Proposal to Rescind Ordinance 2084 Open Burning Michael LessarJr. Borough of Pottstown Fire Chief Abstract Under the current ordinances, having an open fire in the backyard that is not contained to a permanent fireplace with a chimney or barbecue grill is in violation of the ordinance. In addition, under the current ordinance, open burning is restricted to select occurrences such as bonfires and events that utilize an open flame the PowWow event. Burning in a permanent fireplace without a chimney and commercially made portable fireplaces are also in violation of the current ordinance. Background In May 2006, Ordinance No. 2020, adopted the 2009 International Fire Code as the Fire Code of the Borough of Pottstown. In addition, Ordinance No. 2084 was adopted in August 2011 which provided specific amendments to Chapter 3 of the International Fire Code. Specifically, Section 307 (of Borough Ordinance 2084) addresses open burning, recreational fire and portable outdoor fireplaces with requirements above and beyond what is required by the International Fire Code. It should be noted that the International Fire Code is a peer reviewed consensus document that has been adopted in 42 of the 50 states without modification. Staff review of open burning regulations in light of numerous residents? concerns finds that repeal of Ordinance No. 2084 would remove restrictive and confusing Borough regulations that are already covered by the International Fire Code. Please see the attached fact sheets comparing what is permitted under Ordinance No. 2084 as opposed to the International Fire Code. Complete versions of the International Fire Code and Borough Ordinance No. 2084 are also included for your reference. Open Burning Fact Sheet International Fire Code What is open burning? Open burning is defined as a fire where any material is burned on the ground or in an open receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney. It also includes campfires. While open burning must be regulated to protect life, property and the environment, by rescinding the ordinance and accepting the language as written in the International Fire Code will still provide restrictions to open burning along with penalties for failure to follow the code. How will rescinding the ordinance effect the community: 0 Will I be able to burn trash and leaves? No. The burning of trash is prohibited (Ord 2071). Only dry, aged, natural wood may be burned in a recreational fire. Burning household waste, construction debris, lumber, vegetation, and materials that produce dense smoke when burned (including tires and roofing materials) are prohibited. 0 Can I purchase an outdoor fireplace at my local hardware store and use it in my backyard? Yes, the use of outdoor fireplaces will be permitted to be used in the backyard as long as they can be kept 15 feet away from any structure or combustible surface. 0 Will I need a permit? The use of outdoor fireplaces will not require a permit. A permit will still be required for bonfires or other types of burning not defined in the fire code. 0 have a respiratory illness and outdoor smoke is coming into my house and making it worse. The fire code does address smoke that is causing a nuisance or health hazard. In this situation the fire code will require that the outdoor burning will be extinguished. The language also defines that if the weather is not acceptable or the burning creates a hazardous condition, open burning can be suspended by the Fire Chief or Fire Marshal Open burning does provide some risk to the community, however with proper guidance and education that risk can be greatly reduced when the existing language of the International Fire Code is followed. A community fact sheet will be made available via the Borough?s website to educate the community regarding open burning. Open BurningFact Sheet Borough of Pottstown Ordinance What is 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. 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. Under the current ordinance: Can I burn trash and leaves? No and Yes. The burning of trash is prohibited (0rd 2071). However, the burning of wastepaper, boxes, rubbish, and debris, yard waste is permitted on private property in furnaces or upon special permit by the Fire Chief. (Note this still requires approval from DEP for burning in an Air Quality Basin) Can I purchase an outdoor fireplace at my local hardware store and use it in my backyard? No. The ordinance specifically limits burning to barbecue grills, stationary fireplaces, bonfires and those requiring a permit. (It is important to note that the language in the ordinance also eliminates burning in stationary fireplaces without a chimney or stack) Do I need a permit? Yes. A permit is required to conduct any type of open burning under the ordinance. I have a respiratory illness and outdoor smoke is coming into my house and making it worse. This language has been removed from the International Fire Code by the ordinance. Therefore, lF a permit was issued there is no language to have the fire extinguished. Commercially made portable fireplaces are prohibited. ORDINANCE NO. 02 5313" 91 AN ORDINANCE OF THE BURGESS AND TOWN COUNCIL OF THE BOROUGH OF POTTSTOWN, AMENDING VARIOUS PROVISIONS OF THE INTERNATIONAL FIRE CODE WITH RESPECT TO REGULATIONS INVOLVING OPEN BURNING. WHEREAS, Borough Council has adopted the International Fire Code, prepared by the International Code Council, with certain amendments and modifications; and WHEREAS, upon recommendation of the Borough Fire Chief and Fire Marshall, Borough Council wishes to amend and further restrict the regulations set forth. in the Code, with respect to open burning, to protect the general health, safety and welfare of the residents of the Borough. NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Burgess and. Town Council. of the Borough of Pottstown, Montgomery County, and it is hereby enacted and ordained by the Authority of same, as follows: SECTION 1. The following definition set forth in Section 302, Definitions, of Chapter 3, General Requirements, of the International Fire Code, are hereby amended and shall provide as follows: ?302. Definitions. An outdoor fire utilized for ceremonial purposes and has a total fuel area greater than three feet (914 mm) and greater in height than two feet (610 mm) and requiring a special permit from the Fire Marshal. 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. 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. 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 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height for ceremonial or cooking purposes. SECTIQN 2. Section 307, Open Burning, Recreatipnal Fires, and Portable Outdoor Fireplaces, of Chapter 3, General Requirements, of the International Fire Code, shall be amended to read as follows: ?307.l 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. ?307.l.l. Prohibited Open Burning. With the exception of barbeque grills, stationary fire places, bonfires, and.specially permitted fires, all open burning shall be prohibited. ?307.2. Permit Required. A. permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a bonfire or recreational fire, or other special permitted fire. .Application for such approval shall only be presented by and permits issued to the owner of the land or authorized representative of the owner, upon which the fire is to be kindled. ?307.2.1. Authorization. Where required.by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions Specified in the authorization are followed. ?307.3. 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. ?307.4. Location. The location for open.burning, permitted.by the fire code official, 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. ?307.4.l. Bonfires. A.bonfire shall only be conducted in accordance with the conditions of permit issued by the fire code official. ?307.4.2. Recreational Fires. Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions which could cause a fire to spread with 25 feet (7620 mm) of a structure shall be eliminated prior to ignition. ?307.4.3. Portable Outdoor Fireplaces. The use (If portable outdoor fireplaces shall be prohibited. ?307.5. Attendance. Open burning, bonfires and recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire?extinguisher complying with Section 906 with a Hdnimum rating 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. SECTIOH 3. In all other respects, the remaining provisions of the Fire Code of the Borough of Pottstown, and the International Fire Code, as amended, to the extent not inconsistent herewith, are hereby reenacted and reordained. SECTION 4. This Ordinance shall become effective immediately upon enactment. ?1 a ENACTED and ORDAINED this g5?, clay of a. .S A.D., 2011. THE BURGESS AND TOWN COUNCIL OF THE BOROUGH OF POTTSTOWN BY: 5% 7?2- /President ATTEST: 2/Luaammx Secretary Ap roved this day of Eu?nsr? A.D., 2011. Mayor 2009 INTERNATION FIRE CODE SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES Section 105.6.30 An operational permit is required for the kindling or maintaining of an open fire or fire on any public street, alley, road or other public or private ground. Exception is recreational fire. Section 302.1 definitions: Bon Fire. An outdoor fire utilized for ceremonial purposes. 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, smudge pots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. 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. 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 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purpose. 307.1 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. 307.1.1 Prohibited open burning. Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. 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. 307.2.1 Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed. 307.3 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. 307.4 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. Exceptions: 1. Fires in approved containers that are not less than 15 feet (45 72 mm) from a structure. 2. The minimum required distance from a structure shall be 25 feet 7620 mm) where the pile size is 3 feet (914mm) or less in diameter and 2 feet (610 mm) or less in height. 307.4.1 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 240mm) of a structure shall be eliminated prior to ignition. 307.4.2 Recreational fires. Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition. 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material. Exception: Portable outdoor fireplaces used at one? and two-family dwellings. 307.5 Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating 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. Summary Members ofthe community are purchasing and using commercially made fireplaces in their backyards. The fire department is responding when notified and enforcing the current ordinance. Open burning does pose a potential risk for fire spread. However, with regulation defined under the International Fire Code the risk is minimized. The International Fire Code provides good direction and oversight in providing appropriate restrictions and direction for open burning. The current ordinance is too restrictive and imposes an over bearing government presence. Something as simple as purchasing a commercially UL listed outdoor portable fireplace for a single family residence is not possible under the ordinance. It is therefore my recommendation that Ordinance 2084 be rescinded in which it changes the specific language of Chapter 3 and allow the original language of the International Fire Code in Chapter 3 section 307 to become the codified ordinance language.