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CHAPTER 7

FIRE PREVENTION AND FIRE PROTECTION

PART 1

OPEN FIRES AND BURNING

§101. Purpose

§102. Definitions

§103. General Restrictions

§104. Contained Fires

§105. Uncontained Fires

§106. Enforcement

§107. Penalties

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(7, PART 1)

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PART 1

OPEN FIRES AND BURNING

§101. PURPOSE.

The purpose of this Part is to prevent public and private nuisances caused by outdoor fires

deliberately or carelessly set and maintained and to avoid unnecessary calls and false alarms

to the fire departments providing service to residents of the Township of Vernon.

(Ord. 1992-5, -/-/1992, §1)

§102. DEFINITIONS.

As used in this Part the following terms shall have the meanings indicated unless a different

meaning clearly appears from the context:

COMBUSTIBLE MATERIALS - paper, bags, old clothes, leather, carpets, wood, brush,

tree branches, tree leaves, yard trimmings, furniture and other similar materials.

COMMERCIAL BURNING - the burning of solid or 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,

chemicals, cinders and other forms of solid or liquid waste materials.

CONTAINED FIRE - any fire contained in an incinerator, a fireplace designed for

outdoor cooking or a fireproof container.

FIRE - any fire set or maintained outside of a building other than a gas or charcoal fire

used for cooking purposes.

FIRE DEPARTMENT - any organized fire department providing fire protection services

to the residents of the Township of Vernon.

GARBAGE - all putrescible animal and vegetable matter resulting from the handling,

preparation, cooking and consumption of food.

INCINERATOR - any device specifically designed for the destruction by burning of

refuse or any other combustible material; the burning capacity of such a device must be

intense enough so as to eliminate potential sparks and burning embers.

PERMIT - a burning permit issued by the Township of Vernon governing uncontained

fires.

PERSON - an individual, partnership, association, corporation, department, bureau,

agency or other legal entity.

FIRE PREVENTION AND FIRE PROTECTION

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UNCONTAINED FIRE - any fire except a contained fire as hereinbefore defined in this

Part.

(Ord. 1992-5, -/-/1992, §2)

§103. GENERAL RESTRICTIONS.

1. No person shall set or maintain a fire within 50 feet of any building or property line.

2. No person shall set or maintain a fire on any public road nor within the rights-of-way

of any public road, on any public property except where a designated area has been set

aside for this purpose and an appropriate container has been provided to contain such

fire.

3. No person shall set or maintain a fire that may endanger any building or property except

when such building or property is being used by a fire department for training exercises.

4. No person shall set or maintain a fire on Sunday except a contained fire as hereinbefore

defined in this Part; provided, that this restriction would not apply to fires set or

maintained in connection with the training of a fire department.

5. No person shall set or maintain a fire for the purpose of burning garbage as hereinbefore

defined in this Part.

6. No person shall set or maintain a fire involving commercial burning as hereinbefore

identified in this Part without first securing a burning permit from the Township of

Vernon.

6. No fire, contained or uncontained, shall be set or maintained unless constantly attended

by at least one adult person.

7. Any contained or uncontained fire is:

A. Not permitted to burn in an unsafe manner under adverse weather conditions.

B. Unsupervised.

C. Creating a public nuisance.

D. Determined unsafe by the duly designated enforcement officer or by a Supervisor

of the Township of Vernon and shall be extinguished immediately upon demand

by such person.

(Ord. 1992-5, -/-/1992, §3)

§104. CONTAINED FIRES.

(7, PART 1)

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1. Only contained fires shall be utilized for the purpose of burning readily combustible

materials.

2. No contained fire shall be permitted to burn or smolder between sunset and sunrise.

3. A contained fire that causes noxious odors or excess smoke or creates a fire hazard is

hereby declared to be a public nuisance and subject to enforcement as provided by law

and/or pursuant to the penal provisions of this Part or both.

(Ord. 1992-5, -/-/1992, §4)

§105. UNCONTAINED FIRES.

1. No uncontained fire shall be permitted to burn whenever drought or extreme weather

conditions exist or when a ban on burning has been placed into effect by the Commonwealth

of Pennsylvania, the County of Crawford or the Board of Supervisors of Vernon

Township. Notice of such restrictions shall be given by notice in a paper of general

circulation and by posting a notice at the Township Municipal Building or by giving

such other notice as the Board of Supervisors of Vernon Township shall deem

appropriate from time to time.

2. No uncontained fire shall be utilized for the purpose of burning readily combustible

materials or garbage as hereinbefore defined in this Part.

3. No uncontained fire shall be allowed to burn or smolder between sunset and sunrise.

4. In the event it is necessary to have an uncontained fire at other than the times permitted

under the terms of this Part, then, and in that event, a permit shall be secured from the

Board of Supervisors of the Township of Vernon and a copy of said permit shall be

delivered to the Vernon Township Fire Department.

5. An uncontained fire which shall cause noxious odors, excess smoke or create a fire

hazard is hereby declared to be a public nuisance and subject to enforcement as provided

by law and/or pursuant to the penal provisions of this Part or both.

(Ord. 1992-5, -/-/1992, §5)

§106. ENFORCEMENT.

The Board of Supervisors of the Township of Vernon shall appoint designated enforcement

officers who, in addition to the Board of Supervisors of Vernon Township, shall have the power

to enforce the provisions of this Part.

(Ord. 1992-5, -/-/1992, §6)

§107. PENALTIES.

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Any person, firm or corporation who shall violate any provision of this Part, upon conviction

thereof in an action brought before a district justice in the manner provided for the enforcement

of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced

to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and

costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part

continues or each Section of this Part which shall be found to have been violated shall

constitute a separate offense.

(Ord. 1992-5, -/-/1992, §7; as amended by Ord. 1997-2, 3/6/1997; and by Ord. 1998-2,

3/5/1998)