It shall be unlawful for any individual or entity to start, maintain, or permit any fire to exist in the Village of Bald Head Island except as shall be specifically permitted by the director of public safety pursuant to section 12-54 and only to the extent and under the conditions set forth on the permit. The following fires shall be exempt from the provisions of this division:
(1) Cooking fires contained within a commercially available, solid-fuel burning, portable, outdoor cooking appliance, but only to the extent that such portable appliance shall be located at least ten (10) feet from any structure and within twenty-five (25) feet of a permanent water source connected to a hose that is able to reach the location of the appliance, and shall not be located upon any wood or composite deck or balcony attached to such structure or underneath any roofed structure, including any porch, awning, or balcony overhang of a structure;
(2) Fires, including those used for cooking and warmth, that burn liquefied petroleum gas (LP), but only to the extent that such fires are not located underneath any roofed structure, including any porch, awning, or balcony overhang of a structure;
(3) Cooking fires contained within a stationary, solid-fuel burning, outdoor cooking appliance that is installed as part of an outdoor living or recreational space constructed in conformance with the requirements of the Building Code, or that was constructed in conformance with the Building Code on the date of construction if such date was prior to June 27, 2018;
(4) Fires that are primarily for the purpose of generating warmth that are contained within a commercially available, solid-fuel burning, portable fire pit, table, or similar appliance that has a solid or screened enclosure that can be placed over the top of the appliance to prevent embers or other burning material from escaping while the appliance is in use, but only to the extent that such appliance shall be located at least ten (10) feet from any structure and within twenty-five (25) feet of a permanent water source connected to a hose that is able to reach the location of the appliance, and shall not be located upon any wood or composite deck or balcony or underneath any roofed structure, including any porch, awning, or balcony overhang of a structure; and
(5) Fires that are primarily for the purpose of generating warmth within or on an outdoor living or recreational space attached to a residential or commercial structure that are constructed and contained entirely within a stationary fireplace or fireplace stove that conforms with the requirements of the Building Code, or that was in conformance with the Building Code on the date of construction or installation if such date was prior to June 27, 2018.
All fires permitted under Section 12-54 or exempted from the provisions of this division pursuant to this section shall be attended by a person eighteen (18) years of age or older while in use. No fire may be left unattended at any time. All fires must be fully extinguished with water, sand or another appropriate material, or if fueled by flammable gases or liquids, turned off or the fuel source disconnected, when not in use.
(Ord. No. 31, § 1, 11-16-1991; Ord. No. 2001-040, § 1, 10-26-2001; Ord. No. 2001-048, § 1, 11-17-2001; Ord. No. 2005-005, § 1, 5-20-2005; Ord. No. 2013-0501, 5-17-2013; Ord. No. 2017-06-16, 6-16-2017; Ord. No. 2018-0603, 6-27-2018)
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*State Law Reference—Authority to abate public health nuisances, G.S. 160A-193.