[Adopted 9-11-2012 by Ord. No. 6-2012]
This article applies to all outdoor burning and open burning
within the Borough of Ingram, except for the following:
A. It shall not apply to grilling or cooking food using charcoal, wood,
propane or natural gas in cooking or grilling appliances in an appropriate
container or fireplace, with a flue.
B. It shall not apply to burning for the purpose of generating heat
in a stove, furnace, fireplace or other heating device within a building
used for human or animal habitation.
C. It shall not apply to the use of propane, acetylene, natural gas,
gasoline or kerosene in a device intended for heating during construction
or maintenance activities.
Open burning of wood, trees, logs, brush and/or stumps shall
only be permitted in compliance with the following:
A. Only clean, dry wood products may be burned.
B. Burning shall only be permitted in an approved outdoor-rated fireplace,
fire pit, chiminea or a fifty-five-gallon drum or similar receptacle.
C. No painted wood, chemically treated wood plastics, cardboard boxes,
paper, household wastes or toxic or noxious materials, cloth, leaves,
green yard waste or other materials that tend to cause excessive emissions
or excessive smoke may not be used to start or maintain an open fire
in the borough. Also, a fire shall not be burned that creates excessive
smoke, excessive odor, or malodorous emissions.
D. All open burning (any fire or combustion from which air contaminants
pass directly into the open air without passing through a flue, spark
arrestor or screen) shall be no less than 25 feet distance from the
nearest property line, public way, fence or other structure (permanent
or temporary).
E. All outdoor burning shall be attended at all times by at least one
responsible adult who is age 18 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 from the ignition
of the fire until the fire is completely extinguished. The fire shall
be extinguished in the absence of a qualified responsible individual
attending the fire.
F. Adequate means of fire extinguishment must be immediately available
at all times when outdoor burning is taking place. Examples of such
shall include, but not be limited to, a minimum of one portable fire
extinguisher with a minimum 4-A rating or other approved on-site fire
extinguishing equipment, such as dirt, sand, water barrel, a functional
garden hose attached to a functional water source, or water truck,
shall be available for immediate utilization.
G. Burning at construction sites having a valid building permit shall
be permitted for the purpose of providing warmth. This shall be permitted
only if said burning takes place in a fifty-five-gallon drum or similar
suitable for containing such fire, including the flames.
H. Persons utilizing or maintaining an outdoor fire shall be responsible
for all fire-suppression costs and any other liability resulting from
damage caused by the fire.
I. All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions minimize adverse effects
and do not create a health hazard or a visibility hazard for persons
at home, on roadways, railroads or airfields. The person engaging
in open burning shall take all reasonable precautions to stop any
smoke and/or fumes from encroaching in or upon the inhabited structure
of another. Open burning shall be conducted in conformance with all
local and state fire protection regulations and the 2009 International
Fire Code.
J. No materials may be burned upon any street, curb, gutter, sidewalk
or on the ice of a lake, pond, stream, body of water or on any public
property.
K. No person shall be permitted to create or permit an open fire on
a property unless he/she has the legal right to possession of that
property.
L. The Fire Marshall/Code Enforcement Officer or other authorized officer,
agent, employee or representative of the Borough of Ingram who presents
credentials may inspect any property for the purpose of ascertaining
compliance with the provisions of this chapter.
The restrictions set forth above are subject to the following
exceptions:
A. Open fires may be set in the performance of an official duty of any
public officer if the fire is necessary for:
(1) The prevention of a fire hazard which cannot be abated by other means;
or
(2) The protection of public health.
B. Open bonfires may be conducted solely for the purpose of recreation.
Bonfires may be allowed only for officially sponsored activities of
civic, educational and religious organizations. Bonfires are not approved
for the general public. Allowed bonfires are subject to the following
conditions.
(1) The organization requesting the bonfires must submit a map of the
burn area to the Fire Department Chief for review a minimum of seven
business days prior to the event. The site map must show emergency
access points to the site (i.e., roads, parking lots, alleys, etc.)
burn site proximity to buildings/structures, location of hydrants,
and approximate number and location of participants.
(2) The organization requesting the bonfire must obtain a burn permit
from the Allegheny County Health Department prior to the lighting
of the bonfire. A Borough Fire Department official will need to inspect
the site the date of the burn.
(3) The location of the bonfire shall be no closer than 75 feet to any
structure, tree, shrub or combustible material and provisions shall
be made to prevent the fire from spreading to within 75 feet of any
structure or combustible material.
(4) The organization requesting the bonfire will appoint a minimum of
two responsible adults to act as bonfire supervisors throughout the
entire event. These supervisors shall each have a means of communication
(cell phone, radio, etc.) to alert the Fire Department in the event
of any issues.
(5) The fuel for the bonfire shall consist only of clean, dry, non-treated
lumber or firewood stacked no more than 10 feet in height and with
a diameter of not to exceed 10 feet at the base of the pile.
(6) The use of flammable or combustible liquids, other than commercially
produced charcoal lighter fluid, to start the fire is strictly prohibited.
Only dedicated bonfire supervisors will initiate the fire.
(7) No one, except the bonfire supervisors and/or emergency personnel
shall be allowed within 10 feet of the bonfire throughout the duration
of the event. Adequate security measures must be in place to prevent
the audience from encroaching on the pile.
(8) The bonfire shall be properly extinguished at the end of activities,
but in any case will not be allowed after 11:59 p.m.
(9) Weather conditions can prohibit use of bonfires. Recreational fires
will not be allowed during periods of drought, or during an Air Quality
Action Day issued by the Pennsylvania Department of Environmental
Protection for Western Pennsylvania.
(10) The bonfire can be suspended or cancelled at any time during the
event if wind conditions become strong (15 mph or greater) or if there
are sustained gusts in excess of 20 mph, or if the wind begins to
carry brands or embers creating a potential for fire extension. Bonfires
identified as offensive or objectionable due to excessive smoke will
be extinguished by Fire Department officials.
C. Notwithstanding the foregoing exceptions in this section, the exception
for open burning shall be further restricted as follows:
(1) Such burning shall contribute only a negligible amount of air contaminants
and shall not create any hazardous or other objectionable condition.
(2) No burning shall be conducted on "ozone action" days as declared
by Borough or Allegheny County officials.
(3) Only dry, clean wood products or other clean-burning fuels shall
be burned; no building materials, or treated wood.
(4) Only smokeless fuels, if any, shall be used to start a fire.
(5) The material being burned shall be no larger than three feet in length,
the pile being burned shall be no taller than two feet in height,
three feet in diameter and shall be enclosed by a stone or block ring.
(6) Open fire pit burning shall not be located within 25 feet of a structure
or public way. Approved container burning shall not be conducted without
a spark arrestor or screen and shall not be located within 15 feet
of any street, sidewalk, structure, inhabited area, property line,
utility or overhanging structure. A five-foot area around the fire
ring or container shall be cleared of all combustible dry grass, leaves,
ground cover, etc.
(7) All burning shall take place between the hours of 11:00 a.m. and
11:59 p.m.
A burn permit from the Allegheny County Health Department Air
Pollution Control Division shall be required to burn any pile of material
larger than three feet in diameter (bonfire). Such permit shall be
presented on demand to any officer of the Fire/Police Department or
Borough Code Enforcement Officer or their designees.
Immediately upon the discovery of any open burning not permitted
hereunder, the person responsible for the property on which such burning
occurs shall immediately extinguish or cause the extinguishment of
such burning.
The open burning of refuse is prohibited. Refuse shall include
any waste material, including building supplies, garbage, grass and
leaves. It shall not include dead trees, logs, brush, stumps, and
other vegetative matter.
The Chief of the Fire Department, Police Department or the duly
authorized representative, along with the Fire Marshal and/or Code
Enforcement Officer, shall have the power to prohibit open burning
if such burning is contrary to the provisions of this article or the
2009 International Fire Code.
[Amended 3-10-2014 by Ord. No. 2-2014]
Any person or entity found to be in violation of this article
shall be subject to a fine up to the amount of $300 plus court costs
for each violation, after issuance of a citation and conviction before
the Magisterial District Judge.