[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna 3-8-2021 by Ord. No. 222.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 76,
Burning, Open, adopted 6-11-2012 by Ord. No. 180, as
amended.
This chapter shall be known as the "Mount Gretna Borough Burning
Ordinance."
The Mount Gretna Borough Council, Lebanon County, Pennsylvania,
deems it to be in the best interest and general welfare of the citizens
and the residents of the Borough, and taking into consideration that
the community is built up and wooded, that open burning is detrimental
to the health, comfort, living conditions, welfare and safety of the
citizens of Mount Gretna Borough, and it is hereby declared to be
the policy of Mount Gretna Borough to safeguard the citizens of Mount
Gretna Borough from potential fire hazards and eliminate nuisances
caused by smoke.
As used in this chapter, the following definitions shall have
the meanings indicated:
A metal container used to hold combustible or flammable waste
materials so they can be ignited outdoors for the purpose of disposal.
The tending, causing to ignite or igniting of any material
to cause flame, smoke, embers, hot ash or residue, in combination
or individually.
A device that consists of an ignitable wick embedded in wax
or similar fuel source.
A small front-loaded outdoor fireplace with a bulbous body
and vertical smoke vent usually made of clay, terra cotta or metal,
typically fueled by wood or charcoal.
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.
A device that burns propane or natural gas for decorative
or heating purposes, generally consisting of a burner covered with
lava rock or decorative glass.
Any gaseous material that can be burnt to release energy
through the process of combustion such as propane or natural gas.
A device that burns kerosene for producing heat.
Any liquid material that can be burnt to release energy through
the process of combustion, such as paraffin oil, citronella oil, or
kerosene.
Any fire which is burned outside an enclosed structure or
building.
A small portable stove for cooking or heating.
A place for building fires outside of the home. Similar in
construction to an indoor fireplace, usually added to a stone, brick,
or concrete patio, consisting of a firebox and a chimney.
Any device manufactured, designed, and built for the express
purpose of cooking food out of doors. Includes barbecue grills, smoker
grills, and hibachis.
Any stove that uses wood or other similar product for fuel.
A heating device that burns propane to produce heat.
Any solid material that can be burnt to release energy through
the process of combustion, such as wood, paper or charcoal. Solid
fuels are more susceptible than non-solid fuels to produce sparks
and embers that can cause a fire hazard.
A device that consists of an ignitable wick embedded in liquid
oil or similar fuel source.
Open burning of solid fuels within the Borough of Mount Gretna is prohibited, except as permitted in § 76-5. Typical examples of appliances that burn solid fuels include, but are not limited to, the following:
A.
Open burning
using UL-approved appliances that use propane or natural gas and are
installed, positioned, and used according to manufacturers' instructions
are permitted. Typical examples of appliances or devices that burn
propane or natural gas include, but are not limited to, the following:
B.
Other specific
permissible open burning allowances:
(1)
Candles
using waxes or oils as fuel.
(2)
Oil
lamps.
(3)
Sterno-type
devices typically used as food warmers.
(4)
UL-approved
outdoor grills or hibachis using charcoal.
(5)
Smokers
grills for cooking that use a variety of fuel sources.
(6)
Kerosene
heaters that are UL approved.
(7)
Torches
that use liquid fuel, such as tiki torches.
(8)
Paper
or commercial smokeless fire starters may be used to start a fire
in a permitted appliance or device.
A.
Manufacturers'
use instructions for any appliance or device must be followed, especially
regarding distance from combustible structures.
B.
The use
of outdoor grills inside a structure or building or in a garage, breezeway,
balcony, carport, or under a surface that is combustible shall not
be permitted.
C.
Outdoor
grills shall be positioned in a minimum of five feet away from siding,
combustible deck railings, and adjoining property (unless otherwise
specified by the manufacturer) and out from under eaves and overhanging
branches.
D.
The use
of burn barrels is prohibited.
E.
No fires
shall be allowed to burn without a responsible adult being present
at all times and without a readily available fire-extinguishing apparatus.
The use of any materials to start or maintain a fire other than
what is specifically authorized under the definition of "permitted
materials," including but not limited to any of the following materials,
is strictly prohibited: paints; painted or chemically treated woods;
railroad ties; telephone plastics; cardboard boxes, paper or paper
products; garbage or any other household or residential wastes; construction
waste or demolition/salvage debris; commercial or industrial materials
or waste; oil; grease, gasoline, asphalt products, or any other petroleum
products; rubber; tires; tar or tar paper; dead animals; animal or
human waste; pathogenic waste; insulated wire; toxic or noxious materials,
cloth, leaves, green yard waste, brush, tree and shrub clippings,
tree limbs, and tree trunks, or other materials that tend to cause
excessive or malodorous emissions or excessive smoke.
The following burning fuels are permitted:
If any provisions of this chapter shall be determined or declared
to be void or invalid in law or otherwise, then only that provision
shall be stricken from the chapter and in all other respects this
chapter shall be valid and continue in full force and effect.
This chapter shall become effective within five days of this
enactment.
Any person, firm, or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, as a summary offense,
be sentenced to pay a fine of not less than $100 nor more than $1,000
per violation, and the cost of prosecution, plus restitution. Each
subsequent violation within a thirty-day period, the minimum fine
of $100 shall increase by $100 for each additional violation. Each
day that a violation of this chapter continues shall constitute a
separate offense.