The term OUTDOOR FIREPLACES shall include fire pits and portable fire pits. These residential outdoor fireplaces use wood as a fuel and are used for contained recreational fires located at a private
residence for the purpose of outdoor cooking and personal enjoyment. Fire pits are usually constructed of steel, concrete and/or stones and constructed above or below ground with a heavy steel screen cover. Portable fire pits are defined as being commercially designed and intended to confine and control outdoor wood fires. Outdoor fireplaces do not include barbeque grills that use propane, charcoal or any other fuel used primarily for outdoor cooking. Outdoor fireplaces also do not include Chimineas. Chimineas are defined as an outdoor patio fireplace, usually made from clay, intended to confine and control outdoor wood fires. All outdoor fireplaces shall meet the following requirements:
(A) Clearances. A minimum ten foot clearance shall be maintained between the outdoor fireplace and combustible walls, roofs, fences, decks, and other combustible material. Permanent fire pits being constructed prior to adoption of this section are removed from this requirement.
(B) Construction. Outdoor fireplaces shall be constructed of concrete or approved non-combustible materials. The fire fuel area and openings shall be completely enclosed by a steel screening (spark guard) or an approved non-combustible screening material with openings no greater than one-half inch square. Not permitted are barrels, half-barrels, drums or similarly constructed devices.
(C) Size. The fuel area for a fire pit shall not be larger than four feet in diameter and a height of more than three feet.
(D) Location. Outdoor fireplaces shall not be located on combustible balconies or decks and shall not be located under any combustible balcony or any overhanging portion of a structure.
(E) Type of materials being burnt. Materials allowed by this section shall be limited to untreated wood or approved fireplace starter logs. 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.
(F) Amount of material being burnt. Users must:
(1) Limit the amount of material being burnt to ensure the flames are confined inside the fuel area of the outdoor fireplace and the flames do not extend above the pit; and
(2) Follow the manufacturer's recommendation on the maximum amount of fuel to be used at one time with spark guard in place.
(G) Supervision. Outdoor fireplaces shall be under supervision by at least one responsible person of age 16 or older from the ignition of the fire until the fire is completely extinguished and embers are cooled so as to prohibit the fire from rekindling.
(H) Provisions for protection. A garden hose connected to a water supply or other approved fire extinguishing equipment, such as a bucket of water, shall be readily available for use.
(I) Wind and weather conditions. Outdoor fireplaces shall not be operated when winds are blowing over 20 miles per hours and wind direction 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 operating when weather conditions are extremely dry.
(J) Maintenance. The owner is responsible to ensure proper maintenance and care is accomplished in accordance with manufacturer's instructions.
(K) Discontinuance. Smoke from any outdoor fireplace shall not create a nuisance for neighboring property owners. The Fire Chief and/or his designee is authorized to require outdoor fireplace use to be immediately discontinued if the use of the outdoor fireplace is determined by the chief to constitute a hazardous condition to the occupants of surrounding property.
(L) Permit. A site plan showing the location of any above or below ground fire pit on the property and a detailed drawing of the construction of the fire pit, including measurements, shall be submitted to the Building Inspector for review. Upon approval, a permit will be issued. Utility locations must be obtained and accounted for prior to approval of any fire pit construction. No fire pit or similar above or below ground structure shall be permitted which may interfere with any utility. A permit will not be required for portable fire pits provided they are commercially designed and have been approved by an independent testing laboratory.
(Ord. 2017-2948, passed 5-1-2017)