Borough of Emmaus, PA OUTDOOR FIRES

An approved outdoor fireplace, with an Underwriters' Laboratories (UL) listing, constructed of steel, concrete, stone, metal or other noncombustible material that is fueled with the recommended combustible substance such as wood, charcoal, propane or natural gas. An outdoor fireplace shall be constructed to meet the International Residential Code with a properly secured permit.

PORTABLE OUTDOOR FIREPLACE

A portable, outdoor, solid-fuel- or gas-burning fireplace with an Underwriters' Laboratories (UL) listing, or with another nationally recognized testing organization's listing, that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening at the top. A portable outdoor fireplace shall be constructed to meet the International Residential Code with a properly secured permit.

RECREATIONAL FIRE

An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an outdoor fireplace, portable outdoor fireplace, or cooking appliance for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.

Definitions not listed here shall be taken from the International Fire Code, 2009 edition. If not listed there, the definition shall be taken from the Merriam Webster's Collegiate Dictionary, 11th Edition.

§ 7-102 Outdoor Fires and Cooking Prohibited.

[Ord. 1141, 9/19/2016]

No person or persons shall cook outside, or set or maintain any fire upon any of the streets, sidewalks, alleys, or public grounds in the Borough of Emmaus, or burn or cause to be burned thereon any paper, boxes, rubbish, leaves or other material or substance of any kind; nor shall any person or persons set or maintain any fire, or burn or cause to be burned any substance or material of any kind, out of doors, anywhere within the Borough of Emmaus.

§ 7-103 Exceptions.

[Ord. 1141, 9/19/2016]

Approved outdoor cooking grills used solely for cooking, used with the manufacturer's recommended fuel and operating instructions, and located at least five feet from combustible construction and building openings and/or according to the manufacturer's instructions and its listings. Grade-level decks associated with detached single-family dwellings shall not be considered combustible construction. In any circumstance, cooking shall not be permitted on decks or porches of multiple-occupancy dwellings.

Listed electric-powered cooking appliances used in accordance with the manufacturer's instructions.

Portable outdoor fireplaces shall be permitted when used in accordance with the manufacturer's instructions and shall not be operated within 10 feet of a lot line. Only seasoned, untreated wood may be used for fuel. However, portable outdoor fireplaces shall be no less than 15 feet from any structure or combustible material, including but not limited to houses, sheds, outbuildings, and garages. Portable outdoor gas-fired fireplaces shall be operated in accordance with the manufacturer's instructions and listing.

Permanent outdoor fireplaces shall only be installed after a permit has been issued by the Building Code Official. Existing outdoor fireplaces may continue if covered by an approved burn screen as required by Subsection 5 and if operated in a manner not endangering adjacent property as determined by the Fire Inspector or Fire Chief. Newly established permanent outdoor fireplaces shall meet the requirements of Subsection 3 above. An existing permanent outdoor fireplace shall be permitted only per the following requirements:

It meets manufacturer's instructions and its listing; or

The requirements of the Borough permit that was originally obtained to construct the fireplace are satisfied.

Portable outdoor fireplaces and outdoor fireplaces shall only be used when fitted with an approved metal burn screen. The screen shall cover all openings designed for the exhausting of fire gases. The burn screen shall have openings no larger than 1/2 inch in any direction and be maintained in good condition so as to prevent the issuance of larger burn particles. Gas-fired outdoor fireplaces shall not require a burn screen unless the appliance is required to have one by its listing.

Other exceptions may be made by the Borough Council or the Borough Manager upon approval by the Fire Inspector or Fire Chief, and the issuance of a permit when Council considers the situation falls within the intent of this Part and will not create a nuisance or fire hazard. Permits shall be issued at a fee to be established by resolution of Council. The Fire Inspector, Fire Chief, or his authorized designee may issue a citation for any violation. The Borough Fire Department must stand by during any special burning, and persons requesting a permit shall also be responsible for any expenses incurred by the Fire Department in excess of the fee set forth hereinabove.

§ 7-104 Attendance.

[Ord. 1141, 9/19/2016]

Burning in compliance with this Part shall be attended at all times by an individual 14 years of age or older until such time as the fire is extinguished. Unattended burning shall be in direct violation of this Part, and all persons or corporations shall be prosecuted under the guidelines of this Part. The attendant shall have on hand an approved means of extinguishment, such as a garden hose, bucket of water, sand, dirt, or a rated fire extinguisher.

§ 7-105 Applicability.

[Ord. 1141, 9/19/2016]

The provisions of this Part shall not apply to the firemen's training area located in the Borough of Emmaus; nor shall this Part apply to official business of the Borough Highway Department.

§ 7-106 Penalties.

[Ord. 1141, 9/19/2016]

Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for term not to exceed 90 days.