(A) Recreational Fire Restrictions.
(1) It is the intent of the City of Crestview Hills, Kentucky that all citizens, property owners and renters shall have the opportunity to have recreational fires at single and multi-family dwellings provided that such recreational fires are in compliance with the requirements and restrictions relating to recreational fires. It is further the intent of the City of Crestview Hills, Kentucky that the Police Department, the Fire Department and any Code Enforcement Officer shall enforce these requirements/restrictions so as to insure that such recreational fires do not become a public nuisance or compromise public safety.
(2) A recreational fire is a fire that meets the requirements/restrictions laid out in this section of the City of Crestview Hill's ordinances. If the fire does not meet the requirements and restrictions of a recreational fire, outdoor cooking fire, or unrestricted fires, then it is deemed a bonfire and subject to permit requirements and restrictions under § 93.41.
(3) Portable fire pits, chimaeras, patio hearths, fire tables and other similar devices shall be elevated from the ground and shall be fabricated from steel, concrete, clay, or similar materials. Permanent fire pits shall be dug into the ground and shall comply with the provisions of this section governing such pits.
(4) Recreational Fire Requirements and Restrictions.
(a) The residential fire must be fueled by seasoned (i.e. not green) firewood, charcoal, natural gas, propane, or other clean burning fuel, with emissions equal or less than that created by seasoned firewood and all devices must be based upon a non-combustible surface, or a surface protected by a fire retardant mat designed specifically for this purpose.
(b) Material used to make a recreational fire cannot include construction materials, plastics, trash or rubbish.
(c) The recreational fire's total area (i.e. fuel area, firebox, or other center area of a fire pit where fuel is placed) can be no more than three (3) feet in diameter, height, or width: and no higher than three (3) feet, measured from the location upon which the wood or other fuel source is placed upon the top of the wood or other fuel source. No burning firewood or other burning fire fueling material shall extend outside the fire pit.
(d) Recreational fires shall not be located within twenty-five (25) ft. of a structure or combustible material unless contained in an approved manner.
(e) The means for extinguishing any fire must be kept immediately available at all times when a recreational fire is burning.
(f) No recreational fire shall be started or allowed to continue burning when the wind directed or wind speed will cause embers or other burning material to be carried onto any building or combustible material; nor any time that wind direction will carry smoke into the open windows of any building. Smoke from any recreational fire shall not create a nuisance for neighboring properties and fires shall be completely extinguished when a police officer, fire department member, or Code Enforcement Officer determines a nuisance is present or the fire otherwise compromise public safety.
(g) If a permanent fire pit is used, the construction and use of the permanent fire pit shall, in addition to the above requirement, comply with the following additional requirements:
1. The diameter, width, and height of the pit opening or base upon which the fuel material is placed shall not exceed three (3) feet:
2. The depth of the pit shall be at least one (1) foot:
3. The stop of the rim of the pit shall be lined with rock, concrete brick, steel, or other non-combustible material designed and of a sufficient width to stop the spread of fire.
(B) Outdoor Cooking Fire Restrictions. Outdoor cooking over a fire contained in a device or structure designed for such use is permitted but subject to the following requirements/restrictions:
(1) Material used to make a cooking fire cannot include construction materials, plastics, trash or rubbish.
(2) All cooking devices must be in good working condition to prevent the possible spread of the fire.
(3) For all multi-family dwellings the use and/or storage of any portable cooking device, except listed electric powered cooking devices, including any portable fireplaces is strictly prohibited on any balcony or under any overhanging portion or within ten (10) feet of any structure. The definition of a multi-family dwelling shall mean a single structure containing three (3) or more dwelling units, regardless of whether such units are rented or owned as a condominium or other form of ownership.
(4) No cooking fire shall be started or allowed to continue burning when the wind direction or wind speed will cause embers or other burning material to be carried onto any building or combustible material; nor any time that wind direction will carry smoke into the open windows of any building. Smoke from any cooking fire shall not create a nuisance for neighboring properties and fires shall be completely extinguished when a police officer, Fire Department member, or Code Enforcement Officer determines a nuisance is present or the fire otherwise compromises public safety.
(5) A fire shall be deemed a recreational fire and not a cooking fire and thus subject to the requirements and restrictions of recreational fires, if, in the opinion and judgment of a member of the Police Department, Fire Department or Code Enforcement Officer, the primary use of the fire is recreational in nature and not for cooking.
(C) Unrestricted Fires.
(1) The following devices that involve an open fire or flame may be used without restrictions as long as they are used in a safe manner and the use follows the recommended manufacturer's guidelines: The burning and/or use of: lighters, matches, candles, lanterns, lamps, grills, insect repellant torches, tiki type torches, cigarettes, cigars, and/or braziers, or any other similar devices.
(2) Fires that are lit and burned in an approved furnace or fireplace within an enclosed building are unrestricted and permitted.
(D) Nuisance Orders. Members of the Police Department, Fire Department, and any Code Enforcement Officer are authorized and shall issue orders to any individual or property owner to immediately extinguish any fire, however classified, including, without limitation, a recreational fire, cooking fire, unrestricted fire, or bonfire deemed to be a nuisance or that otherwise compromises public safety. Members of the Police Department of the Fire Chief, any Assistant Fire Chief, or any designee of the Fire Chief, in the event of a second or subsequent call concerning a recreational fire at a particular address or types of fires specified in the orders or permitting additional fires or types of fires specified in the orders with such conditions or restrictions deemed appropriate, for either an indefinite period of time or for a specific period of time specified in the order. Appeal of such orders may be had to the Fire Chief by delivering notice of that appeal to the Fire Chief, who may uphold the order, rescind the order, or modify the order as deemed appropriate in the Fire Chief’s reasonable judgment. Provided a citation has been issued an additional appeal may be submitted to the Code Enforcement Board, who may uphold the order, rescind the order, or modify the order. No person shall violate any order issued under this section.
(E) Penalty. The penalties for any violation of this section shall be as set forth in § 93.99. In addition to the foregoing penalties, any person who fails to maintain a fire in accordance with the applicable City of Crestview Hills Code of Ordinances or negligently allows such a fire to burn out of control shall pay any and all costs incurred by the City of Crestview Hills or any other municipality responding under mutual-aid for any fire, police ambulance or other related services provided as a result of the party's failure to comply with this section.
(Ord. 2009-12-1, passed 1-14-10)