(a) Definitions.
(1) “Outdoor fireplace” means a freestanding fireplace, manufactured of stone, concrete block, concrete, metal, ceramic or any other non-combustible material, with an enclosed burn chamber, solid or screened opening, and chimney with spark arrestor.
(2) “Manufactured outdoor fireplace” mean a freestanding fireplace manufactured of metal, ceramic or other non-combustible material, with a burn chamber entirely enclosed by screen, metal, ceramic, other non- combustible material, or any combination thereof.
(3) “Outdoor fire pit or fire bowl” means a freestanding or in-ground pit or bowl manufactured of stone, concrete block, concrete, metal, ceramic or other non-combustible material, covered with a screen with openings not greater than 1/8 inch (3.04mm).
(4) This section does not apply to grilling or cooking food using charcoal, clean wood, propane, or natural gas in cooking or grilling appliances.
(b) Conditions of Use.
(1) The conditions for use of any outdoor fireplace, manufactured outdoor fireplace, outdoor fire pit or fire bowl:
A. Shall be for single-family residential property only;
B. Must be located at least twenty (20) feet from any combustible materials or structures and placed on a non-combustible base.
C. Are prohibited for use on wooden decks or balconies;
D. Any fire must be entirely contained within the outdoor fireplace;
E. Any fire must be constantly attended until the fire is extinguished;
F. Any outdoor fireplace, manufactured outdoor fireplace, outdoor fire pit or fire bowl that produces smoke or odor emissions that are objectionable in nature due to proximity to structures, dwellings, or atmospheric conditions, or other local circumstances that would make such fires hazardous shall be prohibited;
(2) The Fire Official is authorized to order the extinguishment by the person(s) responsible for the use of the outdoor fireplace upon finding these conditions.
(3) A portable fire extinguisher with a minimum of a 4-A rating or other approved on site fire extinguishing equipment such as, but not limited to, dirt, sand, water barrel, or garden hose shall be available for immediate utilization.
(4) When, in the opinion of the Fire Official, a hazard exists due to the use of the fireplace that is not specifically defined within this section, the Fire Official, using good sound judgment and in consideration of the conditions that could present a hazard due to the use of the fireplace, shall have the authority to have the fire extinguished.
(c) Wood Burning. Only clean dry seasoned firewood shall be burned. No flammable/combustible liquids shall be used to start the fire, only self ignited logs or the use of kindling wood/paper shall be used. It must be fully enclosed with some type of mesh and must have a lid.
(d) LP/Gas. Tank size is limited to 20 lbs. propane or a direct connection to approved gas piping from the residence.
(e) Conflict of Law. To the extent that this section conflicts with Section 1509.05 of the Vienna Municipal Code, this section shall take precedence.
(f) Severability. If any provision, clause, sentence or paragraph of this section or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not invalidate the other provisions or application of this section.
(g) Penalty. Any person, firm, corporation, association or public agency violating any of the provisions of this section shall be subject to those penalties more expressly set forth in Section 101.99 of the Codified Ordinances of the City of Vienna.
(Ord. 07-15. Passed 7-23-15.)