(A) Restrictions. Except for barbecue grills that use propane or charcoal as fuel and are used primarily for outdoor cooking; decorative lanterns or lamps; and/or outdoor fireplaces as defined in division (B) below, it shall be unlawful to start or maintain a fire within the city outside of a building.
(B) Outdoor fireplaces. OUTDOOR FIREPLACES shall include portable fire pits, chimineas and fire rings. These outdoor fireplaces use wood as a fuel and are used for contained recreational fires for the purpose of outdoor cooking and personal enjoyment. PORTABLE FIRE PITS are defined as being commercially designed and intended to confine and control outdoor wood fires. CHIMINEAS are further defined as an outdoor patio fireplace, usually made from clay, intended to confine and control outdoor wood fires. All outdoor fireplaces shall meet the following requirements.
(1) The fire fuel area and openings shall be completely enclosed by steel screening or an approved non-combustible screening material with openings in screening to be not larger than one-half inch square. Vent stacks and chimneys shall have a steel screen cover made of heavy wire mesh or other non-combustible material with openings not larger than one-half-inch square. Not permitted are barrels, half-barrels, drums or similarly constructed devices.
(2) The fuel area for a fire pit shall not be larger than three feet in diameter and a height of more than two feet.
(3) All outdoor fireplaces will be placed on a firm, non-combustible surface while in use and shall be at least 15 feet from the property line and ten feet from the nearest building structure or combustible fence. Outdoor fireplaces shall not be located on balconies or decks. Outdoor fireplaces shall not be located under any combustible balcony or any overhanging part of a structure.
(4) Outdoor fireplaces shall only burn propane, commercial logs, untreated wood or natural sawed dry wood. Petroleum products, rubbish, grass, leaves, cardboard, plastics, rubber or any material that causes excessive heat, smoke or offensive smell shall not be permitted.
(5) The amount of material being burned shall be limited to ensure the flames are confined inside the fuel area of the outdoor fireplace and shall provide the flames do not extend into the chimney or above the pit. The manufacturer’s recommendation on the maximum amount of fuel to be used at one time shall be followed.
(6) Outdoor fireplaces shall be under constant supervision by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished and embers are cool and the fire will not rekindle.
(7) A garden hose connected to a water supply or other approved fire extinguishing equipment shall be readily available for use.
(8) Outdoor fireplaces shall not be operated when winds will cause embers or other burning materials to be carried to any building or other combustible materials. Outdoor fireplaces shall not be operated when weather conditions are extremely dry.
(9) The owner is responsible to ensure proper maintenance and care in accordance with manufacturer’s instructions. The outdoor fireplace should be checked regularly for the appearance of cracks and other physical deterioration or loose parts.
(10) Smoke from any outdoor fireplace shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately if declared to be a nuisance as determined by responding fire personnel or law enforcement officers.
(Prior Code, § 91.20) (Ord. 11-31, passed 10-3-2011) Penalty, see § 10.99