Chapter 155-41 Burning
A. Burning restricted
Burning of any kind is restricted as provided in this section. Verbal permission from the Fire Department must be granted prior to any recreational fire, and a written permit must be issued by the Fire Department prior to any open burning or bonfire being started. Open burning, bonfires, fire pits, and recreational fires shall comply with the requirements of NFPA 1.
(1) For other than one - and two-family dwellings, no hibachi, gas-fired grill, charcoal grill or similar device used for cooking, heating, or any other purpose shall be used or kindled on any balcony or under any overhanging portion of a building. Grilling on ground level is permissible, provided that the grill is at least seven feet away from any structure. Smoke must not be a nuisance to neighbors or public roadways.
(2) Barbecue grills of any type, kettles, outdoor hibachis, other types of gas-fueled cooking devices other than household kitchen appliances, including, but not limited to, deep fryers (turkey fryers) and camping stoves. It shall be unlawful to ignite or burn inside any occupancy, including any residential occupancy or portion thereof, any type of barbecue grill, kettle, outdoor hibachi, or other type of gas-fueled cooking device other than household kitchen appliances, including, but not limited to, deep fryers and camping stoves.
(3) No outdoor cooking device shall be used between 12 midnight and the following sunrise.
(4) No flame shall at any time exceed one foot in height over the source fuel.
(5) Listed electrical ranges, grills or similar electrical apparatus shall be permitted.
C. Portable fire pits
(1) Portable fire pits shall not be used or kindled on any balcony or under any overhanging portion of a structure or within 10 feet of any structure.
(2) Portable fire pits must be placed on a noncombustible surface.
(3) Portable fire pits shall be listed by a nationally recognized testing organization or acceptable to the AHJ.
(4) Burning of yard waste or other refuse is prohibited; only clean, dry wood can be used.
(5) Flammable or combustible liquids shall not be used to ignite the fire.
(6) Smoke shall be limited and shall not become a nuisance to neighbors or public roads.
(7) No flame shall at any time exceed one foot in height over the source fuel.
(8) Portable fire pits shall not be used between 12 midnight and the following sunrise.
D. Recreational fires
No person shall start or maintain a recreational fire except as allowed by verbal permission issued by the AHJ after personal or telephone contact is made to the Fire Department requesting said permission. The Fire Department will keep a record of the contacts made and the permission granted. Once permission is received, recreational fires are subject to the following regulations and/or restrictions:
(1) No person shall kindle, start, or cause to be kindled any fire other than in a substantial container constructed of metal, concrete, brick, or earth so as to prevent the escape of burning materials.
(2) Recreational fires shall be permitted only between the hours of 6 a.m. and 11 p.m. and shall be completely extinguished upon completion of the activity or by 11 p.m., whichever occurs first.
(3) Recreational fires shall not be located within 25 feet of a structure or combustible material unless contained in an approved manner.
(4) The total fire area shall not exceed three feet in diameter and two feet in height.
(5) Only clean, dry wood can be burned.
(6) Flammable or combustible liquids shall not be used to ignite the fire.
(7) All fires shall be continuously attended by a minimum of one person who is at least 16 years of age with an adequate means of extinguishment.
(8) Smoke shall be limited and shall not become a nuisance to neighbors or public roads. If a fire becomes a nuisance, becomes unsafe, or is considered uncontrollable, the fire must be extinguished immediately.
(9) On such days when atmospheric conditions are unacceptable for burning, the Fire Department shall prohibit any burning whatsoever.
E. Open burning
There shall be no open-air burning of any combustible waste material except as allowed by permit issued by the AHJ and subject to the following regulations and/or restrictions:
(1) No person shall start or maintain an open fire without obtaining a permit.
(2) Special burn permits may be granted by the Fire Department, provided the following conditions are met:
- Request is made in writing to the Fire Department at least three business days prior to the event.
- A site inspection is made by the Fire Department.
- A written permit is obtained from the Fire Department and kept at the site.
- The permit shall expire 10 days after the scheduled event date.
(3) Burning of trash is prohibited.
(4) Burning of any wet combustible rubbish, garbage, oily substances, asphalt, plastic, foam, rubber products, or any other material which creates dense smoke or causes a nuisance is prohibited.
(5) Burning of building materials is prohibited.
(6) Wind velocity cannot exceed nine miles per hour.
(7) Open burning shall be constantly supervised by a competent person who is at least 18 years of age until the fire is extinguished.
(8) The pile to be burned shall be a minimum of 50 feet from buildings and 25 feet from any public roadway, highway or other thoroughfare.
(9) If smoke travels in such a manner as to obscure any public roadway, highway or other public thoroughfare, the fire shall be extinguished.
(10) Open-air burning shall only be permitted from 7 a.m. up to 1/2 hour before sunset.
(11) Flammable or combustible liquids shall not be used to ignite or accelerate the fire at any point.
(12) Smoke shall be limited and shall not become a nuisance to neighbors or public roads.
(13) Whenever a fire becomes a nuisance to the neighboring residents or becomes unsafe or considered uncontrollable, the fire must be extinguished immediately.
(14) On such days when atmospheric conditions are unacceptable for burning, the Fire Department shall prohibit any burning whatsoever.
(1) No person shall start or maintain a bonfire without obtaining a permit from the Fire Department.
(2) An application for a permit may be obtained at the Fire Department.
(3) Applications shall be submitted not less than seven days prior to the date of such bonfire.
(4) No accumulating of items to burn in the bonfire shall be allowed prior to the issuance of the permit.
(5) After review of the application and inspection of the site, a permit shall be issued or denied at the discretion of the AHJ upon due consideration of the provisions of this chapter and the promotion of public safety and the security of adjoining property.
(6) The AHJ reserves the right to reinspect the bonfire site at any time to ensure public safety.
(7) The cost of such permit shall be as set forth under § 155-53 of this chapter.
(8) Requirements, regulations and/or restrictions for bonfires shall be as follows:
- Fires shall be no larger than 10 feet in diameter or 10 feet tall.
- The fire area shall be protected by a fire ring or in some other fashion acceptable to the AHJ to prevent fire spread or a fire hazard.
- Fires shall contain only wood; other building products are prohibited.
- Fires shall not be started or accelerated using flammable liquids.
- Fires must be attended at all times by a competent person of at least 18 years of age who has obtained the permission of the property owner.
- The fire must be at least 50 feet from all structures, roadways and lot lines
- If smoke travels in such a manner that it obscures roadways, the AHJ reserves the right to require that the fire be extinguished.
(9) All fires must be supervised at all times by a competent person who is at least 18 years of age, and have a proper means available to extinguish the fire
(10) No fire shall be left unattended.