[HISTORY: Adopted by the Borough Council of the Borough of
Souderton 6-6-2016 by Ord. No.
724. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 270.
It shall be unlawful for any person, firm, or corporation to
cause, suffer or permit the burning of any materials on public or
private property within the Borough of Souderton, unless a permit
therefor shall have been issued by the Fire Marshal of the Borough
of Souderton.
The provisions of § 245-1 hereof shall not apply to the following:
A.
To any fire wholly contained within the confines of any building.
B.
To any fire set to prevent or abate a fire hazard under the supervision
of the Fire Marshal.
C.
To any fire set for the purpose of instructing or training firefighting
personnel under the supervision of the Fire Marshal.
D.
To any fire set as part of a special event sponsored by the school
district, scout troop or other social, civic, or church organization
when permitted by the Fire Marshal with supervision of the Fire Department
and/or Fire Marshal.
E.
Fires in a commercially constructed grilling appliance and/or food
smoking appliance fueled by clean wood, charcoal, commercially available
wood briquettes, propane or natural gas for the purpose of grilling
or cooking food.
F.
Recreational fires on private property contained within a noncombustible fireplace, chiminea, metal fire ring, or similar noncombustible container or within a structure constructed of stone, brick or other noncombustible material, with a screen to control the emission of embers, fueled by the burning of clean wood and further subject to the conditions and limitations of § 245-3 of this chapter.
A.
CLEAN WOOD
RED FLAG WARNING
RESPONSIBLE ADULT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Natural wood logs that are appropriately cut to size, split,
and are sufficiently seasoned and dry so as not to cause excessive
smoke. "Clean wood" shall not include any painted, varnished or coated
wood material, any pressure-treated wood material or wood material
used in building construction, plywood or other composite wood products.
A forecast warning issued by the United States National Weather
Service to warn the public that critical weather and fuel moisture
conditions exist that could lead to rapid increases in wild fire activity.
An individual 18 years of age or older who is not under the
influence of drugs or alcohol or suffering from any physical or mental
impairment which could impair such person's ability to safely
and properly supervise a fire.
B.
Recreation fires upon private property shall be fueled with clean
wood and maintained in an appropriate manner so not to emit visibly
excessive smoke that will create a nuisance to the surrounding neighbors.
Recreational fires shall be subject to the following additional conditions
and limitations:
(1)
Recreational fires shall not be located within the front yard or
within the side yard of any dwelling. Recreational fires can only
be located within the established rear yard.
(2)
Recreational fires may not be located closer than a distance of 20
feet from all property lines.
(3)
Recreational fires may not be closer than 16 feet from any building,
structure or any combustible material.
(4)
Recreational fires must be contained, screen enclosed, and cannot
be larger than three feet across.
(5)
Recreational fires must be attended by a responsible adult at all
times.
(6)
A water hose, fire extinguisher or other means of extinguishing the
fire must be readily available.
(7)
Recreational fires must be maintained so as not to emit smoke or
odors creating a nuisance to neighboring properties.
(8)
Recreational fires are prohibited at any time the Borough of Souderton
is under a red flag warning.
A.
Should a person be found in noncompliance or upon a complaint filed
by a neighboring property owner, the Souderton Police Department,
Souderton Borough Fire Marshal or an officer of the Fire Department
may immediately extinguish any fire found to be in violation of the
provision of this chapter.
B.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be subject to a fine not to exceed $1,000
per violation, plus court costs, or may be sentenced to imprisonment
for a period not to exceed 30 days. If the enforcement officer shall
give written notice of any violation to any person, each day that
said violation continues shall be deemed a separate offense, punishable
by like fines.
