[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 2-16-2010 by Ord. No. 826. Amendments noted where applicable.]
This chapter applies to all outdoor burning and open burning
within the Borough of Baldwin except for the following:
A.
It shall not apply to grilling or cooking food using charcoal, wood,
propane or natural gas in cooking or grilling appliances in an appropriate
container or fireplace.
B.
It shall not apply to burning for the purpose of generating heat
in a stove, furnace, fireplace or other heating device within a building
used for human or animal habitation.
C.
It shall not apply to the use of propane, acetylene, natural gas,
gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
Open burning of wood, trees, logs, brush and/or stumps shall
only be permitted in compliance with the following:
A.
Only clean, dry wood products may be burned.
B.
Burning shall only be permitted in an approved outdoor rated fireplace,
fire pit, chimney or fifty-five-gallon drum.
C.
No wood, treated wood or wood product that produces any noxious or
unpleasant odor when it is burned.
D.
All burning and fires must be no less than 15 feet distant from the
nearest property line.
E.
All outdoor burning shall be attended at all times by an individual
not younger than 18 years of age and shall be extinguished in the
absence of a qualified individual attending the fire.
F.
Adequate means of fire extinguishment must be immediately available
at all times when outdoor burning is taking place.
G.
Burning at construction sites having a valid building permit for
the purpose of providing warmth shall only be permitted if the weather
is at or below 32° F., and said burning shall only take place
in a fifty-five-gallon drum suitable for containing such fire.
H.
Persons utilizing or maintaining an outdoor fire shall be responsible
for all fire-suppression costs and any other liability resulting from
damage caused by the fire.
I.
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions minimize adverse effects
and do not create a health hazard or a visibility hazard for persons
at home, on roadways, railroads or airfields. The person engaging
in open burning shall take all reasonable precaution to stop any smoke
and/or fumes from encroaching in or upon the inhabited structure of
another. Open burning shall be conducted in conformance with all local
and state fire protection regulations and the 2006 International Fire
Code.
J.
No materials may be burned upon any street, curb, gutter, sidewalk
or on the ice of a lake, pond, stream, body of water or on any public
property.
K.
No person shall be permitted to create or permit an open fire on
property unless he/she has the legal right to possession of that property.
L.
The Fire Marshal or other authorized officer, agent, employee or
representative of the Borough of Baldwin who presents credentials
may inspect any property for the purpose of ascertaining compliance
with the provisions of this chapter.
The open burning of refuse is prohibited. Refuse shall include
any waste material, including building supplies, garbage, grass and
leaves. It shall not include dead trees, logs, brush, stumps, and
other vegetative matter.
The Fire Marshal and/or Code Enforcement Officer shall have
the power to prohibit open burning if such burning is contrary to
the provisions of this chapter or the 2006 International Fire Code.
Any person or entity found to be in violation of this chapter
shall be subject to a civil fine in the amount of $600 for each violation,
after issuance of a citation and conviction before the Magisterial
District Judge.
