Pursuant to authority granted by the State in the Air Pollution
Control Act, N.J.S.A. 26:2C-22, as well as through N.J.S.A. 40:48-1
et seq., the New Jersey Home Rule Act of 1917, as amended, this chapter
shall be known as the "Township of Cinnaminson Open Air Burning and
Indoor and Outdoor Burning Prohibition Ordinance."
Although open air burning provides an additional source of leisure
and passive recreation, concerns have been raised regarding the safety
and environmental impacts of open air burning activities, particularly
the production of offensive odors and the potential health effects
of uncontrolled emissions and the burning of materials other than
firewood or untreated lumber. Further concerns exist as to indoor
and outdoor burning where the materials being burned also produce
or have the potential to produce offensive odors, smoke and potential
health effects of uncontrolled emissions from the burning of nonapproved
materials. This chapter is intended to ensure that open air burning
and indoor and outdoor burning through furnaces, stoves, fireplaces
and chimneys are regulated to prevent the creation of a nuisance or
other situations which may be or become detrimental to the health,
safety and general welfare of the residents of the Township.
The following terms shall have the following meanings when used
in this chapter:
BONFIRE
A fire as defined by Section 307 of the Uniform Fire Code,
except that Section 307.4.1.1 of the Fire Code concerning the dimensions
of a bonfire is amended to also include any fire greater than three
feet in diameter.
CAMPFIRE
An outdoor fire, not to exceed three feet in diameter, intended
for recreation or cooking, but not including a fire intended for disposal
of waste wood or refuse.
FIRE PIT, ASSEMBLED
Non-pre-made fire pits built according to an individual's
wishes, encompassing a wide variety of styles and functions, from
a traditional campfire pit to more elaborate constructions of materials
such as stone and concrete. The term "assembled fire pit" shall also
include outdoor fireplaces, chimineas, patio warmers or other portable
wood-burning devices used for outdoor recreation and/or heating.
FIRE PIT, PRE-MADE
Pre-manufactured fire pits commercially sold for outdoor
burning, often portable, and commonly made of metal and used for either
wood or gas burning.
FIREWOOD
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than two inches in diameter.
FURNACE
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated on a property for the purpose
of combustion of fuel to produce heat and/or hot water for new or
existing structures. A furnace may be a standalone device or a structure
that may appear to be a small utility building which serves the same
purpose. A furnace shall also include boilers and stoves used for
this purpose.
INDOOR
Any unit of space not covered by the definition of "outdoor."
OUTDOOR
Any unit of space outside of an existing structure.
REFUSE
Any waste material except trees, logs, brush, and untreated
lumber.
SUSTAINED SMOKE
Any smoke that continues in a visible flow from the source
of the fire for more than 20 feet for more than three minutes in duration.
Sustained smoke shall not include the presence of any fragrance or
odor caused by the burning of firewood or untreated lumber if same
is not accompanied by the presence of visible smoke.
UNTREATED LUMBER
Dry wood which has been milled and dried out but which has
not been treated or combined with any petroleum product, chemical
preservative, glue, adhesive, stain, paint or other substance.
Enforcement of this chapter may be accomplished through the
Township Police Department, or the Township Fire Chief, Fire Marshal
and Construction Code Official, or their designees.
Each and every person failing to comply with any of the provisions
in this chapter shall, upon conviction thereof, be punished by a fine
of up to $2,500 per offense, a term of imprisonment of up to 90 days
and/or be required to perform community service for up to 90 days.
Each day a violation exists shall constitute a new and separate offense
subject to prosecution. When the Cinnaminson Fire District takes efforts
to enforce this chapter, any fine levied shall be equally split between
the Township and the Fire District to defray the cost of enforcement.
Nothing contained herein shall authorize or allow burning which
is prohibited by codes, laws, rules or regulations promulgated by
the United States Environmental Protection Agency, New Jersey State
Department of Environmental Protection, or other federal, state, regional
or local agencies. Indoor and outdoor burning devices shall be installed,
operated and maintained in conformity with the manufacturer’s
specifications and any and all local, state and federal codes, law,
rules and regulations. In case of any conflict between any provision
of this chapter and any applicable federal, state or local ordinances,
codes, laws, rules or regulations, the more restrictive or stringent
provision or requirement shall prevail.