[HISTORY: Adopted by the City Council of the City of Hazleton 6-20-2017 by Ord. No. 2017-11. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
APPROVED
Something that is acceptable to or accepted by the fire code official.
BONFIRE
Any outdoor fire utilized for ceremonial purposes.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
FIREPLACE STOVE
A freestanding chimney-connected solid-fuel-burning heater, designed to be operated with the fire chamber doors in either the open or closed position.
OCCUPANT
Any individual living or sleeping in a building, or having possession of a space within a building.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. "Open burning" does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
OPERATOR
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
PREMISES
A lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAY
Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
YARD
An open space on the same lot with a structure.
Open burning which produces smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. It shall be unlawful for any person, partnership, company or corporation to burn any type of rubbish anywhere in the City. This section shall not prohibit the use of an outdoor fire for cooking or for recreation. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
A. 
No person shall burn any rubbish anywhere indoors in the City except in Incinerators and crematories that are listed and labeled in accordance with UL 791 and shall be installed in accordance with the manufacturer's installation instructions.
B. 
Exclusions.
(1) 
This chapter shall not be construed to prohibit wood fires in fireplaces, stove, heaters, or furnaces, as described below.
(2) 
This chapter does not prohibit or apply to outdoor wood fires for recreation, cooking or ceremonial purposes or outdoor gas or electric cooking grills or charcoal burners used for cooking purposes as long as adhere to as listed below.
Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing. Factory-built fireplaces shall be tested in accordance with UL 127.
Factory-built barbecue appliances shall be of an approved type and shall be installed in accordance with the manufacturer's installation instructions, this chapter and Chapters 3, 5, 7, 8 of the International Fuel Gas Code.
A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay. A portable outdoor fireplace will be permitted only when in conformance with the following requirements or the manufacturer's instructions in any instance where those instructions are more restrictive:
A. 
Portable outdoor fireplaces shall be completely enclosed (solid material or heavy-duty screening or both) with or without a stack or chimney, but those burning combustible materials shall have a screen at the top to prevent large embers that may cause a fire from escaping into the atmosphere. All materials shall be in good repair and safe condition.
B. 
Portable outdoor fireplaces designed to burn combustible materials shall use an appropriate type of fuel such as non-pressure-treated wood, charcoal or fireplace logs. Propane units shall use only propane. No waste material or any material that is likely to cause excessive smoke or noxious odors shall be used. The amount of fuel in use shall not exceed the safe capacity of the device.
C. 
Portable outdoor fireplaces shall be at least 15 feet from a structure, including decks and balconies. Their placement shall be stable and reasonably level so as to make tipping unlikely. They shall not be used on a deck, within any tent, or on or under any roof.
D. 
Portable outdoor fireplaces shall be constantly attended until the fire is extinguished
A bonfire shall not be conducted within 50 feet (15,240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet (15,240 mm) of a structure shall be eliminated prior to ignition. Bonfires will require a permit and prior approval of the Fire Chief or Deputy Fire Chiefs.
Recreational fires shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition. No recreational fires will be allowed after 11:00 p.m. on any day.
Bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization for a recreational fire. No fire shall be allowed to smolder, all fires must be totally extinguished by 11:00 p.m. Bonfires shall have the presence of the Hazleton Fire Department on site at all times and cost associated with the presence shall be paid for by the person or organization conducting the bonfire.
A. 
Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction.
B. 
Exceptions.
(1) 
Where buildings, balconies and decks are protected by an automatic sprinkler system.
(2) 
One- and two-family dwellings.
Open-flame decorative devices shall comply with all of the following restrictions:
A. 
Class I and Class II liquids and LP gas shall not be used.
B. 
Liquid or solid-fueled lighting devices containing more than eight ounces (237 ml) of fuel must self-extinguish and not leak fuel at a rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over.
C. 
The device or holder shall be constructed to prevent the spillage of liquid fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) when the device or holder is not in an upright position.
D. 
The device or holder shall be designed so that it will return to the upright position after being tilted to an angle of 45° from vertical.
(1) 
Exception: devices that self-extinguish if tipped over and do not spill fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over.
E. 
The flame shall be enclosed except where openings on the side are not more than 0.375 inch (9.5 mm) diameter or where openings are on the top and the distance to the top is such that a piece of tissue paper placed on the top will not ignite in 10 seconds.
F. 
Chimneys shall be made of noncombustible materials and securely attached to the open-flame device.
(1) 
Exception: A chimney is not required to be attached to any open-flame device that will self-extinguish if the device is tipped over.
G. 
Fuel canisters shall be safely sealed for storage.
H. 
Storage and handling of combustible liquids shall be in accordance with Chapter 57, Flammable and Combustible Liquids, of the 2015 International Fire Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I. 
Shades, where used, shall be made of noncombustible materials and securely attached to the open flame device holder or chimney.
J. 
Candelabras with flame-lighted candles shall be securely fastened in place to prevent overturning, and shall be located away from occupants using the area and away from possible contact with drapes, curtains or other combustibles.
[Added 4-14-2021 by Ord. No. 2021-10.]
Open burning of leaves, weeds, brush, stumps, clean wood other vegetative debris is allowed only in accordance with the following provisions:
A. 
Open burning shall only be permitted in an Industrial Zone.
B. 
All allowed open burning shall be conducted by permit only and in a safe, nuisance-free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with the IFC all local and state fire protection regulations.
C. 
The fee for the permit is set at $250, and the same may be amended by resolution of Council at its discretion.
D. 
Open burning shall be conducted only on the property on which the materials were generated or at a facility approved by and in accordance with provisions established by the Department of Environmental Protection and the Fire Chief.
E. 
Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights-of-way is allowed if approved by the Fire Chief and if in accordance with other provisions of this chapter.
F. 
Open burning under this section shall only be conducted at a location at least 100 feet from the nearest building which is not on the same property.
G. 
Open burning shall only be conducted during the hours of 7:00 a.m. to 4:00 p.m.
H. 
Open burning shall be constantly attended and supervised by a competent person of at least 25 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire.
I. 
There shall be heavy equipment available to extinguish the fire if ordered or required to do so, and there shall be a water truck present and available.
J. 
The applicant must procure and produce and insurance policy naming the City as an additional insured at a coverage amount of not less than $2,000,000 per occurrence for property damage and personal injury.
K. 
The Hazleton City Fire Department shall be permitted to access and inspect the burning site each day for compliance.
L. 
If the Fire Department is required to extinguish a permitted fire, all costs associated with the extinguishment and mitigation of the scene shall be paid by the applicant as described in Chapter 53, Fire Department, Article II, Reimbursement for Services.
The fire code official is authorized to order the extinguishment by the occupant, another person responsible or the fire department of open burning that creates or adds to a hazardous situation. All costs associated with the extinguishment and mitigation of the scene as described in Chapter 53, Fire Department, Article II, Reimbursement for Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, occupant, firm or corporation violating any provision of this chapter shall be subject to a penalty as provided in Chapter 1, Article II, Violations and Penalties, plus the cost of extinguishment if it applies, plus all other costs approved by the courts. A separate offense may be deemed committed on each day during which a violation occurs or continues.