§ 92.33 USE OF OUTDOOR FIREPLACES.
   (A)   Definitions.
      CHIMINEAS. An outdoor patio fireplace, usually made from clay, intended to confine and control outdoor wood fires.
      GAS FIRE PITS. Being commercially designed and intended to confine and control outdoor patio fires that use natural gas or liquid propane (LP) as fuel and shall not be used for cooking nor used with wood, charcoal or any other flammable material.
      OUTDOOR FIREPLACES.
         (a)   Includes portable fire pits, gas fire pits, chimineas, and fire rings. These OUTDOOR FIREPLACES use wood, natural gas, or liquid propane as fuel and are used for contained recreational fires for personal enjoyment.
         (b)   OUTDOOR FIREPLACES do not include barbeque grills or smokers that use propane, charcoal, wood chips, pellets, or other flammable material as fuel and used primarily for outdoor cooking.
      PORTABLE FIRE PITS. Being commercially designed and intended to confine and control outdoor wood fires.
   (B)   Outdoor fireplace requirements. All outdoor fireplaces shall meet the following requirements:
      (1)   Construction. The construction and use of outdoor fireplaces that use wood as fuel 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. A steel screen is recommended but not required on the vent stacks and chimneys. Fire fuel areas shall be covered with 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 similar constructed devices.
      (2)   Size. The fuel area for a fire pit shall not be larger than three feet in diameter and a height of more than two feet. Any larger fuel area will need prior approval from the city.
      (3)   Location. Outdoor fireplaces shall be placed on stable non-combustible surface such as a concrete pad. All outdoor fireplaces shall be placed on a firm, non-combustible surface while in use and shall be 15 feet from the property line and ten feet from the nearest structure. Outdoor fireplaces shall not be located on combustible balconies or decks or on any balcony above the first floor. Outdoor fireplaces shall not be located under any combustible balcony or any overhanging part of a structure.
   (C)   Types of materials being burnt. Outdoor fireplaces shall only burn commercial logs and untreated wood; natural sawn dry wood will be allowed to be burned. 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 shall not be permitted. The material being burnt cannot exceed the width of the fire ring.
   (D)   Amount of materials being burnt. The amount of material being burnt shall be limited to ensure the flames are confined inside the fuel area of the outdoor fireplace and 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.
   (E)   Supervision. Outdoor fireplaces shall be under constant supervision by at least one responsible person of age 18 years or older from the ignition of the fire until the fire is completely extinguished and embers are cool and the fire will not rekindle. Supervision further requires that the person(s) be near enough to continually see and observe the fireplace.
   (F)   Provisions for protection. A garden hose connected to a water supply or other approved fire extinguishing equipment shall be readily available for use.
   (G)   Wind and weather conditions. Outdoor fireplaces shall not be operated when winds are blowing over ten miles per hour and wind directions will cause smoke, embers, or other burning materials to be carried by the wind toward any building or other combustible materials. Outdoor fireplaces shall not be operated when weather conditions are extremely dry.
   (H)   Maintenance. The owner is responsible to ensure proper maintenance and care is accomplished in accordance with manufacturer's instructions. The outdoor fireplace will be checked regularly for the appearance of cracks and other physical deterioration or loose parts.
   (I)   Smoke nuisance. Smoke from any outdoor fireplace shall not create a nuisance for neighboring property owners. Outdoor fireplace use will be immediately discontinued if the use of the outdoor fireplace is determined by law enforcement to constitute a hazardous or unpleasant condition to occupants of surrounding property.
   (J)   Penalty. Any person violating any provision of this section for which no specific penalty is prescribed shall be subject to § 10.99
(Ord. 810, passed 10-3-2017)