure for purposes of any other ordinance or regulation
applying to or effective in the Township of Loyalsock including, but
not limited to, Zoning Ordinance and Building Code. All outdoor furnaces
must be approved by and listed by a recognized testing agency and
must be used in accordance with the listing and manufacturer's instructions.
A small wood burning fire used for family gatherings. Said
fire shall be contained in a ring of brick, stone or other acceptable
material which is no larger than three feet in diameter.
[Amended 2-24-2009 by Ord. No. 333]
A controlled fire used for training of the Loyalsock Township
Volunteer Fire Company and others in conjunction with the Loyalsock
Township Volunteer Fire Company.
Except as set forth in §§ 94-3 through 94-9, under no circumstances shall any person perform or cause to be performed or permit to be performed any outdoor burning of any material, including but not limited to, garbage, rubbish, refuse, trash, paper, paper products, rubber, wire, roofing shingles, plastic/synthetic materials, brush, trimmings, rakings, leaves, grass, wood, coal, wood products and other similar materials. Any existing outdoor burning device used to burn household waste must be removed and properly disposed of by August 31, 2007.
Recreational fires are hereby permitted with
the following stipulations:
A bonfire may be made for purposes such as pep
rallies, and public celebrations upon application submitted to the
Township and approved by the Township Staff and Township Fire Company.
A fire for the preparation of foods are permitted
(gas grills, charcoal grills, etc.), provided that reasonable safeguards
to prevent dangerous burning are followed.
A training fire may be made upon approval by
the Loyalsock Township Board of Supervisors.
From time to time there may be a need for a
property / business owner to conduct a controlled fire for a variety
of maintenance or operational reasons, or for a controlled burn in
conjunction with a federal, state, or local agency. These requests
may be permitted by the Loyalsock Township Board of Supervisors on
a case-by-case basis depending on the situation. The Loyalsock Township
Volunteer Fire Company must be notified by the owner during burning.
Outdoor furnaces may be constructed or installed
with the following conditions:
A.
Outdoor furnaces that burn wood or coal shall be a
minimum of 300 feet from any property line. Outdoor furnaces that
burn oil or gas are exempt from this requirement.
B.
Outdoor furnaces must burn clean, seasoned wood, coal,
oil or gas. All other types of fuel are prohibited.
C.
Outdoor furnaces that have been approved by and listed
by a recognized testing agency and have been constructed, installed
or in use as of the effective date of this chapter are grandfathered.
D.
A special exception may be granted by a majority vote of the Board
of Supervisors to allow a wood- or coal-burning outdoor furnace to
be closer than 300 feet from a property line. The applicant must present
evidence showing that the use will not create a nuisance to any neighboring
property owners, and under no circumstances will an outdoor furnace
be allowed in close proximity to a neighboring residence.
[Added 10-28-2014 by Ord. No. 363]
Any property owner whose residence is not connected
to public sanitary sewer and/or public water lines is permitted to
burn under the following conditions:
A.
The fire shall be contained in a noncombustible, ventilated
container covered with a wire screen of 1/2 inch or smaller mesh or
other suitable noncombustible cover so as to prevent pieces or particles
from blowing away.
B.
The burning container must be on private property
and must be located a minimum of 300 feet from any adjoining inhabited
structure and 20 feet from any structure, building, tree, hedge or
shrub.
C.
The fire shall exist only between the hours of sunrise
and sunset Monday through Friday.
D.
The burning must be controlled and attended by an
adult at all times.
E.
Only paper and paper products, excluding paper products
that are required to be recycled (i.e., newspaper and cardboard),
may be burned.
This chapter shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this chapter shall,
upon conviction in a summary proceeding, be punishable by a fine of
not less than $100 nor more than $1,000 or by imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense. Each section of this chapter that is violated shall also
constitute a separate offense.
Chapter 94 shall be enforced by the Township Codes Enforcement Officer, the Township Building Official, the Loyalsock Township Volunteer Fire Company Fire Chief, Loyalsock Township Volunteer Fire Company Fire Inspector and any other person or persons approved by resolution of the Board of Supervisors of Loyalsock Township.
