This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, safety and welfare of the
citizens of the Township of Shaler, Pennsylvania, by regulating the
air pollution and fire hazards of outdoor open burning.
It shall be unlawful for a person, firm or corporation to burn
or cause to be burned any papers, leaves, wood or other combustible
materials upon any lot, yard, sidewalk, street or alley in any portion
of the Township of Shaler designated as a residential, commercial
or industrial district except in accordance with this chapter.
Open burning in the Township shall be permitted without a permit,
if and only if:
A. For recreational fires, ceremonial fires, camping and cookouts:
(1) Only dry clean wood products or other clean-burning fuels are burned;
(2) Only smokeless fuels, if any, are used to start the fire;
(3) The pile of material being burned is no larger than nine square feet
by two feet high;
(4) The fire is at least 15 feet from the nearest structure, inhabited
area, roadway, property line or utility; and
(5) The fire is attended at all times and completely extinguished when
not attended.
B. For warmth of work crews and if:
(1) The burning is conducted in a noncombustible container no larger
than a fifty-five-gallon drum;
(2) The material being burned is clean dry wood and is completely contained
by the container;
(3) Only one container is used for each work crew; and
(4) The outside temperature is less than 40° F.
C. Within a contained patio wood-burning unit and if:
(1) The contained patio wood-burning unit is located at least 25 feet
from the nearest structure which is not on the same property as the
patio wood-burning unit; and
(2) Only dry, clean wood products or other clean-burning fuels are burned.
All open burning shall be constantly attended and supervised
by a competent person until the fire is extinguished and is cold.
The supervising person shall:
A. Be a competent person of at least 18 years of age;
B. Have fire-extinguishing equipment readily available for use as may
be necessary for the total control of the fire;
C. Be in supervision of only one fire at any given time; and
D. Be free from the effects of alcohol and/or illegally used controlled
substances and/or over-the-counter medicines and/or prescribed medications
that may impair proper judgment.
Any person utilizing or maintaining an outdoor fire shall be
responsible for any and all fire-suppression costs and any other liability
resulting from damage caused by the fire.
Upon probable cause of a possible violation of this chapter,
the Township Code Enforcement Officer, Fire Marshal or any other law
enforcement officer of the Township of Shaler may inspect any property
for the purpose of ascertaining compliance with the provisions of
this chapter.
This chapter shall not be construed to prevent the burning of other combustible materials, such as brush, tree limbs and demolition materials, in open fires under permit from the Bureau of Air Pollution Control of the Allegheny County Health Department, as provided for in the Allegheny County Health Department Rules and Regulations, Article
XIII, Section 1309.4(b)3 and/or Article
XXI, Section 2105.50, as amended, or to permit a violation of any Allegheny County Health Department Rules and Regulations.
Any person, firm, partnership, corporation or group of individuals
violating any of the provisions of this chapter shall, upon conviction
thereof before any Magisterial District Judge, be sentenced to pay
a fine of not more $1,000 and may be sentenced to a period of incarceration
not exceeding 90 days, or both. Each incident in violation of this
chapter shall be considered a separate offense and may be punishable
as such.