08/06/2026
Burning for Upper Tyrone Township is Wednesdays and Saturdays ONLY.
We have been receiving numerous complaints for fires on days not permitted and during the night. Burning is only permitted on days stated above unless otherwise announced. Also, residential garbage is NOT permitted to be burned. Please read below:
AN ORDINANCE OF UPPER TYRONE TOWNSHIP, FAYETTE COUNTY, PENNSYLVANIA, REPEALING ORDINANCE NO. 106 AND REGULATING AND RESTRICTING OUTDOOR FIRES WITHIN THE TOWNSHIP, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF.
Section 1: Title.
This ordinance shall be known as the Upper Tyrone Township Burn Ordinance.
Section 2: Public Policy.
It is against public policy to permit uncontrolled and unrestricted outdoor burning. The purpose of this Ordinance is to prevent needless public damage to life and property because of public and private nuisances caused by outdoor fires deliberately or carelessly set and maintained.
Section 3: Definitions
1. BURNING PERMIT. A permit to kindle or maintain such open fires or other fires. The permit shall be issued, for the Board of Supervisors, by the Township Secretary upon application, thereof made to the Secretary or a designated person. A Burning Permit is valid for one (1) day only.
2. CONTAINED FIRE. Any fire contained in an incinerator, fireplace or other contained enclosure designed for outdoor cooking, or a fireproof container.
3. CONTROLLED FIRE. Any fire not included in the definition of Contained Fire .
4. FURNACE. Any enclosed device specifically designed for burning any material for the production of heat.
5. GARBAGE. All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
6. INCINERATOR/NON COMBUSTIBLE CONTAINER. Any device specifically designed for the destruction by burning of refuse, sewage sludge, or any combustible material.
7. OPEN FIRE. A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
8. PERSON. Any individual, partnership, association, corporation, department, bureau, agency or legal entity.
9. REFUSE. Garbage, rubbish and trade waste.
10. RESPONSIBLE ADULT. An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.
11. RUBBISH. Solids not considered to be highly flammable or explosive, including but not limited to, rags, old clothes, leather, rubber, carpets, excelsior, ashes, furniture, tin cans, glass, crockery, masonry, plastics, recyclable items, and other similar items.
12. SALVAGE OPERATIONS. 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.
13. TRADE WASTE. All 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, and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, that trade waste shall not include any coal refuse associated with mining or preparation of coal.
Section 3: Regulations
1. It shall be unlawful to burn, ignite, incinerate, maintain or permit to burn any materials whatsoever, of whatever nature, without complying with this Ordinance.
2. No person shall burn or cause to be burned any paper, boxes, rubbish, leaves or any other kind of substance, nor shall any person or persons set or maintain any uncontained fire, or burn or cause to be burned an uncontained fire of any substance or material of any kind, out-of-doors, anywhere in the Township of Upper Tyrone except during the following time specifications:
Wednesday from 9:00 a.m. to 7:00 p.m.
Saturday from 9:00 a.m. to 7:00 p.m.
3. No person shall set start, feed, permit to burn or maintain any fire upon any of the streets, sidewalks, alleys or public grounds in Upper Tyrone Township, except where a designated area has been set aside or reserved for this purpose and an appropriate container has been provided to contain such fire.
4. Every contained fire or controlled burn shall be built in and confined to a non-combustible container covered with a screen of 1/2 inch or smaller mesh, or with other suitable non-combustible cover, except for fires of leaves, brush, and/or natural, untreated wood which need not be confined to or covered by a non-combustible container, and shall not be permitted closer than twenty-five (15) feet from any building or any property line.
5. A Burning Permit is required for all burning to occur at any times other than those specified in the above paragraph. The Burning Permit is valid for one (1) burn only. The cost of the permit fee shall be set by resolution of the Board of Supervisors.
6. The following are exceptions:
a. Fire used for the burning of waste generated by clearing and grubbing prior to construction, as long as smoke odors, ash, or sparks and embers do not cross onto other properties;
b. Fire set in conjunction with the production of agricultural commodities in their un-manufactured state on the premises of the farm operation;
c. Fire set solely for recreational or ceremonial purposes, or used only for cooking;
d. Fire set for the prevention and control of disease or pests;
e. Fire used as a management technique for preventing wildfires, scientific research, or vegetation management.
f. All fires shall be attended to at all times by a responsible adult with readily available means of extinguishing the fire.
7. Fire must be extinguished thoroughly with no smoldering.
8. No burning is allowed during a Fire Ban Emergency, as proclaimed by Fayette County Emergency Management or Upper Tyrone Township Board of Supervisors.
Section 4: Unlawful Substances
1. Burning of construction debris, aerosol cans, shingles, tires, by-products of manufacturing and processing operations and Wastes from commercial operations is strictly prohibited.
2. Nothing herein shall be construed to permit or encourage the burning of any substance determined by the Commonwealth of Pennsylvania or the United States Environmental Protection Agency to be a “hazardous substance” ; nor shall any fire be permitted to burn by any persons if such burning is in violation of the Air Pollution Control Act or other legislation by the
Commonwealth of Pennsylvania or the United States of America or any of their legislative agencies.
3. Fires shall be used only to burn readily combustible materials.
Section 5: Fire Ban Emergency
1. The Board of Supervisors may declare a fire ban emergency in Upper Tyrone Township with or without consultation with the fire chiefs of the volunteer fire companies operating within the Township during period of drought, or other periods of high fire risk to woodlands or property within Upper Tyrone Township.
2. Upon the Board of Supervisors declaring a fire ban emergency, all outdoor burning or fires shall be prohibited until the ban is lifted by the Board of Supervisors.
3. The Township shall publish a notice of the fire ban emergency at least once in a local newspaper of general circulation. In addition, the Township may issue news releases to all communication media, including radio, television and newspapers.
Section 6: Penalties
1. It shall be unlawful to burn, ignite, incinerate, maintain or otherwise permit the burning of any materials whatsoever without complying with the requirements of this Ordinance.
2. Any person who shall violate any of the provisions of this Ordinance shall, upon conviction in a summary proceeding brought in the name of the Township, before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not more than $100.00, and the costs of prosecution, and in default of payment, to imprisonment for a term of not
to exceed 10 days. Each violation shall constitute a separate offense, for which a summary conviction may be sought.
3. In the case of a fire requiring fire fighters and/or equipment and upon conviction of any violation of this Ordinance, the violator shall also pay charges in order to cover the fire fighting costs.
4. No penalty herein shall prevent the Township from enforcing this Ordinance by equitable, injunctive and other remedies.
Section 7: Repealer
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
Section 8: Severability
If any sentence, clause, section, or part of this ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. It is hereby declared as the intent of the Board of Supervisors that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
Section 9: Municipal Liability
The Board of Supervisors, and its agents, officials, and representatives, shall not under any circumstances be liable or responsible for damages caused to any person or property by reason of the issuance of any permit under the provisions of this Ordinance, or by reason of the conduct of any burning activity in compliance or noncompliance with the terms and provisions hereof. The person, persons, company or companies responsible for any such fire and the permit holder shall bear sole liability for any damages caused as a result thereof.
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