This article is intended to promote the public health, safety
and welfare and to safeguard the health, safety and welfare of the
citizens of the Borough of Brookville, Pennsylvania by regulating
the air pollution and fire hazards of open burning and outdoor burning.
Should any portion of this article be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected.
As used in this article, the following terms shall have the
meanings indicated:
CAMPFIRE
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste, wood or refuse.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
CONSTRUCTION AND DEMOLITION WASTE
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
FIRE CHIEF
The Chief of the Brookville Volunteer Fire Company or other
person designated by the Fire Chief.
MUNICIPALITY
The Borough of Brookville, Jefferson County, Pennsylvania.
NUISANCE
The burning of any material of any kind exuding smoke which
may endanger the public, or safety or health of the public, or to
disturb the comfort or repose of any person residing in the vicinity
of the open burning, or which causes excessive or noxious odors, or
when such open burning emits sparks, embers, or smoke upon adjacent
or nearby premises.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
OUTDOOR BURNING
Open burning or burning in an outdoor wood-fired boiler or
patio wood burning unit.
OUTDOOR WOOD-FIRED BOILER
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT
A chimney, patio warmer, or other portable wood-burning device
used for outdoor recreation and/or heating.
REFUSE
Any waste material, garbage, animal carcasses, and trash
or household materials except trees, logs, brush, stumps, leaves,
and other vegetative matter.
SMOLDER
A fire that is burning without a flame and with smoke.
Except as provided in this article, open burning and outdoor
burning are prohibited in the Borough of Brookville.
Outdoor wood-fired boilers shall be regulated as set forth in Chapter
84 of the Code of the Borough of Brookville, §§
84-5 through
84-11 (Ordinance No. 1051, adopted March 20, 2007).
A patio wood-burning unit may be installed and used in the Borough
of Brookville only in accordance with all of the following provisions:
A. The patio wood-burning unit shall not be used to burn refuse, garbage,
debris, leaf and grass clippings, construction and demolition waste.
B. The patio wood-burning unit shall burn only clean wood.
C. The patio wood-burning unit shall be located at least 25 feet from
the nearest structure which is not on the same property as the patio
wood-burning unit.
D. The patio wood-burning unit shall not cause a nuisance to neighbors.
Upon probable cause of a possible violation of this article,
the Fire Chief or any authorized officer, agent, employee or representative
of the Borough of Brookville who presents credentials may inspect
any property for the purpose of ascertaining compliance with the provisions
of this article.