(A) The use of outdoor fireplaces within the corporate limits and the one mile zoning jurisdiction of the village shall be subject to the provisions of this section.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIMINEA. An outdoor fireplace, usually made from clay, intended to confine and control outdoor wood fires.
OUTDOOR FIREPLACES. Use wood as a fuel for the purposes of personal enjoyment. OUTDOOR FIREPLACES shall include portable fireplaces and chimineas. OUTDOOR FIREPLACES do not include barbecue grills that use propane or charcoal as a fuel and are used primarily for outdoor cooking.
PORTABLE FIREPLACE. Being commercially designed and intended to confine and control outdoor fires.
(C) All outdoor fireplaces shall meet all of the following requirements.
(1) Clearances. A minimum ten-foot clearance shall be maintained between the outdoor fireplace and combustible walls, roofs, fences, decks and other combustible material.
(2) Construction. Outdoor fireplaces shall be constructed of concrete or other approved non-combustible materials. 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 or 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 or as approved by the Fire Chief. Fire fuel areas shall be covered with a steel screen cover made by heavy wire mesh or other non-combustible material with openings not larger than one-half inch square. Barrel, half-barrels, drums or other similarly constructed devices are expressly prohibited.
(3) Size. The fuel area shall not be larger than three feet in diameter and a height of not more than two feet.
(4) Location. Outdoor fireplaces shall be placed on a stable non-combustible surface such as a concrete pad. Outdoor fireplaces shall not be located on combustible balconies or on any balcony above the first floor that is attached to a multiple-family dwelling of three or more living units located one above the other. Outdoor fireplaces shall not be located under any combustible balcony or any overhanging part of a structure attached to a multiple-family dwelling of three or more living units.
(5) Type of materials being burned. Only untreated wood or commercially-manufactured starter logs shall be burned in any outdoor fireplaces. Petroleum products, rubbish, grass, leaves, cardboard, plastics, rubber or any material that may flow out of the containment or cause excessive heat, smoke or offensive smell, is expressly prohibited.
(6) Amount of materials being burnt. The amount of material being burned at any one time shall be limited to ensure the flames are confined inside the fuel area of the outdoor fireplace and that they do not extend into the chimney or above the chimney. The manufacturer’s recommendations as to the maximum amount of fuel to be used at any one time shall be strictly observed.
(7) Supervision. Outdoor fireplaces shall be under constant supervision by at least one responsible person of age 18 years or older from the time of ignition of the fire until the fire is completely extinguished and the embers have cooled to the fire will not rekindle.
(8) Provisions for protection. A garden hose connected to a water supply or other approved fire extinguishing equipment shall be readily available for use.
(9) Wind and weather conditions. Outdoor fireplaces shall not be operated when winds are blowing over ten mph and wind direction is such that smoke, embers or other burning materials may be carried toward any building or other combustible materials. Outdoor fireplaces shall not be operated when weather conditions are extremely dry.
(10) Maintenance. The property owner is responsible to ensure proper maintenance and care is accomplished in accordance with the manufacturer’s instructions and recommendations. The property owner shall regularly check the outdoor fireplace for the appearance of cracks, other physical deterioration or loose parts.
(11) Discontinuance. The property owner shall prevent any smoke from creating a nuisance to neighboring property owners and/or interfering with their peaceful enjoyment of their property. The fire shall be extinguished immediately upon the complaint of a neighboring property owner as to the existence of a smoke nuisance. The Fire Chief is authorized to require outdoor fireplace use to be immediately discontinued if the Fire Chief determines that the continued use constitutes a potential or actual hazardous condition to property or persons.
(1997 Code, § 7-211) (Ord. 03-2016, passed 1-12-2016) Penalty, see § 91.99