Sellersville council passes new restrictions on outdoor fire pits

By Eric Fitzsimmons
efitzsimmons@montgomerynews.com
@efitzsimmons08 on Twitter

SELLERSVILLE >> An outdoor burning ordinance restricting what can be burned, requiring protective screens and establishing boundaries between fire pits and neighboring properties was passed at the Aug. 10 Sellersville Borough Council meeting.

“The main difference now is having screening of some sort to catch any embers that might fly and to change what could be burned because there was too much trash and things like that which created a smoke issue and created an issue as far as potential fire hazards,” council President Robert Rudick said.

The discussion began during the May council meeting at which two residents brought concerns about smoke entering their homes and yards, in one case agitating a health concern and causing a nuisance.

According to Rudick, the existing ordinance had already established a boundary between the fire pit and structures, but the new ordinance also requires a fire pit be 20 feet from the property line, which makes it similar to other restrictions on the building of structures.

Councilwoman Kathleen Hallman said the boundaries apply only to new fire pits; existing pits would be permitted to remain where they stand now.

It also places a limit on what can be burned. According to Rudick, trash, paper and other waste had been permitted, but burning in recreational pits will now be limited to clean wood, with grills and other cooking appliances falling under a separate part of the code.

Another part of the borough code was brought up during the citizen participation segment when Tim Baker, of Surrey Court, produced a letter the borough had sent him and several neighbors ordering the removal of basketball nets facing the street, a violation of the code, which prohibits the playing of basketball or hockey on a public road in town.

Baker’s contention that the term “thoroughfare” used in that section of the code did not apply to his street because a thoroughfare is commonly defined as being open on both sides and Surrey Court is a cul-de-sac and open at only one end.

This was refuted by Rudick, who pointed out the section of the code that contains definitions and includes one for thoroughfare, which he read, saying it applied to “any street road or highway” maintained by the borough or state and used primarily for automobile traffic.

Baker was joined by Matt Goodwin, a neighbor who had also received the letter. Goodwin said he had helped put up the first basketball hoop there 20 years ago and they had not received any complaints and there had not been any incidents occurred in that time.

Not every violation is caught and Borough Manager David Rivet said the letters came about while he was investigating an unrelated concern and noticed the basketball hoops facing the road.

Rudick said the council could not make an exception as the code currently stands. He said it could consider a change to the ordinance if Baker wanted to suggest that, but cautioned that the council would still have to consider factors such as safety and potential litigation in the case of an injury. It would take a look at the code, but it might decide against amending it.

Baker said he would like to see an amendment considered making an exception for cul-de-sacs.