(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIXED OUTDOOR FIREPLACE. An outdoor, solid-fuel-burning fireplace that is intended to be permanent in nature and fixed in location. Such fireplaces are commonly constructed of stone or masonry units.
PERSON. Any individual, firm, partnership, corporation, association, public or private institution, political subdivision or government agency.
PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.
(B) Purpose. The purpose of this section is to regulate outdoor burning in order to protect the public from the hazards of uncontrolled fires and pollution. This section shall not be construed to apply to:
(1) Approved gas-fueled appliances used in accordance with their manufacturer’s instructions and any other applicable laws.
(2) Fixed outdoor fireplaces provided such fireplaces are constructed and utilized in accordance with the standards for chimneys and fireplaces contained in the North Carolina State Building Code and any other applicable laws.
(3) Open burning for land clearing or right-of-way maintenance as provided for in the North Carolina Administrative Code under 15A NCAC 02D, provided that North Carolina State Law and any other applicable laws are adhered to, including the requirement for a burn permit. Burn permit compliant with this section must be obtained from the fire official of the town.
(C) Standards. No person shall willfully burn or cause to be burned any fire within the corporate limits of town, unless the following criteria are met:
(1) Attendance. Any fire shall be constantly attended until the fire is extinguished.
(2) Extinguishment capability. Extinguishment capability shall be provided in accordance with the provisions of the North Carolina State Fire Code.
(3) Location. Fires shall be sited in accordance with the provisions of the North Carolina State Fire Code.
(4) Enclosure. Fires shall be surrounded by a non-combustible enclosure, such as a rock-rimmed fire pit or a pre-manufactured enclosure such as a portable outdoor fireplace. Standards for other than approved pre-manufactured enclosures shall be as follows:
(a) The enclosure shall have non-combustible walls of at least six inches, provided that the height of the fuel materials within the enclosure may be no greater than the height of the walls at the time the fire is ignited.
(5) Conditions. Conditions which could cause a fire to spread shall be eliminated prior to ignition.
(6) Materials permitted to be burned as fuel. Only natural, unprocessed fuels [i.e. unprocessed, natural wood, sticks (kindling) and bark] shall be burned as fuel. No other fuels are permitted.
(7) Open fires. No open fires shall be permitted when prohibited by local, state, or federal law such as during burning bans.
(D) Enforcement. In addition to the general penalties provided in § 11.01, the following shall apply to violations of this section:
(1) Fires in violation of this section shall be required to be immediately extinguished or brought into compliance.
(2) The Town Manager or designee charged with enforcing this section shall have the authority to extinguish fires or abate hazards related to this section.
(1989 Code, Title VI, Ch. 69) (Ord. passed 11-12-2006; Ord. 2014-04, passed 4-8-2014; Ord. 2015-07, passed 11-10-2015) Penalty, see § 90.99