[HISTORY: Adopted by the Town Council of
the Town of Portsmouth 5-9-2006 by Ord. No. 2006-05-09E; amended in its
entirety 5-4-2021 by Ord. No. 2021-05-24. Subsequent amendments noted
where applicable.]
All persons shall comply with the following
fire protection and safety requirements.
Outdoor burning of yard waste and bonfires shall
be permitted only under the conditions set forth in this chapter.
Only clean brush and untreated wood may be burned. Large logs and
tree stumps, over eight inches in diameter, shall not be allowed to
be burned.
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No person
shall kindle or maintain any open fire or authorize any such fire
to be kindled or maintained on or in public or private property without
having obtained a permit from the Fire Department. Permits shall be
issued to residential homeowners in accordance with this chapter.
During construction or demolition of buildings or structures, no waste
materials or rubbish shall be disposed of by burning on the premises
or in the immediate vicinity.
[Amended 11-22-2021 by Ord. No. 2021-11-12]
Any open fire, larger than 36 inches by 36 inches
by 36 inches shall be deemed a bonfire. No holder of a bonfire permit
shall ignite the fire before it has been inspected by the Chief of
the Fire Department or his or her designee, and no additional material
shall be added to the fire after said inspection. Bonfires shall be
limited in size based upon location, anticipated attendance, and available
access for the Fire Department. Size limits will be determined by
the Fire Chief or his or her designee.
All permits shall be signed by the owner of the land on which the fire is located, unless compliant with § 124-11. The Chief of the Fire Department or his or her designee may require proof of ownership.
[Amended 11-22-2021 by Ord. No. 2021-11-12]
No person shall kindle or maintain any open
fire or authorize any such fire to be kindled or maintained on any
private or public land, unless the location is not less than 50 feet
from any structure, fence or property line. If the location of the
open burn cannot meet the fifty-foot setback due to the size of the
property, the owner may request an exemption from that setback through
the Fire Chief. If the Fire Chief, or his or her designee, finds the
location does not pose a hazard, he or she may issue an exemption
permit for that location. The fire location on the property shall
not change once it has been inspected and given an exemption.
Burning is allowed when the fire is contained
in a waste burner with a properly screened top or an outdoor fireplace
and located safely on private property no less than 25 feet from any
structure, fence or property line. Other commercially available containers,
commonly referred to as fire pits, fire rings, chiminea, etc., may
be utilized. If the location of the container is unable to meet the
twenty-five-foot setback due to the size of the property, the owner
may request an exemption from that setback requirement through the
Fire Chief. If the Fire Chief or his or her designee finds the container
or outdoor fireplace does not pose a hazard, he may issue an exemption
permit for that calendar year. The fire location on the property shall
not change once it has been inspected and given an exemption permit.
Any open or contained fire shall be constantly
attended by a competent person until such fire is extinguished. This
person shall have a garden hose connected to a water supply or other
sufficient extinguishing equipment readily available for use.
The Chief of the Fire Department, or his or
her designee, may prohibit any or all bonfires and outdoor fires,
whether in the open air or in Fire-Department-approved waste burners
or outdoor fireplaces, when atmospheric conditions or local circumstances
make such fires hazardous, or the smoke or fumes from such fires are
a nuisance to adjoining or surrounding property or persons.
The Chief of the Fire Department, or his or
her designee, may extinguish or cause to be extinguished any or all
bonfires and outdoor fires, whether in the open air or contained,
when atmospheric conditions or local circumstances make such fires
hazardous or the smoke or fumes from such fires a nuisance to adjoining
or surrounding property or persons.
No person shall kindle a fire upon the land
of another without written permission of the owner. The Chief of the
Fire Department, or his or her designee, may require proof of ownership
and agency.
