[HISTORY: Adopted by the Borough Council of the Borough of New Britain 2-11-2020 by Ord. No. 401.. Amendments noted where applicable.]
Uniform construction codes — See Ch. 165.
Solid-fuel-burning appliances and chimneys — See Ch. 365.
Solid waste — See Ch. 369.
Zoning — See Ch. 410.
Editor's Note: This ordinance also repealed former Ch. 144, Burning, Open, adopted 4-14-2009 by Ord. No. 332, as amended.
This chapter shall be known as the "Borough of New Britain Open Burning Ordinance" and is intended to regulate open burning in the Borough.
This chapter does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
This chapter does 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.
This chapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
As used in this chapter, the following terms shall have the meanings indicated:
- LEAF WASTE
- Leaves, shrub trimmings, and like vegetative matter.
- RECREATIONAL FIRE
- Any fire used in connection with camping, cooking, picnicking, or other commonly accepted recreational activity. Recreational fires must be clearly used for said purpose at the time of observation and may only be kindled with seasoned wood, charcoal or other man-made material expressly for use in recreational fires.
- Aluminum cans, clear glass containers, plastics, newspaper, and such other materials specified by the municipality to be recycled in the municipality's recycling regulations resulting from this part and as revised from time to time as deemed necessary by resolution of Borough Council.
No person or persons shall set or maintain any fire within the Borough of New Britain except a recreational fire set and maintained strictly in accordance with the following terms and conditions:
No outdoor fires shall be ignited prior to 9:00 a.m. on any day, and they must be extinguished by 12:00 midnight of the same day.
The base of the fire shall not exceed 66 inches in width, and the fuel shall not be stacked higher than 20 inches above the base. The "base" for purposes of this section shall include the sides of any container within which the recreational fire is maintained (i.e., 20 inches above the sides of a patio block or metal fire pit).
Outdoor fires shall be attended at all times and until the fire is completely extinguished.
Once any fire has been ignited, a rake and a garden hose, controlled by a nozzle, but turned on at the spigot, must be maintained within at least 10 feet of the fire. No outdoor fires shall be set or maintained within 15 feet of any building.
No person shall ignite, cause, feed, permit or maintain any open fire for the destruction of solid waste, recyclables or leaf waste.
The burning of garbage, rubber, leather, plastics, paper, cardboard, paints, grease, oil, and other petroleum products is strictly prohibited under any conditions.
No outside fire shall be set or burned which causes smoke to interfere to any degree with normal visibility at any point outside of the property upon which the burning is being conducted and which in any degree causes damage to the property of others or interferes with the welfare and comfort of other persons in the community and their right to enjoy their property free and clear from smoke nuisance.
No person or persons shall set or maintain any outdoor fire of any type whatsoever within the Borough of New Britain when and during such specified periods of time as the Borough shall determine hazardous conditions exist by reason of unusual weather conditions; provided, however, that public notice of such prohibition is published one time in a newspaper having general circulation within the said Borough, and further that such notice of prohibition is publicly posted at the Borough Hall and other prominent places within said Borough .
The Borough's Emergency Management Coordinator shall have the authority to grant a variance from the provisions of this chapter for reasons including but not limited to the following:
To prevent or abate a fire hazard.
For the purposes of instructing personnel in firefighting techniques and exhibitions.
For prevention and control of disease and pests.
For fires set solely for ceremonial purposes.
Bonfires used for recreational entertainment, not exceeding five feet by five feet in size and not burning longer than three hours.
Requests for variances shall be made in writing to the Borough of New Britain Emergency Management Coordinator.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility as provided by law. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bucks County.