[Ord. No. 451, 9/21/2005; Ord. No. 547, 12/7/2022]
Interpretation of words and phrases when used in this Part shall, for the purpose of this Part, have meanings as indicated below except in those instances where the context clearly indicates a different meaning:
AGED WOOD
Natural firewood that has been sized and aged for burning in a fireplace.
COMPRESSED LOG
Commercial wood products that have been designed for use in fireplaces.
FIRE CONTAINMENT DEVICE
Portable devices intended to contain and control outdoor fires, including chimineas and fire dishes with covers, fire tables, constructed of noncombustible materials such as metal or ceramic material. A fire containment device does not include charcoal or gas powered grills that are intended to be used for cooking purposes.
FIRE PIT
An aboveground or below-ground structure built into the ground or constructed of stones, masonry, brick or other noncombustible material for the purpose of containing and controlling a wood or charcoal fire.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
OPEN-FLAME COOKING DEVICE
A manufactured cooking device, such as a barbecue grill, outside fireplace, or other outdoor appliance, solely intended for the cooking of food.
[Ord. No. 451, 9/21/2005]
1. 
Except as specifically authorized under this Part or permitted by the Borough Fire Marshal, in writing, no person shall cause, allow, permit or maintain an outdoor bonfire or open burning on a public or private street or right of way or on public or private property.
2. 
All burning or open burning of the following is specifically prohibited:
A. 
Garbage.
B. 
Household, business, or industrial trash or similar waste products of every kind or nature.
C. 
Loose leaves or yard trimmings (brush, grass and similar organic matter) on a street or on public or private property, whether in connection with any building operation, in an open dump or otherwise, except as otherwise permitted by this Part.
D. 
Burning or open burning that results in unreasonable quantities of dense smoke, noxious fumes, gas, soot, or cinders.
E. 
Open burning that violates the provisions of the International Fire Code (IFC), as adopted by Hatfield Borough.
F. 
Burning of material, which is required to be recycled under Pennsylvania law.
[Ord. No. 451, 9/21/2005; Ord. No. 491, 9/22/2010, § 13; Ord. No. 547, 12/7/2022]
1. 
The following instances are exception to the prohibition of open burning:
A. 
The outdoor cooking of food shall be permitted in or on an Underwriters Laboratories (UL) approved open-flame cooking device, solely intended for the cooking of food, and in strict adherence with the manufacturer's use guidelines. Permitted open-flame cooking devices are limited to those specifically designed for cooking with the burning of charcoal, liquid petroleum (LP) gas, propane gas, or wood. Upon the completion of cooking, the flame must be extinguished.
B. 
Recreational. Burning shall be permitted for recreational and ceremonial purposes (i.e., bonfire and camp fires) if such burning is conducted in a safe manner in a place where open fires are otherwise permitted and such burning is under the direct supervision of an adult until such burning is completely extinguished. A permit shall not be required for open burning under this chapter.
C. 
Outdoor burning of aged logs and/or compressed logs in a freestanding fire containment device shall be permitted pursuant to the manufacturer's instructions and only under the following conditions:
(1) 
Fire containment devices shall employ screens and a lid to completely enclose the fire and burning logs contained therein, or a chimney. Fire containment devices shall not exceed three feet in diameter, nor may the fire pile exceed two feet.
(2) 
Only aged logs or commercially produced "compressed logs" shall be burned. Burning of lumber, pallets, scrap wood, leaves, yard waste, paper cardboard, garbage and other similar items, including items as set out under § 7-102, Subsection 2, is prohibited.
(3) 
The fire containment device, or fire pit, shall be located not less than 15 feet from the nearest portion of any structure, tree (including canopy), wiring, vehicle or building, nor within 15 feet of any property line.
(4) 
No fire containment device, or fire pit, shall be permitted to emit offensive or objectionable smoke or odors or when other circumstances make usage of said fire containment device hazardous including, but not limited to injury or damage to persons or property.
(5) 
The fire containment device shall be used strictly in adherence with all manufacturer's guidelines and specifications issued with respect to the make and model of said fire containment device.
(6) 
Once a fire has been started in a fire containment device, the lid and side screens shall be secured and shall not be removed until the fire is out or extinguished, and no object shall be permitted to protrude outside the lid and screens while a fire is burning within the fire containment device, provided that recreational fires utilized to cook food shall be exempt from said requirement during that period when food is being cooked over the flame.
(7) 
For the purposes of this section, an approved fire containment device includes those commercially manufactured devices specifically designed, intended and advertised for the purpose of entertainment.
(8) 
A fire containment device, or fire pit, shall be attended and supervised at all times by a person 18 years of age or older when in use until the fire is out or extinguished.
(9) 
A water source or other provisions for extinguishing the fire shall be immediately accessible at all time when there is a fire in the fire containment device.
(10) 
Hours of operation. A person shall not use a fire containment device between the hours of 1:00 a.m. and 9:00 a.m.
(11) 
Nothing in this chapter shall preempt the applicability of "no burn" periods issued by appropriate state authorities.
[Ord. No. 451, 9/21/2005]
1. 
The Fire Marshal or his duly authorized representatives shall have authority to grant a variance from the provisions of this Part for reasons including, but not limited to, the following:
A. 
To prevent or abate a fire hazard.
B. 
For the purpose of instructing personnel in firefighting.
C. 
For the prevention and control of disease and pests.
D. 
For fires set solely for ceremonial purposes.
[Ord. No. 451, 9/21/2005; as amended by Ord. No. 501, 8/15/2012]
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.
[Ord. No. 451, 9/21/2005]
Nothing herein is intended to abrogate state law or statewide applicable regulations dealing with open burning. To the extent that any provision of this Part is found to be in violation of any state law or regulation which is controlling, that provision is severed and the remainder of this Part shall continue in full force and effect.