1505.06 OPEN BURNING.
   (a)   Definitions.
      (1)   Bonfire. An outdoor fire utilized for ceremonial purposes.
      (2)   Open burning. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots, and similar devices associated with safety or occupational uses typically considered upon flames, recreational fires, or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks or chimneys necessary to provide combustion air and permit the escape of exhaust gases are open.
      (3)   Portable outdoor fireplaces. A portable, outdoor, solid burning fireplace that may be constructed steel, concrete, clay or other non-combustible material. A portable outdoor fireplace may be open ion design, or may be equipped with a small hearth opening and a short chimney or chimney operating in the top. A portable outdoor fireplace must be designed, manufactured, or constructed for the exclusive use as an outdoor fireplace.
      (4)   Recreational fires. An outdoor fire where the fuel being burnt is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace or barbecue grill.
   (b)   Open Burning, Recreational Fires, and Portable Outdoor Fireplace Requirements.
      (1)   Open burning. A person shall not kindle, maintain or authorize to be kindled or maintained any open burning in the City of Warren, unless conducted and approved in accordance with these regulations:
         A.   Permit required. A permit shall be obtained from the Fire Code Official in accordance with Rule 1301:7-7-01 of the Administrative Code prior to kindling a fire defined as open burning or a bonfire. Applications for such permit shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
         B.   Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make fires hazardous.
         C.   Location. The location for open burning or a bonfire shall not be less than fifty (50) feet from any structure, and provisions shall be made to prevent the fire from spreading to within fifty (50) feet of any structure.
         D.   When open burning has created or adds to a hazardous condition, or the required permit has not been obtained, the Fire Code Official or Fire Officer in charge is authorized to order the extinguishment of the open burning operation.
      (2)   Recreational fires. Recreational fires in the City of Warren shall not be permitted.
      (3)   Portable outdoor fireplaces. A portable outdoor fireplace may be installed and used in the City of Warren only in accordance with all of the following provisions:
         A.   Portable Outdoor Fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within fifteen (15) feet of a structure or combustible material. * Exception. Portable outdoor fireplaces used at one and/or two-family dwellings.
         B.   The portable outdoor fireplace shall not be used to burn refuse.
         C.   The portable outdoor fireplace shall burn only clean wood, charcoal or other manufactured fireplace logs.
         D.   The portable outdoor fireplace shall be located at least twenty-five (25) feet from the nearest structure which is not on the same property as the portable outdoor fireplace.
      (4)   The use of portable outdoor fireplaces shall be prohibited when atmospheric conditions make such fires hazardous.
      (5)   Attendance. Open burning bonfires and the use of portable outdoor fireplaces in the City of Warren shall be constantly attended by a responsible person of at least eighteen (18) years of age until the fire is extinguished. A minimum of one portable fire extinguisher complying with paragraph (F)(906) of Rule 1301:7-7-09 of the Administrative Code with a minimum 4-A rating or other approved on-site-fire-extinguishing equipment, such as dirt, sand, water barrel or garden hose shall be available for immediate utilization.
         (Ord. 12592/15. Passed 4-22-15.)