As used in this chapter, the following terms
shall have the meanings indicated:
ENFORCING OFFICIAL
Includes the Health Officer or other official authorized
by the Board of Health to enforce this chapter.
PERSON
Includes an individual, firm, corporation, association, society,
partnership and their agents or employees.
[Added 12-13-2021 by Ord. No. 21-49]
A. Legislative findings; policy; application.
(1)
Recreational fires and burning of combustible materials in a
residential setting may pose a serious hazard to public health, safety,
general welfare and the quality of life of the residents of the Township
of Bloomfield. The public has a right to and should be ensured of
an environment free from noxious fumes and threat of fire. It is the
policy of the Township of Bloomfield Fire Department to prevent the
danger of fire from open burning which is a detriment to the public
health, comfort, safety, welfare and quality of life.
(2)
It is in the public interest that the provisions, prohibitions
and controls hereinafter contained and enacted as a matter of legislative
determination and public policy be adopted for the purpose of securing
and promoting the public health, comfort, safety, and general welfare
and quality of life of the residents of the Township of Bloomfield.
B. Definitions. For the purpose of this section, the following definitions
shall apply:
FIREWOOD
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines, or brush smaller than two inches in diameter.
Includes commercially manufactured, UL-approved fire logs.
RECREATIONAL FIRE
An outdoor fire contained in an approved UL container for
entertainment.
TREATED LUMBER
Dry wood which was milled and dried and has been treated
or combined with any petroleum product, glue, chemical, preservative,
adhesive, stain, paint or other substance.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, glue, chemical,
preservative, adhesive, stain, paint or any other substance.
C. Recreational fire regulations.
(1)
Recreational fires in approved containers shall be allowed without
a permit and will be subject to the regulations contained herein.
(2)
Fires shall be limited to a maximum three-foot diameter and
two-foot height and must be contained in a noncombustible chiminea,
outdoor fireplace, fire pit or other UL-compliant device approved
for such purpose.
(3)
All openings in the container or fire pit must be covered with
wire mesh or other screening materials that will prevent the passage
of sparks or embers.
(4)
Fires must be kept in the rear yard at least 15 feet from any
structure or combustible exterior wall.
(5)
Fires must be constantly attended until the fire is extinguished.
(6)
No such fire or container used for open burning may be used
on any porch, deck, balcony, or any other portion of a building; within
any room or space; or under any building overhang.
(7)
The burning of yard waste, leaves, brush, vines, evergreen needles,
branches smaller than two inches in diameter, treated or untreated
lumber, garbage, paper products or anything other than firewood as
defined herein is prohibited, except that kindling may be used to
start a fire.
(8)
The Fire Chief or their designee or Health Officer or designee
may order any open fire, or use of chiminea, outdoor fireplace or
fire pit, which unreasonably interferes with the health, safety or
welfare of neighboring residents or properties to be immediately extinguished.
D. Enforcement.
(1)
This section shall be administered by any code enforcement department
within the Township of Bloomfield.
(2)
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not to exceed $1,250.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by §
640-2 of this chapter from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of the premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
The provisions of this chapter shall be enforced
by the Board of Health or its enforcing official.
[Amended 12-6-1994; 12-6-2006; 12-27-2006]
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to the provisions of Chapter
578, Article
V.