[HISTORY: Adopted by the Town Council of
the Town of Bethany Beach 5-16-2008 by Ord. No. 436 (Ch. 125 of the 1992 Code).
Amendments noted where applicable.]
A.
It shall be unlawful for any person to burn or set
fire to any lot or land, vegetation, trash, refuse, waste, or other
matter or thing unless the same be done in a container, incinerator,
stove or fireplace used in a dwelling or building and which container,
incinerator, store or fireplace is connected to a chimney or other
device or constructed or equipped as to prevent the escaping of flames
or sparks therefrom. Materials that can never be burned:
(1)
Materials that are hazardous or toxic such as materials
containing rubber, grease, asphalt or items made from petroleum, such
as tires, auto parts, plastics or plastic-coated wire.
(2)
Garbage, including wastes from food processing, handling,
preparation, or consumption.
(3)
Carcasses of dead animals.
B.
In particular, a fire on the beach is expressly prohibited.
Notwithstanding this provision, the Town Manager, in his or her reasonable
discretion, is hereby authorized to issue a permit, with appropriate
conditions, for an open burning on the beach. Requests for such permits
shall be submitted to the Town Manager, in writing, no less than 14
days prior to the date for which the permit is requested.
C.
Nothing herein shall be deemed to prohibit the Bethany
Beach Volunteer Fire Department from burning off any structure, lot
or lots or any collection of driftwood or debris within the Town at
the request of the owner of the property or upon the request of the
Town Manager or the Town Council of the Town of Bethany Beach. The
Bethany Beach Volunteer Fire Department shall inform the Town Manager
prior to conducting any controlled burning related activities.
A.
Outdoors cooking over a fire contained in a device
or structure designed for such use is permitted with the following
conditions:
(1)
Material used to make a cooking fire cannot include
construction materials, trash or rubbish.
(2)
All cooking devices must be in good working condition
to prevent the possible spread of fire.
(3)
For all multifamily dwellings more than one story
in height, the use and/or storage of any propane or charcoal portable
cooking device or any portable fireplaces is strictly prohibited above
the first floor occupancy. The definition of a "multifamily dwelling"
shall mean a single structure containing two or more dwelling units,
whether such dwelling units are rented or owned as a condominium or
other form of ownership.
A.
It is the intent of the Town of Bethany Beach that
all citizens, property owners and renters shall have the opportunity
to have recreational fires at single and multifamily dwellings, provided
that such fires are in strict compliance with the restrictions relating
to recreational fires. It is further the intent of the Town of Bethany
Beach that the Police Department, the Fire Department and the Town
Code Enforcement Officer shall strictly enforce these restrictions
so as to insure that such fires do not compromise safety or annoy
neighbors.
B.
Portable fire pits, chimaeras, patio hearths, fire
tables and other similar devices shall be elevated from the ground
and shall be fabricated from steel, concrete or clay with a screening
around the firebox. A permanent fire pit is dug into the ground surrounded
by mesh wire screen and has a cover when not in use.
C.
Recreational fire requirements/restrictions:
(1)
The fire must be fueled by clean, seasoned firewood,
natural gas or other clean-burning fuel, with emissions equal to or
less than that created by seasoned firewood and all devices must be
based upon a noncombustible surface.
(2)
The fire's total fuel area can be no more than three
feet in diameter and no higher than two feet. The fire can be deemed
hazardous, even when within these parameters. No firewood shall extend
outside the fire pit.
(3)
All devices for recreational fires shall be at least
10 feet from any structure or combustible material.
(4)
Each fire must be attended by at least one-person
18 years old or older when lighting the fire and at all times until
the fire is completely extinguished.
(5)
A fire extinguisher or water hose shall be readily
accessible.
(6)
No recreational fire shall be started or allowed to
continue burning when the wind direction or wind speed will cause,
smoke, embers or other burning materials to create a nuisance for
neighboring property owners. The fire shall be completely extinguished
immediately upon the complaint of any smoke or odor nuisance.
(7)
Covers/screening for portable and permanent recreational
fire devices shall be attached while being used.
(8)
If a permanent fire pit is used, the construction
and use of the fire pit shall, in addition to the above requirements,
comply with the following requirements:
(a)
The diameter of the pit shall not exceed three
feet.
(b)
The depth of the pit shall be one to two feet
deep, domed by a mesh wire screen and shall be covered when not in
use.
(c)
The top of the rim of the pit shall be lined
with rock, concrete, brick or steel, that is 12 inches wide all around
the perimeter.
The following devices that involve an open fire
may be used without restrictions as long as they are used in a safe
manner and/or follow the recommended manufacturer's guidelines: The
burning and/or use of: candles, lanterns, lamps, insect repellent
torches, tiki-type torches, fireplaces, cigarettes, cigars, pipes,
charcoal cookers, braziers, hibachis, barbecue grills, or any flammable
liquid or liquefied gas fire stoves or similar devices maintained
and used solely for the preparation of food on the premises of the
owner or occupant.
