Borough of Clarion, PA Burning, Outdoor

A metal device used in the process of preparing food for human consumption, which has been constructed by cutting in half, from top to bottom, a fifty-gallon or similar-size barrel, which shall be supported by metal legs or other noncombustible stand to a height of at least 36 inches above ground level, and having a protective screen or cooking surface of at least one-half-inch metal mesh.

BOROUGH

The Borough of Clarion.

CEREMONIAL FIRE

Any outdoor fire used in conjunction with an event sanctioned or sponsored by an accredited or recognized military or religious group or educational institution.

CHIMINEA

A freestanding, cylindrical clay or ceramic vessel raised at least six inches above the surface upon which it is placed and used for the burning of materials intended for the production of warmth.

COMMERCIAL REFUSE

Waste generated from the normal occupancy of a structure used for commercial, industrial, institutional or municipal purposes and shall not include any recyclable materials intended to be separated from solid wastes as identified by Pennsylvania Act 101, the Resource Recovery and Recycling Act.[1]

DOMESTIC (HOUSEHOLD) REFUSE

Waste generated by the normal occupancy of a structure used for residential purposes and shall not include any recyclable materials intended to be separated from solid waste as identified by Pennsylvania Act 101, the Resource Recovery and Recycling Act.[2]

FIRE BOWLS, PATIO WARMERS, AND FIRE PITS

A manufactured metal bowl not more than 32 inches in diameter or a manufactured metal pan not more than 36 inches in any dimension intended primarily for the burning of materials for the production of warmth.

FIRE LOG

A dried portion of tree or tree branch, or similar manufactured material, not more than 24 inches in length and not more than eight inches in diameter and intended for use in the production of recreational fires.

MANUFACTURED BARBECUE GRILLS

Those apparatus or devices commonly purchased at department stores, discount stores, hardware stores or other similar retail or wholesale vendors and intended to be used for the preparation of food for human consumption.

OPEN BURNING

The process of consuming by fire, out of doors, any material which produces a flame, ember and/or smoke at any time during the combustion process, the contaminants of which are emitted to the outdoor air.

OUTDOOR FIREPLACES

Traditional residential fireplaces, normally contained within a dwelling, constructed out of doors for the purpose of producing warmth and a relaxing atmosphere, or other aesthetic purposes, and intended to consume only natural gas, propane or fire logs in the combustion process.

PERSON

Includes any individual, group, firm, corporation, association or partnership, or its officers, or any other legal entity.

RECREATIONAL FIRE

An outdoor fire which is used for relaxation, the production of warmth, ceremonial purposes or for the preparation of food for human consumption.

RECREATIONAL FIREPLACES

A cylindrical metal vessel of varying heights and not exceeding 24 inches in diameter, intended primarily for the burning of materials used in the production of warmth.

RECYCLABLES

Items and materials that are identified as part of a municipal, county or state recycling program.

STRUCTURE

Any man-made object or building, whether open or enclosed, having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

TRADITIONAL BARBECUE GRILL

An outdoor structure made of stone, brick or block, having an enclosed flue or vent stack and a fire chamber enclosed on at least three sides and intended for the burning of materials in the preparation of food for human consumption.

YARD WASTE

Leaves, grass clippings, garden residue, shrubbery, freshly cut tree branches or any other form of natural vegetation.

[1]

Editor's Note: See Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq.

[2]

Editor's Note: See Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq.

All words and phrases, except as defined in this article, shall be as to their normal and customary usage, unless the text clearly indicates otherwise.

§ 71-2 Conditions of use.

There shall be no outdoor burning or recreational burning conducted within the Borough of Clarion except as provide in this article. Exclusions:

(1)

A fire set to prevent or abate a fire hazard when approved by the Pennsylvania Department of Environmental Protection's Regional Air Quality Program Office and set by, or under the supervision of, a public officer.

(2)

A fire set for the prevention or control of disease or pests when approved by the Pennsylvania Department of Environmental Protection's Regional Air Quality Program Office.

(3)

A fire set solely for ceremonial purposes.

At no time may any outdoor or recreational fire be ignited or allowed to burn directly upon the ground.

Materials used in the burning process may include only natural gas, propane, charcoal, untreated wood, dried tree branches or logs, or fire logs.

(1)

At no time may burning materials include recyclable materials, rubber, plastic, Styrofoam, leather, vinyl, any petroleum-based materials or products, treated lumber, commercial or domestic refuse, yard waste other than small dried tree branches for kindling, gasoline, kerosene, motor fuels, fuel oils, any materials prohibited by the Pennsylvania Department of Environmental Protection or any other noxious materials.

Only those noncombustible devices specifically constructed or manufactured for the purpose of containing an outdoor or recreational fire, such as, but not limited to, chimineas, fire bowls, patio bowls, recreational fire pits, recreational fireplaces, traditional barbecue grills, manufactured barbecue grills, outdoor fireplaces or barbecue barrels, may be used for outdoor burning or recreational fires.

(1)

All outdoor or recreational fire devices utilizing wood material or fire logs as a combustible material must be protected by a noncombustible screen of 1/2 inch, or less, mesh.

(2)

Manufactured outdoor burning devices must be used and protected in accordance with manufacturers' instructions.

A fire set solely for ceremonial purposes must be approved by Clarion Borough Council as a special event upon the recommendation of the Fire Chief, Chief of Police, and the Zoning Officer.

All outdoor and/or recreational fires must be conducted with consideration for uncontrollable factors such as dry ground conditions and excessive wind, especially during a time when a burn ban is in effect.

Combustible structures and materials, other than those used in the combustion process, shall not be exposed to fire by the use of outdoor and/or recreational fires.

Any outdoor or recreational fire may not produce any noxious emissions or odors.

§ 71-3 Administration and enforcement.

This article shall be administered and enforced by any member of the Clarion Borough Police Department, the Clarion Borough Zoning and/or Code Enforcement Officer or any person designated by the Clarion Borough Manager.

§ 71-4 Violations and penalties.

Any person who violates any of the provisions of this article shall be guilty of a summary offense and shall be subject to a fine, upon conviction by a Magisterial District Judge, of a minimum of $50 and a maximum of $500 or, upon failure to pay the required fine, confinement in the Clarion County Jail for a period of time not less than three days nor more than 30 days.

Article II Fuel-Burning Appliances

[Adopted 6-2-2009 by Ord. No. 2009-764]

§ 71-5 Specific terms; definitions.

As used in this article, the following terms shall have the meanings indicated:

BOROUGH

The Borough of Clarion.

COMMERCIAL STRUCTURE

Any building or structure, or any accessory building or structure, used primarily for commercial, industrial, institutional, religious or municipal purposes.

OUTDOOR FUEL-BURNING APPLIANCES AND DEVICES

Any device, building or structure, including any furnace, stove, boiler or any similar device, designed or constructed to burn oil, wood, coal or any other combustible materials, erected out of doors or within an accessory structure or building and intended for the purpose of heating a commercial or residential structure or for the purpose of the heating of water for use in any commercial or residential structure.

PERSON

Any individual, group, firm, corporation, association, partnership, or its officers, or any other legal entity.

RESIDENTIAL STRUCTURE

Any building or structure used for human habitation as a single-family, two-family or multifamily dwelling and any building or structure accessory to these uses.

All words and phrases, except as defined in this article, shall be as to their normal and customary usage, unless the text clearly indicates otherwise.

§ 71-6 Prohibition.

Immediately upon the adoption of this article, the erection and/or use of any outdoor fuel-burning appliance or device, except as provided in this article, shall be expressly prohibited within the Borough of Clarion.

§ 71-7 Preexisting devices.

This article shall not be construed to be retroactive and shall not require the immediate removal of any outdoor fuel-burning appliance or device currently in use within the Borough of Clarion, however:

Any preexisting outdoor fuel-burning appliance or device must be equipped with a flue or chimney which has a minimum height of 35 feet above the natural ground level upon which the device is erected;

Any preexisting outdoor fuel-burning appliance or device must maintain a minimum clearance of 25 feet from any adjacent commercial or residential structure; and

Any preexisting outdoor fuel-burning appliance or device shall be prohibited from operation from May 1 through September 31 of any calendar year.

§ 71-8 Reconstruction.

Should any outdoor fuel-burning appliance or device be dismantled, demolished, physically deteriorated or decayed by more than 50% or such device shall be declared to be hazardous or unsafe, then any rebuilding or restoration of such device shall be prohibited, and such device shall be considered to be in violation of the provisions of this article.

§ 71-9 Administration and enforcement.

This article shall be administered and enforced by the Clarion Borough Zoning and/or Code Enforcement Officer or by any other person or entity designated by the Clarion Borough Manager.

§ 71-10 Violations and penalties.

Any person who violates any of the provisions of this article shall be guilty of a summary offense and shall be subject to a fine, upon conviction by a Magisterial District Judge, of not less than $300 nor more than $1,000 or, upon failure to pay the required fine, to confinement in the Clarion County Jail for a period of time not less than 90 days. Each day's continuance of a violation shall be considered a separate and enforceable offense.