[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 8-11-2008 by Ord. No. 2008-15. Amendments noted where applicable.]
This chapter is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of citizens of the Borough of Palmyra by regulating the air pollution and fire hazards of open burning and outdoor burning.
This chapter applies to all outdoor burning within the Borough of Palmyra, whether on public or private property.
This chapter does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
This chapter does not apply to burning for the purpose of generating heat in a stove, fireplace or other heating device within a building used for human or animal habitation.
This chapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
As used in this chapter, the following terms shall have the meanings indicated:
- See "outdoor fireplace."
- CLEAN WOOD
- Natural wood which has not been painted, varnished, or coated with a similar material; has not been pressure-treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
- CONSTRUCTION AND DECOMPOSITION WASTE
- Building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
- FIRE CHIEF
- The Chief of the Palmyra Fire Company or other person designated by the Chief to serve in his place.
- OPEN BURNING
- Includes, but is not limited to, bonfires, campfires and recreational fires.
- OUTDOOR FIREPLACE
- An elevated outdoor fireplace or commercially manufactured steel or ceramic portable fireplace, including chimneas, and portable fire pits, or other portable wood-burning device used for outdoor recreation and/or heating used according to the manufacturers' directions.
- RECREATIONAL BURNING
- The burning of seasoned firewood for outdoor recreational purposes in an enclosure designed specifically for ember and flame containment. The total fire area shall not exceed three feet in diameter and two feet in height.
- Any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.
A recreational burning unit may be installed and used in the Borough only in accordance with all of the following provisions:
The unit shall not be used to burn refuse.
The unit shall burn only seasoned, dry firewood.
Recreational fires shall not be located within 15 feet of vehicles, buildings or structures including houses, garages, overhangs from buildings such as porches or carports, sheds, and wooden fences.
The unit's emissions shall not cause a nuisance to neighbors.
There shall only be one unit on any patio or deck.
Fires shall be limited to a maximum three feet diameter and two feet in height.
All openings in the container must be covered with wire mesh or other screening materials that will prevent the passage of sparks and embers.
The fire must be constantly attended.
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than three inches in diameter, untreated lumber, garbage, paper products or anything other than seasoned firewood as set forth herein is prohibited.
The Fire Marshall, Fire Chief, or any police officer may order any open fire or use of any recreational burning unit which will be offensive, objectionable, or creates a nuisance due to smoke and odor emissions when atmospheric conditions or local circumstances make such fires hazardous or which presents a safety hazard to life or property to be extinguished.
A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by fire.
The Fire Chief, Fire Marshal, or police officer may inspect any property for the purpose of ascertaining compliance with the provisions of this chapter. Said representative is hereby authorized to extinguish any open burning fire being conducted in violation of any of the provisions of this chapter.
Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this chapter or fails to comply with a duly authorized order issued pursuant to this chapter shall be deemed to be subject to prosecution in the Palmyra Municipal Court and may be subject to a fine not to exceed $1,000 and incarceration not to exceed 30 days, or both.