As used in this title, unless the context requires otherwise, the following definitions apply:
FIRE CODE OFFICIAL: | The Fire Chief or the Fire Chief's designee charged with the administration and enforcement of the International Fire Code. |
OPEN BURNING: | The burning of materials in an unenclosed space (i.e. open fields, wildland urban interface) wherein products of combustion such as trees, brush, grass, and weeds are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots, or similar devices associated with safety or occupational uses typically considered open flames, recreational fires, or use of portable outdoor fireplaces. A chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues, or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. |
RECREATIONAL FIRE: | An outdoor fire burning materials not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit, which has a total fuel area of three feet (3') or less in diameter and two feet (2') or less in height. This kind of fire includes ordinary campfires and other small fires, and is not meant to be used for burning trees, brush, or grass. Burning of trash or rubbish is prohibited. |
(Ord. 3303, 11-7-2022)
A. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning or within the City of Helena unless conducted in accordance with the conditions of a permit issued by the Fire Code Official and in accordance with the provisions of this ordinance.
B. A permit shall only be issued to the owner of the land upon which the fire is to be kindled, or alternatively, to the landowner's agent.
(Ord. 3303, 11-7-2022)
A. All fires must be constantly attended until extinguished. A minimum of one portable fire extinguisher (five pounds (5 lbs.) or larger) with a minimum four (4)-A rating or other on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose, or water truck, must be available for immediate utilization.
B. If any fire grows outside the confined or intended area, the person responsible for the fire, homeowner, and/or permit holder may each be held liable for suppression costs and damages and other civil and criminal penalties as allowed by law.
(Ord. 3303, 11-7-2022)
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