[HISTORY: Adopted by the Borough Council of the Borough of Economy 7-10-2007 by Ord. No. 414.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 88.
[1]
Editor's Note: This ordinance repealed former Ch. 62, Burning, Outdoor, adopted 8-14-1979 by Ord. No. 212, as amended.
[Amended 8-10-2010 by Ord. No. 429; 5-28-2024 by Ord. No. 485]
A. 
Burning of anything on public streets, sidewalks or public grounds is prohibited. Charcoal and propane grills are permitted at public parks for the express purpose of cooking food, provided the coals are extinguished or otherwise safeguarded from igniting a fire upon departure from the park.
B. 
General restrictions.
(1) 
A person shall not kindle or maintain or authorize to be kindled or maintain any open burning unless conducted and approved in accordance with this chapter.
(2) 
The burning of rotted tree wood, or construction wood that is chemically preserved or treated, or all leaves is prohibited and shall be a violation of this chapter.
(3) 
No person shall burn any recyclable materials. including paper and cardboard as defined within Chapter 140 of the Code of the Borough of Economy, as amended, within the limits of the Borough of Economy.
(4) 
In addition to the prohibition against the burning of recyclable materials, the burning of materials which will create nausea or noxious fumes, smoke, and toxic chemicals, or causing offensive odor, community and environmental concern, excessive fly ash or,[1] is a violation of Department of Environmental open burning regulations and is specifically prohibited.
[1]
Editor's Note: So in original.
(5) 
The burning of dry grass and garden waste is specifically prohibited on all lots of 10 acres or less.
(6) 
The burning of leaves is prohibited, regardless of the size of the property.
(7) 
The clearing of land for the purpose of development that is part of a subdivision or land development approval.
(8) 
The burning of brush piles, yard waste, vegetative matter, and trees generated from a commercial business which has been transported off-site.
[Amended 5-28-2024 by Ord. No. 485]
Burning of anything on private property is prohibited except as follows:
A. 
The property owner's permission must be obtained.
B. 
Fires for cooking purposes on commercially made grills are permitted at all times. Fires for cooking purposes on homemade fire pits, etc. are restricted as follows:
(1) 
The area where the fire will burn must be well contained, attended at all times, and be fully extinguished and not left smoldering when finished.
(2) 
A means to suppress sparks and ashes from escaping upwards and potentially igniting another fire must be in place.
(3) 
A fire extinguisher, water source or other means of dousing the fire quickly must be on hand.
(4) 
It must be abundantly apparent that the purpose of the fire is for cooking, and the mere presence of a marginal amount of food as a subterfuge will be considered a violation of this chapter.
C. 
Burning of dry, readily combustible non-recyclable household items is permitted under the following circumstances:
(1) 
Tuesday through Saturday except federal holidays, sunrise to sunset, for no more than one hour during any day.
(2) 
The burning area must be well contained, such as in a burn barrel, including a means to suppress sparks and ashes from escaping upwards, attended at all times, and be fully extinguished and not left smoldering when finished.
(3) 
A fire extinguisher, water source or other means of dousing the fire quickly must be on hand.
(4) 
Must be at least 50 feet from any dwelling and more than 15 feet from any accessory structure.
D. 
With the exception of leaves, the burning of dry, readily combustible, non-recyclable brush and sticks, etc. is permitted under the following circumstances:
(1) 
Under one cubic yard of loose material, the same as Subsection C above.
(2) 
One cubic yard or more of loose material:
(a) 
The Borough Fire Department is contacted in advance and advised of such plans so that the Fire Department may be aware of the location of said land and be able to stand by in case of emergency.
(b) 
By permit issued by the Fire Code Official or duly authorized representative.
(c) 
Tuesday through Saturday except federal holidays, sunrise to sunset, for no more than three hours during any day.
(d) 
The burning area must be well contained or otherwise situated as being deemed safe by the Fire Code Official or duly authorized representative on days when wind gusts do not exceed 10 miles per hour, attended at all times, and be fully extinguished and not left smoldering when finished.
(e) 
A fire extinguisher of sufficient size, water source or other means of dousing the fire quickly must be on hand.
(f) 
Must be at least 100 feet from any dwelling and more than 50 feet from any accessory structure.
E. 
Fireplaces within a private residence are permitted for the purpose of providing heat or for use as a barbecue, but in no event shall garbage, rubbish or trash be burned in a fireplace.
F. 
Commercial burning is permitted in the Industrial Zone and will be controlled by the Fire Code Official or duly authorized representative on a case-by-case basis. Commercial burning is defined as burning that is an integral and ongoing part of a business.
G. 
The Borough, through its agents, shall determine what constitutes a “well contained” burning area and all other subjective terms herein, with the Fire Code Official or duly authorized representative having final say if there is a dispute.
Anyone who violates or fails to conform to any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction thereof, be fined not more than $300, and in default of payment of such fine, be imprisoned for not more than 90 days. Each day's violation shall constitute a separate and distinct offense.