§ 12-172. Definitions.

For the purposes of section 12-172 to section 12-179, the following definitions shall apply:

(1)

Recreational Fire: As defined in section 302.1 of the 2006 International Fire Code and shall be permitted only at designated campground areas of Haworth Park, unless a permit is obtained pursuant to section 12-174

(2)

Outdoor Fireplace: Outdoor fireplaces shall include fire pits, portable fire pits, and chimeneas. These residential outdoor fireplaces use wood as a fuel and are used for containing recreational fires located at a private residence for the purpose of outdoor cooking and personal enjoyment. The term "outdoor fireplaces" does not include barbeque grills that use propane or charcoal as a fuel and are used primarily for outdoor cooking.

(3)

Portable fire pits: Commercially designed devices intended to confine and control outdoor wood fires.

(4)

Chimeneas: Outdoor patio fireplaces, usually made from clay, intended to confine and control outdoor wood fires.

(5)

Fire pits: Devices usually constructed of steel, concrete and/or stone, and constructed above ground with a heavy steel screen cover. All outdoor fireplaces shall meet the following requirements:

(a)

Clearances. A minimum ten-foot clearance shall be maintained between the outdoor fireplace and combustible structure or materials such as walls, roofs, fences, decks, woodpiles, and other combustible material.

(b)

Construction. Outdoor fireplaces shall be constructed of concrete or approved non-combustible materials. The fire fuel area and openings shall be completely enclosed by a steel screening (spark guard) or an approved non-combustible screening material with openings no greater than one-half inch square. Vent stacks, chimneys, and chimeneas shall have a steel screen cover made of heavy wire mesh or other non-combustible material with openings no larger than one-half inch square. Not permitted are barrels, half-barrels, drums or similar constructed devices.

(c)

Size. The fuel area for a fire pit shall not be larger than three feet in diameter and a height of more than two feet.

(d)

Location. Outdoor fireplaces shall be placed on a stable, non-combustible surface such as a concrete pad and only at grade level. Outdoor fireplaces shall not be located on combustible balconies or decks and shall not be located under any combustible balcony or any overhanging portion of a structure.

(e)

Type of Materials Being Burnt. Materials allowed by this section shall be limited to untreated wood or approved fireplace starter logs. Petroleum products, rubbish, grass, leaves, cardboard, plastics, rubber or any material that may flow out of the containment or cause excessive heat, smoke, or offensive smell shall not be permitted.

(f)

Amount of Materials Being Burnt. Users must:

(1)

Limit the amount of material being burnt to ensure the flames are confined inside the fuel area of the outdoor fireplace and the flames do not extend above the pit or into the chimney; and

(2)

Follow the manufacturer's recommendation on the maximum amount of fuel to be used at one time with spark guard in place.

(g)

Supervision. Outdoor fireplaces shall be under constant supervision by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished and embers are cooled so as to prohibit the fire from rekindling.

(h)

Provisions for Protection. A garden hose connected to a water supply or other approved fire extinguishing equipment shall be readily available for use.

(i)

Maintenance. The owner is responsible to ensure proper maintenance and care is accomplished in accordance with manufacturer's instructions. At the minimum, the outdoor fireplace will be checked regularly for the appearance of cracks and other physical deterioration or loose parts.

(j)

Discontinuance. Smoke from any outdoor fireplace shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately upon the complaint of the neighboring property owner of any smoke nuisance. The fire chief or an authorized representative has the authority to require outdoor fireplace use to be immediately discontinued if such use is determined to constitute a hazardous or nuisance condition to occupants of surrounding property.

(k)

Building Permit. For a fire pit, a site plan showing the location of the fire pit on the property and a detailed drawing of the construction of the fire pit shall be submitted to the Permits and Inspections Department of the City for review. A building permit will be issued based on approved plans. A building permit is not required for portable fire pits or chimeneas, provided they are commercially designed and have been approved by an independent testing laboratory.

(Ord. No. 3141, 3-12-2001; Ord. No. 3546, § 1, 12-14-2009)