[HISTORY: Adopted by the Town Council of the Borough of West View 10-13-1999 by Ord. No. 1387 (Ch. 57 of the 1977 Code). Amendments noted where applicable.]
Because of the more recent occurrences of unregulated open burning in the Borough and the effect that activity has on the health, safety and welfare of the community as a whole, the Town Council of the Borough of West View, after study and consultation with Borough fire officials, deems it to be in the best interests of the Borough to regulate open burning. In order to regulate said activity, it shall, after the enactment of this chapter, become necessary to obtain a permit from the designated Borough agents before burning in any manner as designated in this chapter.
All open fires are strictly prohibited in the Borough of West View, with the exception of recreational, camping or cookout fires that shall be regulated by the issuance of a permit by the Borough. No permit will be issued to burn the following materials:
Paper or other similar refuse.
Leaves, grass or other organic materials.
Building materials of any kind.
Any other kind of materials that will cause nauseous fumes, smoke, toxic chemicals or excessive fly ash.
In order to qualify for an open burning permit, the applicant shall be required to meet all of the following criteria in order to be eligible for a permit and shall agree to abide by these rules and regulations:
Only dry, clean wood products or other clean-burning fuels shall be burned.
Only smokeless fuels, if any, are used to start the fire.
No building materials of any kind are permitted to be burned, nor any garbage or other refuse-type material, as more specifically set forth herein.
The size of the fire, including the flames, and/or the materials being burned shall be no larger than two square feet and enclosed in a barrier made of connected stone, metal or other noncombustible materials.
The fire shall be at least 10 feet from the nearest structure, inhabited area, roadway or property line or boundary, and no structure of any kind shall overhang the fire.
The fire shall be no longer than three hours in duration in any twenty-four-hour period, nor shall it emit smoke in such a manner as to constitute an offensive condition or nuisance to Borough residents.
The permit will not be issued on days of excessive wind.
The permit will not be issued on days determined to be "ozone action days" by the Allegheny County Department of Health.
No fire shall be left unattended during the time it is burning and shall be extinguished when either it is to be unattended or the expiration of the permit period of three hours. All fires shall be attended by an individual 16 years of age or older.
No permit shall be granted, nor open burning engaged in, unless there is at a minimum either an ABC 5 Pound Type Fire Extinguisher, its equivalent or better, or a garden hose, fully pressurized, within four feet of the fire.
This chapter is not meant to control or prohibit conventional outdoor cooking done in conventional metal or other cooking grill-like equipment used by most homes, and found in most stores, being fueled by either charcoal or propane or some other form of gas, and used for a barbecue.
The mere placing of some type of food for cooking purposes over a fire not meeting the criteria set forth herein or lacking the necessary permit shall be a violation of the meaning and intent of this chapter, and the mere cooking of food shall not qualify the fire as a conventional outdoor grill.
Exception to the within requirements as to size and content of open burning shall be fire-fighting training fires or burning and bonfires. These activities shall require a permit and shall meet special safety requirements to be established on a case-to-case basis by the Fire Chief and/or Fire Marshal.
Enforcement. Permits shall be obtained by filling out an application at the Borough Hall. There shall be a charge of $5 for the issuance of the permit. The permit shall be applicable to only one fire for one calendar day, and successive and separate applications must be made for each additional fire. Fires to be burned Tuesday through Friday must apply for the permit 24 hours in advance. Fires to be burned Saturday, Sunday or Monday must apply for the permit no later than the close of the Borough Business Office on the Thursday preceding the desired Saturday, Sunday or Monday. The permit shall be issued and signed by officials of the Borough or the Fire Chief and Fire Marshal.
Penalties. Any person, corporation or other business entity violating the provisions of this chapter or who fails to comply herewith, upon conviction before a Magisterial District Judge, shall be subject to a fine of $300, plus the costs of prosecution, for each offense; each fire in excess of three hours in any twenty-four-hour period constituting a separate offense. In the event the fine and costs are not paid, the defendant shall be sentenced to serve not more than 30 days in the Allegheny County Jail.
In addition to the penalties set forth herein, should the fire found to be in violation of this chapter, not being properly extinguished to the satisfaction of the Borough fire officials, and said officials in their discretion have to call out Borough Fire equipment to properly extinguish the fire, and if Borough Fire Department equipment is used, an additional charge of $300 shall be assessed as a penalty, said funds to be paid to the Fire Department to defer expenses.
The applicant must present sufficient written evidence of either ownership, leasehold interest or permission of the owner in the case of the special excepted fires set forth herein.