The purpose of this Part is to establish guidelines for recreational
fires within the Township, thereby furthering the prevention and control
of fires and fire hazards.
The Township Code Enforcement Officer, Fire Marshal, or such
other persons designated from time to time by the Board of Commissioners,
including the provider of police services for the Township, any of
whom are authorized to enforce this Part and are designated as the
Enforcement Officer for this Part.
Any individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
The Ross Township Volunteer Fire Company, or its successor,
or any other fire company authorized, or designated by the Township
Board of Commissioners, to fight fires within the Township.
Burning of construction debris, plastics, by-products of manufacturing
and processing operations, tires, waste from commercial operations
and any other substances which are likely to emit noxious odors or
dense smoke is strictly prohibited.
No fire shall be allowed to burn unattended without a responsible
adult being present at all times and without readily available fire
extinguishing apparatus or equipment.
No fire shall be allowed to burn within 50 feet of any building,
property line, or street right-of-way line, except that cooking fires
as defined herein may be less than 50 feet from a building, provided
that reasonable safeguards are maintained.
No person shall set, start, feed, permit to burn or maintain any
fire upon any of the streets, sidewalks, alleys or public grounds
of the Township, except where a designated area has been set aside
or reserved for this purpose and an appropriate container has been
provided to contain such fire.
Any fires restricted by §§ 7-502 and 7-503 of this Part or whenever a burning ban is placed into effect by the Commonwealth of Pennsylvania, and/or Allegheny County and/or Ross Township. No burning ban imposed under this Part shall prohibit cooking fires, as defined in § 7-502 of this Part.
Notwithstanding the provisions of § 7-504, it shall be a violation of this Part for any person to allow any fire to burn under adverse weather conditions or unsupervised, or otherwise in an unsafe manner.
Notwithstanding any of the provisions of § 7-504 of this Part, no fire of any kind shall be permitted which results in smoke, fire, ash, cinders, or partly burned materials being carried onto or deposited on adjoining properties or at buildings on adjoining properties.
Fires set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection or its designee,
and tended and controlled by authorized personnel.
In the event it is necessary or desirable to have an uncontained
fire of a size and/or at times other than permitted under this Part,
such as a large uncontained recreational fire such as a bonfire, an
operational fire permit shall be obtained in advance from the Ross
Township Building Code Official with approval from the Ross Township
Fire Marshal or his designee.
Any fire set in violation of this Part may be extinguished by the Township-designated fire company, either at the request of the fire chief of such company, Fire Marshal, or the Township Enforcement Officer, as defined in § 7-502. The Township Board of Commissioners expressly authorizes the Fire Marshal, fire chief and the Township Enforcement Officer to make such decisions, and authorizes the extinguishment of fires on the basis of that authority.
In the event that any fire company is required to respond to a fire
which violates the provisions of this Part, a service fee which reflects
the reasonable costs incurred in fighting the fire may be levied by
the responding fire company against any and all violators. Such fee
is expressly authorized by this Part.
Any person as defined in this Part who, upon the issuance of a summary
citation or the commencement of a summary proceeding by the Township
Enforcement Officer, shall be found to have violated any of the provisions
of this Part in a summary proceeding before a magisterial district
judge, shall be subject to a fine not to exceed $1,000, together with
costs, for each violation, and/or imprisonment to the extent permitted
by law for the punishment of summary offenses. Each day of violation
and each separate fire violating this Part shall constitute a separate
violation.
Neither Ross Township nor its agents, officials and representatives,
including the Township-designated fire company, shall be under any
circumstances liable or responsible for damages caused to any person
or property by reason of the provisions of this Part or by reason
of the conduct of any burning activity in compliance with the terms
and provisions of this Part, or as a result of extinguishing or fighting
any fire, whether such fire was started in violation of, or in compliance
with, this Part. The person responsible for any such fire shall bear
sole liability for any damages caused as a result thereof.