§ 96.02 FIRE PITS.
   (A)   FIRE PITS are either a permanently affixed outdoor fire receptacle or a portable fire receptacle.
   (B)   FIRE PIT REGULATIONS. Regulations governing the use of fire pits and outdoor fireplaces to insure safety, prevent fires and minimize nuisance to neighbors.
   (C)   OUTDOOR FIREPLACE. An enclosed and permanently affixed outdoor fire receptacle, which incorporates affixed chimney or flue, and is constructed of brick, rock or other masonry.
   (D)   The use of fire pits and outdoor fireplaces (collectively “fire pits” hereafter) are to conform to the following regulations:
      (1)   Burning shall be contained in a non-combustible receptacle that is sufficiently vented to induce adequate combustion and have enclosed sides and a bottom. Receptacle shall be made of cement, brick, clay or sheet metal with a minimum 18 gauge thickness.
      (2)   The fire box must be covered with heavy gauge metal screen with openings not larger than 1/2 inch to contain sparks.
      (3)   The size of the box shall not exceed 40 inches in any dimension.
      (4)   The fire pit must be located a minimum of 20 feet from any combustible material, such as buildings, porches and decks.
      (5)   The use of the fire pit shall not cause any building fire alarm system to activate.
      (6)   Fire pits cannot be placed on combustible decks or apartment balconies.
      (7)   Fire pits must be situated on a non-combustible surface.
      (8)   Fire pits shall be clear of overhangs, such as tree branches, utility lines and structures, including tents and canopies.
      (9)   Fire pits must be attended and supervised by a competent adult property owner/resident/tenant until the fire has been completely extinguished. A legal resident/tenant of a property may use a fire pit in accordance with this section as long as the property owner or assigned management company grants written permission to the legal resident/tenant.
      (10)   Any person who uses a fire pit shall have means of extinguishing the fire readily accessible at all times (garden hose nearby, 10# Class ABC fire extinguisher).
      (11)   The only permitted fuels are charcoal, seasoned fire wood or manufactured logs.
      (12)   Materials that cannot be burned include, but are not limited to: waste including rubbish or scrap, slimes, manure, treated or painted lumber, livestock or animal carcasses, tailings, garbage, garden refuse or scrap, any hazardous material or dangerous good, or any material that generates black smoke or an offensive odor, including insulation from electrical wiring, rubber tires, asphalt shingles, hydrocarbons, plastics and lumber treated with wood preservatives.
      (13)   Fire pits must be extinguished if smoke causes an unreasonable interference with the use and enjoyment of another person’s property.
      (14)   Fire pits shall not be used in windy conditions where wind speed exceeds 15 miles per hour.
      (15)   In the event the Fire Chief, County Commissioners, or State Fire Marshal issues a burn ban, the use of the fire pits will be prohibited.
      (16)   Paper or petroleum products can be used for ignition purposes only.
      (17)   The fire shall be extinguished upon the conclusion of the activity.
(Ord. 2016-12, passed 10-12-2016)