(a) Prohibitions. No person shall cause, allow or maintain any open burning or burning of any matter, or materials of any kind or nature and no person in charge of or in possession of any premises upon which such burning occurs or any premises immediately adjacent to any public place upon which such burning occurs shall fail to extinguish the fire if they have knowledge of such fire and it is within their capability to extinguish such fire. The owner of all premises shall be responsible for open burning occurring on such premises unless trespass without the knowledge of the owner has occurred. The following fires shall be permitted:
(1) Barbeques, except barbeques situated upon balconies or other open areas attached to multiple dwelling units or otherwise within ten feet of any multiple dwelling unit, ceiling, roof, extension or protrusion from a multiple dwelling unit.
(2) Controlled fires for training fire fighters where a certified fire fighter is present.
(3) Personal use of smoking materials in compliance with all applicable state and local laws.
(4) Use of incendiary devices for lighting authorized fires.
(5) Construction site fires for warmth of workers as permitted under the International Fire Code Section F-403.4.
(6) The use of permitted consumer fireworks in accordance with state law and ordinances of the Township.
(7) Utilization of barbeques, fire pits and fireplaces in conformity with state and local law, including the provisions of this section.
(b) Hazardous Conditions. The Fire Marshall shall prohibit open burning that is offensive or objectionable due to smoke or odor emissions, or when atmospheric conditions or local circumstances, make fires hazardous. The Fire Marshall shall order the extinguishment by the permit holder or the Fire Department if any open burning creates or adds to an objectionable or offensive situation or a hazardous situation.
(c) Location Restrictions Permitted Burning. No permitted burning shall occur less than 100 feet from any residential structure which is not situated upon property owned where the burning is occurring and not less than fifty feet from any non-residential structure which is not situated upon the property where burning is occurring. A provision shall be made to prevent a fire from spreading to within fifty feet of any structure. A fire extinguisher or hose must be present. Fire pits, barbeques, and fireplaces as defined herein shall be permitted, but may not be located less than twenty feet from any occupied or unoccupied structure situated upon the property where the fire is occurring and shall not be less than fifty feet from any structure situated upon any adjoining property to the property from which the fire is occurring.
(Ord. 429. Passed 3-13-17.)
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