[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 7-7-2009 by Ord. No. 637. Amendments noted where applicable.]
This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Borough of Tamaqua due to
the air pollution and fire hazards of open burning, outdoor burning
and refuse burning.
This chapter applies to all outdoor burning and refuse burning
within the Borough of Tamaqua.
A.
This chapter does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B.
This chapter does not apply to burning in a stove, furnace, fireplace, solid fuel burning appliances, external heating devices or other heating devices within a building used for human or animal habitation unless the material being burned includes refuse as defined in § 116-3, Definitions, of this chapter.
C.
This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this chapter, the following terms shall have the
meanings indicated:
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
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.
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.
The Chief of the Borough of Tamaqua Fire Department or other
person authorized by the Fire Chief.
Open burning or burning in an outdoor wood-fired furnace.
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 from an enclosed chimney.
A chimney, patio warmer, or other portable wood-burning device
used for outdoor recreation and/or heating.
Any waste material except clean wood.
General prohibition on outdoor burning and refuse burning. Open
burning, outdoor burning and refuse burning are prohibited in the
Borough of Tamaqua unless the burning is specifically permitted by
this chapter.
The following materials may not be burned in an open fire, incinerator,
burn barrel, furnace, stove or any other indoor or outdoor incineration
or heating device. The Borough of Tamaqua will not issue a permit
for burning any of the following materials without air pollution control
devices and a written copy of an approval by the Pennsylvania Department
of Environmental Protection.
A.
Rubbish or garbage, including, but not limited to, food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
B.
Waste oil or other oily wastes except used oil burned in a heating
device for energy recovery subject to the restrictions in Pennsylvania
Department of Environmental Protection Code.
C.
Asphalt and products containing asphalt.
D.
Treated or painted wood, including, but not limited to, plywood,
composite wood products or other wood products that are painted, varnished
or treated with preservatives.
E.
Any plastic material, including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, films and
containers.
F.
Rubber, including tires and synthetic rubber-like products.
Open burning of leaves, weeds, brush, stumps, clean wood and
other vegetative debris is allowed only in accordance with the following
provisions:
A.
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions are such as to minimize adverse
effects and not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations.
B.
Except for barbecue, gas and charcoal grills, no open burning shall
be undertaken during periods when either the Fire Chief, or the County
of Schuylkill, or the Commonwealth of Pennsylvania issues a ban applicable
to the area.
C.
Open burning shall be conducted only on the property on which the
materials were generated or at a facility approved by and in accordance
with provisions established by the Pennsylvania Department of Environmental
Protection and the Fire Chief.
D.
Unless explicitly allowed elsewhere in this chapter, a commercial
enterprise other than an agricultural or silvicultural operation may
open burn only at a facility approved by and in accordance with provisions
established by the Pennsylvania Department of Environmental Protection
and the Fire Chief.
E.
Open burning of weeds or brush on agricultural lands is allowed if
conducted in accordance with other applicable provisions of this chapter.
F.
Fires set for forest or wildlife habitat management are allowed with
the approval of the Pennsylvania Department of Environmental Protection.
G.
Outdoor campfires and small bonfires for cooking, ceremonies or recreation
are allowed, provided that the fire is confined by a control device
or structure such as a fire ring or fire pit. Bonfires are allowed
only if approved by and in accordance with provisions established
by the Fire Chief.
H.
Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance
of rights-of-way is allowed if approved by the Fire Chief and if in
accordance with other provisions of this chapter.
I.
Burning in emergency situations such as natural disasters is allowed
if approved by the Pennsylvania Department of Environmental Protection.
J.
Except for campfires, open burning under this section shall only
be conducted at a location at least 50 feet from the nearest building
that is not on the same property.
K.
Except for campfires and permitted bonfires, open burning shall only
be conducted from the hours of dawn to dusk.
L.
Open burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The open burning, bonfires or recreational fires shall
be constantly attended until the fire is extinguished. A minimum of
one portable fire extinguisher with a minimum 4-A rating or other
approved on-site fire-extinguishing equipment, such as dirt, sand,
water barrel, garden hose or water truck, shall be available for immediate
utilization.
M.
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or water body.
N.
Except for barbecue, gas and charcoal grills, no burning shall be
undertaken within 50 feet from any combustible material, combustible
wall or partition, exterior window opening, exit access or exit unless
authorized by the Fire Chief.
A burn barrel may not be used in the Borough of Tamaqua.
A patio wood-burning unit may be installed and used in the Borough
of Tamaqua only in accordance with all of the following provisions.
The patio wood-burning unit:
A.
Shall not be used to burn refuse.
B.
Shall burn only clean wood.
C.
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.
Shall be at least 10 feet from adjoining property land.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Shall be in approved containers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Shall be located on a noncombustible base surface at least four feet
by four feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Outdoor fireplaces constructed and generally intended for recreational
use as defined in this chapter for residences and small commercial
application may be considered as approved for contained burning tinder.
Such fireplaces shall have an essentially contained fire chamber in
which all burning takes place, and a flue or chimney through which
exhaust, gas, smoke and emissions escape. The flue or chimney must
have a spark arrester or screen covering, if said chimney or flue
is of insufficient length or construction as to prevent the emissions
of sparks and ash. A screen covering will be required over any fire
chamber which has an open top surface which may allow spark and ash
emissions. A permit fee as set by resolution of Borough Council is
required.
Notwithstanding § 116-4, General prohibition on open burning, outdoor burning and refuse burning, and § 116-5, Materials that may not be burned, of this chapter, the Borough of Tamaqua Fire Department may burn a standing building if necessary for firefighting practice and if the practice burn complies with the requirements of the Pennsylvania Department of Environmental Protection.
A.
No person shall start or maintain any open burning outdoor fireplace
without obtaining a burning permit at a fee set by the Tamaqua Borough
Council by resolution and issued by the Borough of Tamaqua Fire Chief
or his designated representative.
B.
An outdoor campfire does not require a permit, provided that the
fire complies with all other applicable provisions of this chapter.
C.
Any person responsible for burning leaves, brush, clean wood or other
vegetative debris under § 116–6, Open burning of leaves,
brush, clean wood and other vegetative debris, of this chapter shall
obtain a one-time burning permit before starting the fire. There is
no fee for a one-time burning permit.
D.
When weather conditions warrant, the Fire Chief or the Pennsylvania
Department of Environmental Protection may declare a burning moratorium
on all open burning and temporarily suspend previously issued burning
permits for open burning.
E.
A burning permit issued under this section shall require compliance
with all applicable provisions of this chapter and any additional
special restrictions deemed necessary to protect public health and
safety.
F.
A permit shall be required for an outdoor fireplace. In addition,
the applicant shall submit prior to the issuance of a permit a site
plan, that is required, showing the location of the proposed appliance
on the property, location and height of all existing structures on
the property, and distances from the appliance to existing structures
on the property. The Tamaqua Borough Fire Chief or his designated
representative shall conduct an inspection of the proposed installation
and location. The manufacturer's specifications and instructions shall
also be furnished to the Borough before a permit can be issued.
G.
Any permit issued by the Borough Zoning/Code Enforcement Officer
for the installation and operation of the appliance may be revoked
to protect the public health, safety and welfare of the residents
of the Borough of Tamaqua.
H.
Any violation of the conditions of a burning permit shall be deemed
a violation of this chapter. Any violation of this chapter or the
burning permit shall void the permit.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by the fire.
Any authorized officer, agent, employee or representative of
the Borough of Tamaqua, including the Fire Chief or his designated
representative, may inspect any property for the purpose of ascertaining
compliance with the provisions of this chapter.
A.
The Code Enforcement Officer and the Fire Chief or his designated
representative, or authorized officer, agent, or representative of
the Borough of Tamaqua is authorized to enforce any provisions of
this chapter.
B.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Schuylkill County correctional facility for a period
not exceeding 30 days. Each day that such violation exists shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense. In addition to or in lieu
of enforcement under this section, the Borough may enforce this chapter
in equity in the Court of Common Pleas of Schuylkill County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
