[HISTORY: Adopted by the City Council of the City of Bradford 10-28-2008 by Ord. No. 3225. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 86, Open Burning, adopted 2-24-1970 by Ord. No. 2842, as amended.
This chapter shall be known and may be cited as the "Bradford Open Burning Ordinance."
The City Council of the City of Bradford has determined that air pollution from an open fire may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the City. It is hereby declared to be the policy of the City of Bradford to safeguard the citizens of the City from such air pollution.
The following words, terms and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
- APPROVED CONTAINERS
- A container that is three feet or less in diameter and less than two feet in height. It must have a spark arrester around the entire container and capped with a lid so that no sparks or hot embers can escape.
- An outdoor fire utilized for ceremonial purposes.
- Any enclosed device specifically designed for the burning of any material for the production of heat.
- All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
- Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.
- 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, smudgepots 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.
- OPEN FIRE
- A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator or outdoor grill.
- OUTDOOR GRILL
- A device or structure specifically used for the preparation of food.
- Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
- RECREATIONAL FIRE
- An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque 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.
- Garbage, rubbish and trade waste.
- Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
- SALVAGE OPERATION
- Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to metals, chemicals, shipping containers or drums.
- TRADE WASTE
- All solid and liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials.
The City Council or its authorized representative shall have the power and duty to enforce the provisions of this chapter.
General. 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.
Prohibited open burning. Open burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
Permit required. A permit shall be obtained from the fire code official in accordance with this section prior to kindling a fire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Permit fees, if any, shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official.
Authorization. When required by local law or regulations, open burning shall only be permitted with prior approval from the local air and water quality management authority, provided that all conditions specified in the authorization are followed.
Extinguishment authority. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation.
Location. The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure.
Bonfires. 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.
Recreational fires. 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.
Attendance. Open burning, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher, 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.
Hours. It shall be unlawful for any person to start, kindle, cause, allow, or maintain any form of open burning between the hours of 12:00 a.m. and 6:00 a.m., except as specifically authorized in writing by the City of Bradford Fire Department.
[Added 6-12-2018 by Ord. No. 3225.1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection J as Subsection K.
Violations and penalties. Any person violating any provision of this chapter shall, upon conviction thereof before the District Justice, be sentenced to pay a fine of $100 and not more than $500 or to imprisonment for not more than 90 days, or to both fine and imprisonment. Each day that a violation exists shall constitute a separate offense.
[Amended 6-12-2018 by Ord. No. 3225.1]