[Adopted 4-4-2011 by Ord. No. 1599]
Interpretation of words and phrases when used in this article
shall, for the purpose of this article, have meanings as indicated
below except in those instances where the context clearly indicates
a different meaning:
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
Specific provisions in the 2009 International Fire Code (IFC), which
was adopted by Upper Moreland Township, and as stated in this article
shall apply as follows:
Open burning, recreational fires and the use of portable outside
fireplaces shall be constantly attended until the fire is extinguished.
A minimum of one portable fire extinguisher or other approved
on-site extinguishing equipment such as dirt, sand, water barrel or
garden hose shall be available for immediate utilization.
The Fire Code Official or his/her designee is authorized to
order the extinguishment of open burning that creates to or adds to
a hazardous or objectionable situation.
A manufactured cooking device, such as a barbecue grill,
outside fireplace, or other outdoor appliance, solely intended for
the cooking of food.
For recreational purposes, use of outdoor chimineas or fireplaces is permitted with the exceptions stated under § 234-9. Specific provisions in the 2009 International Fire Code (IFC), which was adopted by Upper Moreland Township, and as stated in this article shall apply as follows:
Recreational fires shall not be conducted within 25 feet of
a structure or combustible material.
Conditions which could cause a fire to spread within 25 feet
of a structure shall be eliminated prior to ignition.
Portable outdoor fireplaces shall be used in accordance with
the manufacturer's instructions and shall not be operated within
15 feet of a structure or combustible material.
Open burning, recreational fires and the use of portable outside
fireplaces shall be constantly attended until the fire is extinguished.
A minimum of one portable fire extinguisher or other approved
on-site extinguishing equipment such as dirt, sand, water barrel or
garden hose shall be available for immediate utilization.
The Fire Code Official or his/her designee is authorized to
order the extinguishment of open burning that creates to or adds to
a hazardous or objectionable situation.
Except as specifically authorized under this article or permitted
by the Township Fire Marshal in writing, no person shall cause, allow,
permit or maintain an outdoor bonfire or open burning on a public
or private street or right-of-way or on public or private property.
All burning, or open burning of the following is specifically prohibited:
A.Â
Garbage;
B.Â
Household, business, or industrial trash or similar waste products
of every kind or nature;
C.Â
Loose leaves or yard trimmings (brush, grass and similar organic
matter) on a street or on public or private property, whether in connection
with any building operation, in an open dump or otherwise;
D.Â
Burning or open burning that results in unreasonable quantities of
dense smoke, noxious fumes, gas, soot, or cinders or burning that
results in smoke condition impacting a neighboring property;
E.Â
Open burning that violates the provisions of the International Fire
Code (IFC), as adopted by Upper Moreland Township; or
F.Â
Burning of material which is required to be recycled under Pennsylvania
law.
The outdoor cooking of food shall be permitted in or on an open-flame
cooking device, solely intended for the cooking of food, and in strict
adherence with the manufacturer's use guidelines. Permitted open-flame
cooking devices are limited to those specifically designed for cooking
with the burning of charcoal, liquid petroleum (LP) gas, propane gas,
or wood. Upon the completion of cooking, the flame must be extinguished.
The Fire Marshal or his duly authorized representatives shall
have authority to grant a variance from the provisions of this article
for reasons including, but not limited to, the following:
[Amended 11-13-2018 by Ord. No. 1689]
A.Â
Any person who fails to comply with the provisions of this article shall be issued a Township notice of violation by the Upper Moreland Police Department the Fire Marshal, or the Deputy Fire Marshal, imposing a fine based on the quantity of notices of violation the person has been issued for the particular violation, in accordance with the amounts set forth in Chapter A370. Should the offender fail to pay the fine or challenge the notice of violation within five days of the date of issuance, the Police Department will rescind it and file a non-traffic citation with the Township Magisterial District Judge.
[Amended 4-1-2019 by Ord. No.
1698]
B.Â
Upon summary conviction before a Magisterial District Judge, the
offender shall be sentenced to pay a fine of no less than $100 nor
more than $1,000 plus costs of prosecution and the Township's
actual attorneys' fees. Each day that a violation of this article
continues shall be deemed to be a separate offense. Failure to pay
any fines, costs and fees imposed may result in imprisonment not to
exceed 30 days.
To the extent the provisions of this article are inconsistent
with the provisions of the Township Fire Code, this article shall
be controlling.
Nothing herein is intended to abrogate state law or statewide
applicable regulations dealing with open burning. To the extent that
any provision of this article is found to be in violation of any state
law or regulation which is controlling, that provision is severed,
and the remainder of the article shall continue in full force and
effect.
