[Ord. 418, 1/29/2014]
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 may
be authorized pursuant to a valid permit issued by Allegheny County
pursuant to county ordinances and regulations, or "small open fires"
as defined and authorized by this Part.
[Ord. 418, 1/29/2014]
1.
"Small Open Fire" Defined. As used in this Part, the term "open fire"
shall mean any fire from which the properties of combustion are emitted
from a fire source directly into the air without first passing through
a structural stack or chimney. A "small open fire" shall mean an "open
fire" which must be conducted in such location, of such maximum size,
and using only such materials as authorized hereunder, contained within
a complaint fire pit, fire ring, or other such device, and which otherwise
complies with this Part and is conducted in a manner which contributes
a negligible amount of air contaminants. (The use of a charcoal or
gas grill manufactured for residential use is not subject to the regulations
set forth in this Part.)
2.
Subject to rules, regulations, and limitations contained in this
Part, an adult property owner may authorize and allow on his or her
property a small open fire solely for the following purposes:
[Ord. 418, 1/29/2014]
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
combustible material 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 a complaint a fire pit, stone
perimeter, non-combustible fire ring, drum, or other similar non-combustible
receptacle, container or device. Fire pits and other perimeter containment
devices and methods shall be no larger than four 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 devise or mechanism).
2.
Permitted Locations. Small open fires shall be maintained in an authorized
containment located not less than 10 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 table, or similar containment devise on a deck or
patio where the devise 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 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 16 square feet
in area or in excess of three 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 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. 418, 1/29/2014]
1.
A police officer, code official, fire marshal, or other duly authorized
law enforcement officer of the Township of North Fayette 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 devise 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, weather
conditions (including, but not limited to, wind, drought, dry or other
conditions), proximity to structures, trees, other combustible materials,
conduct of participants, or other circumstances, are such that continuation
of the fire poses a risk of harm to persons or property.
[Ord. 418, 1/29/2014]
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 North Fayette Township police officer
or other duly authorized law enforcement officer to contain, control,
correct, or extinguish, any fire or burning.
[Ord. 418, 1/29/2014]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
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.
