[HISTORY: Adopted by the Borough Council of the Borough of Souderton 6-6-2016 by Ord. No. 724. Amendments noted where applicable.]
Uniform construction codes — See Ch. 270.
It shall be unlawful for any person, firm, or corporation to cause, suffer or permit the burning of any materials on public or private property within the Borough of Souderton, unless a permit therefor shall have been issued by the Fire Marshal of the Borough of Souderton.
The provisions of § 245-1 hereof shall not apply to the following:
To any fire wholly contained within the confines of any building.
To any fire set to prevent or abate a fire hazard under the supervision of the Fire Marshal.
To any fire set for the purpose of instructing or training firefighting personnel under the supervision of the Fire Marshal.
To any fire set as part of a special event sponsored by the school district, scout troop or other social, civic, or church organization when permitted by the Fire Marshal with supervision of the Fire Department and/or Fire Marshal.
Fires in a commercially constructed grilling appliance and/or food smoking appliance fueled by clean wood, charcoal, commercially available wood briquettes, propane or natural gas for the purpose of grilling or cooking food.
Recreational fires on private property contained within a noncombustible fireplace, chiminea, metal fire ring, or similar noncombustible container or within a structure constructed of stone, brick or other noncombustible material, with a screen to control the emission of embers, fueled by the burning of clean wood and further subject to the conditions and limitations of § 245-3 of this chapter.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- CLEAN WOOD
- Natural wood logs that are appropriately cut to size, split, and are sufficiently seasoned and dry so as not to cause excessive smoke. "Clean wood" shall not include any painted, varnished or coated wood material, any pressure-treated wood material or wood material used in building construction, plywood or other composite wood products.
- RED FLAG WARNING
- A forecast warning issued by the United States National Weather Service to warn the public that critical weather and fuel moisture conditions exist that could lead to rapid increases in wild fire activity.
- RESPONSIBLE ADULT
- An individual 18 years of age or older who is not under the influence of drugs or alcohol or suffering from any physical or mental impairment which could impair such person's ability to safely and properly supervise a fire.
Recreation fires upon private property shall be fueled with clean wood and maintained in an appropriate manner so not to emit visibly excessive smoke that will create a nuisance to the surrounding neighbors. Recreational fires shall be subject to the following additional conditions and limitations:
Recreational fires shall not be located within the front yard or within the side yard of any dwelling. Recreational fires can only be located within the established rear yard.
Recreational fires may not be located closer than a distance of 20 feet from all property lines.
Recreational fires may not be closer than 16 feet from any building, structure or any combustible material.
Recreational fires must be contained, screen enclosed, and cannot be larger than three feet across.
Recreational fires must be attended by a responsible adult at all times.
A water hose, fire extinguisher or other means of extinguishing the fire must be readily available.
Recreational fires must be maintained so as not to emit smoke or odors creating a nuisance to neighboring properties.
Recreational fires are prohibited at any time the Borough of Souderton is under a red flag warning.
Should a person be found in noncompliance or upon a complaint filed by a neighboring property owner, the Souderton Police Department, Souderton Borough Fire Marshal or an officer of the Fire Department may immediately extinguish any fire found to be in violation of the provision of this chapter.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000 per violation, plus court costs, or may be sentenced to imprisonment for a period not to exceed 30 days. If the enforcement officer shall give written notice of any violation to any person, each day that said violation continues shall be deemed a separate offense, punishable by like fines.