[Ord. 448, 6/1/2010, Art. 1]
From and after the effective date of this Part, no person, corporation,
partnership, association, organization or other group whatsoever (hereinafter
collectively referred to as "property owner" or "person" as applies)
shall burn any materials of any kind in the Township, except as authorized
by this Part or as authorized pursuant to a valid permit issued by
Allegheny County pursuant to County ordinances and regulations.
[Ord. 448, 6/1/2010, Art. 2]
1. Small open fire-as used in this Part, the term "small open fire"
or "open fire" shall mean the use of a grill, outdoor barbeque, fireplace
or similar device to cook food with charcoal, natural gas, or wood;
or any other fire from which the properties of combustion are emitted
directly into the air without first passing through a structural stack
or chimney, and being of such maximum size and using only such materials
as authorized hereunder, and otherwise complying with this Part, and
conducted in such location, conditions, and in a manner which contributes
only a negligible amount of air contaminants.
2. Subject to rules, regulations, and limitations contained in this
Part, an adult property owner may authorize and allow on his or her
property small open fires solely for the following purposes:
A. Warmth of outdoor workers (only at temperatures below 40° F.).
B. Noncommercial preparation of food for human consumption, light, ornament,
or recreation.
[Ord. 448, 6/1/2010, Art. 3]
1. Permitted Receptacles/Containers.
A. For Warmth of Outdoor Work Crews. Small open fires for outdoor work
crews (allowed only at temperatures below 40° F.) may be conducted
in non-combustible containers no larger than a 55-gallon drum, with
all combustible material and the flame itself at all times to be completely
contained within the container and with only one open fire per work
crew.
B. Other Authorized Open Fires. All other small open fires authorized
under this Part must be contained within one of the following authorized
containments: in a grill, barbeque, fireplace, chiminea, stone perimeter,
non-combustible fire ring, drum, or other similar non-combustible
receptacle, container or device, or in a fire pit. Fire pits shall
be no larger than three feet in diameter and no less than 18 inches
deep (as measured from the base of the pit to the top of pit or to
the top of any surrounding perimeter stones or other non-combustible
containment device or mechanism).
2. Permitted Locations.
A. Grills, outdoor barbeques or fireplaces designed for and used strictly
for cooking only shall be no less than five feet from a house, structure,
inhabited area, roadway, utility or property line.
B. Other open fires shall be maintained in an authorized containment
located not less than 15 feet from the nearest house, structure, inhabited
area, roadway, property line, utility, tree, or other combustible
materials. (Nothing herein shall prohibit the use of a patio chiminea,
patio heater, or other manufactured above ground patio fire pit, patio
fire table, or similar containment device on a deck or patio where
the device is designed and recommended for such use by the manufacturer.)
3. Permitted Materials. All open fires authorized by this Part shall
be conducted using only charcoal, natural gas, or other clean burning
fuel; dry, clean, logs, twigs, or other untreated wood products. Only
smokeless fuels, or small kindling, if any, may be used to start a
fire. No painted or chemically treated woods, plastics, cardboard
boxes, paper, household wastes, toxic or noxious materials, cloth,
leaves, green yard waste or other materials that tend to cause excessive
or malodorous emissions or excessive smoke may be used to start or
maintain a fire.
4. Maximum Size. In all cases, the fire shall be of such size that the
combustible material and flame are contained completely within the
perimeter of the authorized containment receptacle, and in no case
may the combustible material and flame be greater than nine square
feet in area or in excess of two feet in height above the receptacle.
5. No Excessive Smoke, Odors or Malodorous Emissions. No persons shall
allow or maintain a fire which creates excessive smoke, excessive
odor, or malodorous emissions. Smoke and odors shall be considered
excessive if they contribute more than a negligible amount of air
contaminants perceptible beyond the property line of the source of
the fire.
6. Adult Supervision, Control, Extinguishment. Only an adult property
owner or other adult authorized by the property owner shall authorize
or conduct a small open fire. The adult property owner or other adult
authorized by the property owner to conduct such a fire shall at all
times be present at and shall tend to the fire from the time it is
lit through the time of total extinguishment. Adequate means to control
and extinguish the open fire shall be readily available at all times
during any burning. Suitable covering or means of disposal of ashes
shall be provided to prevent them from becoming air-borne. The adult
property owner or other authorized person supervising the fire shall
be responsible to assure that all aspects of the fire comply with
this Part and shall assure that the fire is completely extinguished
before that person leaves the site. Immediately upon the discovery
of any unauthorized or noncompliant fire or burning, the property
owner or other person responsible for the property on which such burning
occurs shall immediately extinguish, or cause the extinguishment of,
such burning. Proof that the defendant in any enforcement action owns
or controls the property on which open burning occurs shall be prima
facie evidence that such person has conducted, or allowed to be conducted,
such open burning.
[Ord. 448, 6/1/2010, Art. 4]
1. A police officer or other duly authorized law enforcement officer
of the Township of Baldwin may, upon investigation, order that any
fire be immediately extinguished, abated, diminished, or corrected
(in his or her sole discretion) if, in the officer's sole judgment,
the fire:
A. Is emitting excessive smoke, excessive odor, or malodorous emissions.
B. Contains prohibited materials or is using a prohibited or inadequate
containment device or mechanism.
C. Is in a prohibited location or of a prohibited size.
D. Is emitting sparks or hot ashes that may pose a threat to nearby
structures, trees, other combustible materials, or to the safety of
persons or property.
E. Where its size, materials, containment, location, emissions, proximity
to structures, trees, other combustible materials, conduct of participants,
weather conditions (including, but not limited to, wind, drought,
dry or other conditions) or air quality, or other circumstances, are
such that continuation of the fire poses a risk of harm to persons
or property.
[Ord. 448, 6/1/2010, Art. 5]
1. No person, firm or corporation shall permit, authorize, conduct,
or participate in the burning of any open fire except in compliance
with this Part.
2. No person, firm or corporation shall refuse to comply immediately
and fully with any order of a Baldwin Township Police Officer or other
duly authorized law enforcement officer to contain, control, correct,
or extinguish, any fire or burning.
[Ord. 448, 6/1/2010, Art. 6]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than the greater of $1,000 or the maximum amount
per offense permitted under law, plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each violation of any provision of this Part shall constitute
a separate offense. In addition, in any civil enforcement action brought
by the Township to collect unpaid fines or penalties imposed pursuant
to this Part, the Township shall also be entitled to collect all costs,
expenses, and attorneys fees associated with such action.