910.020. Amendments to the Minnesota state fire code.

The state fire code is amended as follows:

1.   Section 307, "Open Burning and Recreational Fires," is amended to read as follows:

   307.1. General. A person must not kindle or maintain or authorize to be kindled or maintained a recreational fire unless conducted and approved in accordance with this section.

   307.2 Permit required. The person who will be responsible for the recreational fire must obtain an annual permit from the fire department prior to kindling a recreational fire. The permit holder is responsible for conducting, controlling and extinguishing the fire in compliance with the city fire code. A recreational fire permit does not relieve the applicant from liability due to damage resulting from fire or smoke.

   307.3. Extinguishment authority. The fire chief or designee has the authority to order extinguishment of any fire if: the fire creates or adds to a hazardous situation; the fire chief or designee determines that the smoke from the fire is unreasonably offensive or injurious to others; or, a required permit has not been obtained.

   307.4.2. Recreational fires. Recreational fires must not be conducted within 25 feet (7620 mm) of a structure or combustible material; except that the minimum distance from a structure does not apply to a nonmoveable fire pit that existed prior to June 24, 2017. Conditions which could cause a fire to spread within 25 feet 97620 mm) of a structure must be eliminated prior to ignition. Fire pits must be located a minimum of 10 feet from any property line.

   307.4.3. Portable outdoor fireplaces. Portable outdoor fireplaces must be used in accordance with the manufacturer's instructions and must not be operated within 15 feet (3048 mm) of a structure or combustible material.

   307.4.4. Materials burned. Wood burned in a recreational fire or portable outdoor fireplace must be dry, aged wood and a minimum of one inch in diameter. No trash, brush, leaves or treated lumber may be burned.

   307.5. Attendance. Permitted fires must be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 of the state fire code with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, must be available for immediate utilization.

A violation of this ordinance is subject to the penalties and provisions of Chapter XIII of the city code.

(Amended by Ord. 2017-12, effective October 21, 2017)

2.   Appendix O (Fires or Barbecues on Balconies or Patios) of the state fire code is amended to read as follows:

   1.1   Open flame prohibited. In any institutional, apartment or condominium building two or more stories in height, no person may kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of the structure.

   1.2   Fuel storage prohibited. No person may store or use any fuel, grill, torch, or other similar heating or lighting chemical or device in any institutional, apartment or condominium building two or more stories in height, except as provided in section 1.3 below.

   1.3   Grill clearances.

   1.3.1   Listed electric grills are allowed on balconies and patios provided they maintain an 18-inch clearance on all sides to combustibles, unless a greater clearance is specified by the manufacturer, and provided they are plugged directly into a GFI protected exterior outlet while in use.

   1.3.2   Listed natural gas fueled grills are allowed on balconies and patios provided they are permanently mounted and plumbed to the building's natural gas supply and maintain an 18-inch clearance on all sides to combustibles.

   1.3.3   Listed propane fueled grills are allowed only on ground level. Propane grills and cylinder storage is prohibited within 15 feet of the building.

   1.3.4   Listed charcoal grills and smokers are allowed only on ground level and may not be used or stored within 15 feet of the building.

(Amended by Ord. No. 2008-23, adopted August 25, 2008; Amended by Ord. No. 2011-14, adopted August 1, 2011; Amended by Ord. No. 2017-07, effective June 24, 2017; Amended by Ord. No. 2019-12, adopted May 20, 2019; Amended by Ord. No. 2023-03, effective June 17, 2023)