Chapter 217

BURNING, OPEN

§ 217-1. Short title.

This chapter shall be known and may be cited as the "Spring City Borough Open Burning Ordinance."

§ 217-2. Definitions.

With respect to the interpretation of this chapter, the following terms shall be defined as follows:

     OPEN BURNING — The burning of any material or combination of materials where the products of

combustion are emitted directly into the ambient air without first passing through a stack or chimney from

an enclosed chamber inside of any building, including but not limited to the open burning of refuse, trees,

logs, brush, leaves, stumps, and grass clippings. For purposes of this definition, a chamber is considered

"enclosed" when, during the time combustion is taking place, the only apertures, ducts, stacks, flutes or

chimneys open to the outside air are those necessary to admit combustion air or those necessary to permit

the escape of exhaust gases from the fire to the outside of any building, and then into the ambient air.

     PERSON — Any individual or other legal entity.

§ 217-3. Prohibition of outdoor burning.

No person shall engage in open burning in Borough of Spring City unless it is otherwise specifically

permitted herein.

§ 217-4. Exceptions.

The prohibition on open burning shall not apply to the following:

     A. Any of the following, provided that they are authorized by Council, conducted under the supervision

of the Fire Department, and, to the extent required, authorized by a permit duly issued by the

Commonwealth of Pennsylvania Department of Environmental Protection (PA DEP):

           (1) Any fire ignited to prevent or abate a fire hazard;

            (2) Any fire ignited for the purpose of instructing firefighting personnel or to demolish a fire hazard

            (including a structure or structures);

            (3) Any fire ignited for the prevention and control of disease or pests;

            (4) Any fire ignited in conjunction with the production of agricultural commodities in their

                  unmanufactured state on the premises of a farm operation; and

            (5) Any fire ignited solely for ceremonial purposes, such as a bonfire.

     B. Outdoor campfires subject to the following limitations:

           (1) Only clean wood may be burned; the burning of refuse is specifically prohibited.

          (2) Burning can only occur in approved NFPA containers that have screened lids that are on during

               burning.

          (3) The containers must be set back at 15 feet from any structure.

          (4) There must be a fire-extinguishing agent present, i.e., garden hose, bucket of water, fire

                extinguisher.

          (5) The campfire must be attended at all times.

          (6) Campfires are prohibited between the hours of 12:00 midnight and 12:00 noon.

          (7) No campfire may occur contrary to any emergency declaration.

          (8) No campfire may occur contrary to any directive issued by the Fire Department.

     C. Outdoor wood-fired boilers, provided each unit is first inspected by the Fire Department or Code

          Enforcement Officers for proper placement so not to cause damage or become a nuisance, prior to

          operation.

     D. Patio wood-burning units, subject to the following limitations:

          (1) Only clean wood may be burned; the burning of refuse is specifically prohibited.

          (2) The unit is set back at least 15 feet from the nearest structure on all neighboring properties.

          (3) The unit is not installed or used on any deck which is constructed of wood or composite

                materials, or on any balcony.

§ 217-5. Authority to extinguish outdoor fires.

The Borough's Fire Department is authorized to extinguish any fire which is deemed to be in violation of

this chapter or which otherwise poses a risk to the health and safety of any person.

The Borough's Fire Department is authorized to extinguish any fire which is deemed to be in violation of

this chapter or which otherwise poses a risk to the health and safety of any person.

§ 217-6. Violations and penalties.

Each violation of a section or subsection of this chapter shall constitute a separate violation. Each day the

violation persists shall then constitute a separate summary offense for which the maximum criminal fine

of $1,000 and/or a maximum term of imprisonment of 90 days may be imposed upon conviction. For the

enforcement of this chapter or to correct any violation thereof, the Borough may also, or in the alternative,

institute appropriate action or proceeding at law or equity. The offender shall also be assessed all court

costs and be required to reimburse all attorneys' fees reasonably incurred by the Borough in association

with securing a conviction and/or related to any other proceedings instituted pursuant hereto

§ 217-7. Severability.

If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional,

illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any part of the

remaining ordinance provisions, sentences, clauses, or sections. It is the intent of the Spring City Borough

Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence,

clause, section or part thereof not been included herein.

§ 217-8. When effective

This chapter is effective immediately upon enactment.