[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:
OPEN BURNING
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:
A. 
Open burning, recreational fires and the use of portable outside fireplaces shall be constantly attended until the fire is extinguished.
B. 
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.
C. 
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.
OPEN-FLAME COOKING DEVICE
A manufactured cooking device, such as a barbecue grill, outside fireplace, or other outdoor appliance, solely intended for the cooking of food.
RECREATIONAL BURNING
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:
A. 
Recreational fires shall not be conducted within 25 feet of a structure or combustible material.
B. 
Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
C. 
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.
D. 
Open burning, recreational fires and the use of portable outside fireplaces shall be constantly attended until the fire is extinguished.
E. 
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.
F. 
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. 
Garbage;
B. 
Household, business, or industrial trash or similar waste products of every kind or nature;
C. 
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. 
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. 
Open burning that violates the provisions of the International Fire Code (IFC), as adopted by Upper Moreland Township; or
F. 
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:
A. 
To prevent or abate a fire hazard.
B. 
For the purpose of instructing personnel in firefighting.
C. 
For the prevention and control of disease and pests.
D. 
For fires set solely for ceremonial purposes.
[Amended 11-13-2018 by Ord. No. 1689]
A. 
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. 
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.
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.