[HISTORY: Adopted by the City Council of the City of Warren 8-17-2015 by Ord. No. 1859.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 399.
[1]
Editor’s Note: This ordinance also repealed former Ch.
175, Burning, Outdoor, adopted 9-19-2011 by Ord. No. 1805.
This chapter shall regulate all areas of the City, except for
those parks, recreational and conservation areas regulated by Ordinance
No. 1803[1] and any amendments thereto.
The Code Department in conjunction with the Police Department
shall administer and enforce the provisions of this chapter, and the
Fire Department will provide extinguishment capabilities as warranted.
The following words and terms shall, for the purpose of this
chapter, have the meaning shown herein. Any word or term not defined
in this section shall have the meaning of the generally accepted definition
in current dictionaries.
A solid-fuel or gas-fed open flame device designed specifically
for outdoor cooking. Such devices are limited to charcoal and wood
burners, natural or propane gas grills, and smokers used for slow-cooking
foods.
An outdoor fire utilized for permitted ceremonial purposes,
which has a total fuel area of more than three feet in diameter and
two feet in height.
Any substance that may ignite and burn.
Clean, dry seasoned wood cut to length for the purpose of
being burned in permitted outdoor fires.
The ignition of materials wherein products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed chamber. Open burning does not
include road flares and similar devices associated with safety, recreational
fires, or use of portable outdoor fireplaces, bonfires, and barbecue
grills. For the purpose of this definition, a chamber shall be regarded
as enclosed when, during the time combustion occurs, only apertures,
ducts, stacks, flues, or chimneys necessary to provide combustion
air and permit the escape of exhaust gas are open.
An outdoor structure of brick, stone, or metal for an open
fire.
A movable, outdoor fireplace fueled by firewood, charcoal,
propane, or natural gas that maintains the fire above any surface
and may be constructed of steel, concrete, clay, or other noncombustible
material. A portable outdoor fireplace may be open in design, or may
be equipped with a small hearth opening and a short chimney or chimney
opening in the top.
An outdoor fire burning firewood where the fuel being burned
is not contained in an incinerator, outdoor fireplace, portable outdoor
fireplace, or barbeque grill and has a total fuel area of three feet
(914 mm) or less in diameter and two feet (610 mm) or less in height
for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
The collective term applying to all garbage, rubbish, debris,
and other waste materials of any type including, but not limited to
plastics, rubber, roofing, siding, yard waste, leaves and all other
materials intended for disposal.
It shall be unlawful to deliberately or negligently set fire
or cause to burn any combustible material in such a manner so as to
endanger the safety of persons or property.
City Officials, as designated by the Code Official, Fire Chief,
and Police Chief, are authorized to order the extinguishment of any
outdoor burning that is conducted contrary to the provisions of this
chapter. Failure to comply with an extinguishment order shall constitute
a violation of this chapter.
Open burning for any purpose, including the destruction of refuse,
the conduct of a salvage operation, or the disposal of construction
materials, is strictly forbidden. Notwithstanding the above prohibition,
Council may, by special exception, authorize open burning, in conjunction
with and in compliance with applicable state and federal regulations,
for prevention or control of disease and pests.
Bonfires, recreational fires, and the use of outdoor fireplaces
are permitted in accord with the following regulations, and regulations
enforceable by the Pennsylvania Department of Environmental Protection:
A.
General requirements:
(1)
Bonfires, recreational fires, and fires in portable outdoor fireplaces
shall be constantly attended by an adult until the fire is extinguished.
A minimum of one portable fire extinguisher or other fire extinguishing
equipment, such as water barrel, garden hose, or water truck, shall
be available for immediate use.
(2)
No fire may be ignited using incendiary, flammable, or combustible
liquid not manufactured for such purpose.
(3)
No fire shall be ignited or maintained within 10 feet of a property
line or public sidewalk.
B.
Regulations for bonfires:
(1)
A bonfire shall not be conducted within 50 feet of a structure or
combustible material. Conditions which could cause fire to spread
to a structure or combustible material shall be eliminated prior to
ignition.
(2)
A bonfire shall not be conducted without a permit issued by the City
of Warren.
(3)
Once ignited, only firewood may be burned.
C.
Regulations for recreational fires:
(1)
Recreational fires shall not be constructed within 25 feet of a structure
or combustible material. Conditions which could cause fire to spread
to a structure or combustible material shall be eliminated prior to
ignition.
(2)
Once ignited, only firewood or charcoal shall be burned.
(3)
The perimeter of a recreational fire shall be contained within a
barrier of noncombustible material so as to prevent fire spread.
D.
Regulations for use of portable outdoor fireplaces:
(1)
Portable outdoor fireplaces shall be utilized in accordance with
the manufacturer's instructions and shall not be operated within
15 feet of a structure or combustible material. Conditions which could
cause fire to spread to a structure or combustible material shall
be eliminated prior to ignition.
(2)
Once ignited, only firewood, charcoal, propane, or natural gas shall
be burned.
Barbeque grills are permitted in accord with the following regulations:
A.
All barbeque grills shall be utilized in accordance with the manufacturer's
instructions and shall not be operated on any balcony.
B.
Solid fuel burning grills shall not be operated within 15 feet of
combustible construction.
C.
When operating a gas-fed grill, clearances to combustible construction
shall be maintained in accordance with the manufacturer's instructions.
In the absence of said instructions, a minimum 15 feet of clearance
shall be maintained.
A.
No recreational fire, bonfire, portable outdoor fireplace, or barbeque
grill shall be operated, conducted, or maintained within any street
right-of-way, except as approved by the City of Warren in conjunction
with a special event permit.
B.
Should the City approve a recreational fire, bonfire, use of a portable
outdoor fireplace or barbeque grill within any street right-of-way,
the City Manager may establish requirements in addition to those set
forth herein, and as are necessary to protect the public interest.
The City Manager or designee may establish a temporary ban on
all types of outdoor burning whenever such action is deemed to be
in the public interest due to air quality, weather, or other conditions.
Upon investigation of violations of the Ordinance, the investigating
City Official may, if a violation is found to exist, order the fire
extinguished or prosecute a nontraffic citation, or both.
A nontraffic citation will be issued and fines and penalties
will be sought through the District Court. Each offense is deemed
a summary offense and subject to a fine of not more than $1,000. Any
costs incurred in the enforcement of this chapter shall also be sought.
Failure to pay penalties, fines, and costs shall cause the City of
Warren to pursue all appropriate legal means to collect penalties,
fines and costs due.
