Borough of Mount Gretna, PA
Lebanon County
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[HISTORY: Adopted by the Borough Council of the Borough of Mount Gretna 3-8-2021 by Ord. No. 222.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 76, Burning, Open, adopted 6-11-2012 by Ord. No. 180, as amended.
This chapter shall be known as the "Mount Gretna Borough Burning Ordinance."
The Mount Gretna Borough Council, Lebanon County, Pennsylvania, deems it to be in the best interest and general welfare of the citizens and the residents of the Borough, and taking into consideration that the community is built up and wooded, that open burning is detrimental to the health, comfort, living conditions, welfare and safety of the citizens of Mount Gretna Borough, and it is hereby declared to be the policy of Mount Gretna Borough to safeguard the citizens of Mount Gretna Borough from potential fire hazards and eliminate nuisances caused by smoke.
As used in this chapter, the following definitions shall have the meanings indicated:
BURN BARREL
A metal container used to hold combustible or flammable waste materials so they can be ignited outdoors for the purpose of disposal.
BURNING
The tending, causing to ignite or igniting of any material to cause flame, smoke, embers, hot ash or residue, in combination or individually.
CANDLE
A device that consists of an ignitable wick embedded in wax or similar fuel source.
CHIMINEA
A small front-loaded outdoor fireplace with a bulbous body and vertical smoke vent usually made of clay, terra cotta or metal, typically fueled by wood or charcoal.
FIRE PIT
An aboveground or below-ground structure built into the ground or constructed of stones, masonry, brick, or other noncombustible material for the purpose of containing and controlling a wood or charcoal fire.
GAS OUTDOOR FIRE TABLE or GAS FIRE PIT
A device that burns propane or natural gas for decorative or heating purposes, generally consisting of a burner covered with lava rock or decorative glass.
GASEOUS FUEL
Any gaseous material that can be burnt to release energy through the process of combustion such as propane or natural gas.
KEROSENE HEATER
A device that burns kerosene for producing heat.
LIQUID FUEL
Any liquid material that can be burnt to release energy through the process of combustion, such as paraffin oil, citronella oil, or kerosene.
OPEN BURNING
Any fire which is burned outside an enclosed structure or building.
OUTDOOR CAMP STOVE
A small portable stove for cooking or heating.
OUTDOOR FIREPLACE
A place for building fires outside of the home. Similar in construction to an indoor fireplace, usually added to a stone, brick, or concrete patio, consisting of a firebox and a chimney.
OUTDOOR GRILL
Any device manufactured, designed, and built for the express purpose of cooking food out of doors. Includes barbecue grills, smoker grills, and hibachis.
OUTDOOR WOOD STOVE
Any stove that uses wood or other similar product for fuel.
PROPANE HEATER
A heating device that burns propane to produce heat.
SOLID FUEL
Any solid material that can be burnt to release energy through the process of combustion, such as wood, paper or charcoal. Solid fuels are more susceptible than non-solid fuels to produce sparks and embers that can cause a fire hazard.
TIKI TORCH
A device that consists of an ignitable wick embedded in liquid oil or similar fuel source.
Open burning of solid fuels within the Borough of Mount Gretna is prohibited, except as permitted in § 76-5. Typical examples of appliances that burn solid fuels include, but are not limited to, the following:
A. 
Chimineas.
B. 
Wood fire pits.
C. 
Outdoor camp stoves.
D. 
Outdoor fireplaces.
E. 
Outdoor wood stoves.
F. 
Any other open pit or ring.
G. 
Burn barrels.
H. 
Burning of trash or other material listed in § 76-7 in any appliance or device.
A. 
Open burning using UL-approved appliances that use propane or natural gas and are installed, positioned, and used according to manufacturers' instructions are permitted. Typical examples of appliances or devices that burn propane or natural gas include, but are not limited to, the following:
(1) 
Propane or natural gas grills for cooking food.
(2) 
Propane or natural gas fire tables or gas fire pits.
(3) 
Propane or natural gas tabletop fire bowls.
(4) 
Propane or natural gas space heaters.
(5) 
Propane or natural gas chimineas.
B. 
Other specific permissible open burning allowances:
(1) 
Candles using waxes or oils as fuel.
(2) 
Oil lamps.
(3) 
Sterno-type devices typically used as food warmers.
(4) 
UL-approved outdoor grills or hibachis using charcoal.
(5) 
Smokers grills for cooking that use a variety of fuel sources.
(6) 
Kerosene heaters that are UL approved.
(7) 
Torches that use liquid fuel, such as tiki torches.
(8) 
Paper or commercial smokeless fire starters may be used to start a fire in a permitted appliance or device.
A. 
Manufacturers' use instructions for any appliance or device must be followed, especially regarding distance from combustible structures.
B. 
The use of outdoor grills inside a structure or building or in a garage, breezeway, balcony, carport, or under a surface that is combustible shall not be permitted.
C. 
Outdoor grills shall be positioned in a minimum of five feet away from siding, combustible deck railings, and adjoining property (unless otherwise specified by the manufacturer) and out from under eaves and overhanging branches.
D. 
The use of burn barrels is prohibited.
E. 
No fires shall be allowed to burn without a responsible adult being present at all times and without a readily available fire-extinguishing apparatus.
The use of any materials to start or maintain a fire other than what is specifically authorized under the definition of "permitted materials," including but not limited to any of the following materials, is strictly prohibited: paints; painted or chemically treated woods; railroad ties; telephone plastics; cardboard boxes, paper or paper products; garbage or any other household or residential wastes; construction waste or demolition/salvage debris; commercial or industrial materials or waste; oil; grease, gasoline, asphalt products, or any other petroleum products; rubber; tires; tar or tar paper; dead animals; animal or human waste; pathogenic waste; insulated wire; toxic or noxious materials, cloth, leaves, green yard waste, brush, tree and shrub clippings, tree limbs, and tree trunks, or other materials that tend to cause excessive or malodorous emissions or excessive smoke.
The following burning fuels are permitted:
A. 
Propane, natural gas, or charcoal may be used if approved for use by the manufacturer of the appliance or device.
B. 
Paper or commercial smokeless fire starters may be used in order to start a fire in a permitted appliance or device.
C. 
Oil or petroleum products specifically required by an approved appliance or device in § 76-5, such as an oil lamp or kerosene heater.
If any provisions of this chapter shall be determined or declared to be void or invalid in law or otherwise, then only that provision shall be stricken from the chapter and in all other respects this chapter shall be valid and continue in full force and effect.
This chapter shall become effective within five days of this enactment.
Any person, firm, or corporation who shall violate any provision of this chapter shall, upon conviction thereof, as a summary offense, be sentenced to pay a fine of not less than $100 nor more than $1,000 per violation, and the cost of prosecution, plus restitution. Each subsequent violation within a thirty-day period, the minimum fine of $100 shall increase by $100 for each additional violation. Each day that a violation of this chapter continues shall constitute a separate offense.