(A) Application and interpretation. In addition to the provisions of the Fire Code, which generally prohibits open burning in the city, this section applies, subject to certain exceptions. In the event of a direct conflict between this section and the Fire Code, the provisions of this section shall prevail. Terms that are expressly defined in the Fire Code shall have the same meanings when used in this section, unless the context clearly indicates otherwise.
(B) Outdoor cooking. Fires of LP or natural gas, charcoal, or wood chips, for the purpose of outdoor cooking, are allowed on private property without a permit, provided that the fires are contained in an appropriate metal, brick, or other fireproof container designed for cooking purposes, and provided that such containers are located and operated in compliance with the Fire Code.
(C) Residential recreational fires. The burning of natural or LP gas for recreational purposes in a contained and regulated manner within a recreational outdoor portable fire pit or other freestanding container, designed for use in having safe and controlled outdoor fires, is allowed without a permit, subject to the following conditions:
(1) The fire container is located on the site of a one-family or two-family dwelling.
(2) The fire container is not located on any balcony or deck.
(3) The fire container is located at least 20 feet from any structure (including any deck, balcony, or other overhanging structure), combustible material, lot line, roadway, alleyway, or fence.
(4) The fire container is no larger at its largest point than three-feet wide, three-feet deep, and three-feet tall (exclusive of feet, legs or chimney), and is made of non-combustible materials.
(5) The fire container is UL-certified and installed according to the manufacturer’s recommendations.
(6) There is a 4-A-rated fire extinguisher, garden hose connected to a water supply, or other means of fire suppression readily available for immediate use.
(7) The fire is constantly attended by a competent adult at least 18 years of age until the fire is extinguished.
(8) Burning of yard waste, leaves, trash, refuse, building materials, or other materials is expressly prohibited.
(9) Fires are prohibited during any times of high fire risk identified by the Michigan Department of Natural Resources, or during burning bans imposed by the state or city.
(10) If the Fire Code Official, or his or her designee, or a police officer determines that any open burning is unsafe due to dry weather, wind conditions or other unfavorable conditions, or the impact on air quality or the health of nearby residents, or the open burning causes a foul odor reasonably offensive to the occupants of nearby properties, such officer may order the open burning to be extinguished, or may impose reasonable conditions on the open burning.
(D) Other outdoor fires. Other types of outdoor fires, such as bonfires, ground fires, or other similar fires not covered by divisions (B) or (C), are allowed only with a permit issued pursuant to Section 105.6 of the Fire Code. Gas-fueled fires in UL-certified containers are also allowed with a permit on commercial premises, including hotel premises. Bonfires shall be no more than five feet by five feet in size, and shall be subject to other regulations as deemed appropriate by the Fire Code Official to protect the public health, safety, and welfare.
(E) Burning of building materials. Open burning for building demolition or destruction of excess construction materials is allowed only with a permit issued pursuant to Section 105.6 of the Fire Code. Open burning of building materials is also permitted for purposes of Fire Department training.
(F) Permit fees. The City Commission may establish by resolution fees for open-burning permits.
(Ord. 919, passed 4-24-06; Am. Ord. 1023, passed 4-24-17) Penalty, see § 93.99