[HISTORY: Adopted by the Township Committee of the Township
of Cinnaminson 2-15-2010 by Ord. No. 2010-1. Amendments noted where
applicable.]
Pursuant to authority granted by the State in the Air Pollution
Control Act, N.J.S.A. 26:2C-22, as well as through N.J.S.A. 40:48-1
et seq., the New Jersey Home Rule Act of 1917, as amended, this chapter
shall be known as the "Township of Cinnaminson Open Air Burning and
Indoor and Outdoor Burning Prohibition Ordinance."
Although open air burning provides an additional source of leisure
and passive recreation, concerns have been raised regarding the safety
and environmental impacts of open air burning activities, particularly
the production of offensive odors and the potential health effects
of uncontrolled emissions and the burning of materials other than
firewood or untreated lumber. Further concerns exist as to indoor
and outdoor burning where the materials being burned also produce
or have the potential to produce offensive odors, smoke and potential
health effects of uncontrolled emissions from the burning of nonapproved
materials. This chapter is intended to ensure that open air burning
and indoor and outdoor burning through furnaces, stoves, fireplaces
and chimneys are regulated to prevent the creation of a nuisance or
other situations which may be or become detrimental to the health,
safety and general welfare of the residents of the Township.
The following terms shall have the following meanings when used
in this chapter:
A fire as defined by Section 307 of the Uniform Fire Code,
except that Section 307.4.1.1 of the Fire Code concerning the dimensions
of a bonfire is amended to also include any fire greater than three
feet in diameter.
An outdoor fire, not to exceed three feet in diameter, intended
for recreation or cooking, but not including a fire intended for disposal
of waste wood or refuse.
Non-pre-made fire pits built according to an individual's
wishes, encompassing a wide variety of styles and functions, from
a traditional campfire pit to more elaborate constructions of materials
such as stone and concrete. The term "assembled fire pit" shall also
include outdoor fireplaces, chimineas, patio warmers or other portable
wood-burning devices used for outdoor recreation and/or heating.
Pre-manufactured fire pits commercially sold for outdoor
burning, often portable, and commonly made of metal and used for either
wood or gas burning.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than two inches in diameter.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated on a property for the purpose
of combustion of fuel to produce heat and/or hot water for new or
existing structures. A furnace may be a standalone device or a structure
that may appear to be a small utility building which serves the same
purpose. A furnace shall also include boilers and stoves used for
this purpose.
Any unit of space not covered by the definition of "outdoor."
A fire where any material is burned in the open.
Any unit of space outside of an existing structure.
Any waste material except trees, logs, brush, and untreated
lumber.
Any smoke that continues in a visible flow from the source
of the fire for more than 20 feet for more than three minutes in duration.
Sustained smoke shall not include the presence of any fragrance or
odor caused by the burning of firewood or untreated lumber if same
is not accompanied by the presence of visible smoke.
Dry wood which has been milled and dried out but which has
not been treated or combined with any petroleum product, chemical
preservative, glue, adhesive, stain, paint or other substance.
A.
Open air
burning is prohibited within the Township of Cinnaminson unless in
conformance with the standards established herein.
B.
Except
as provided herein, it shall be unlawful for any person to permit
kindling, igniting or maintaining any bonfire, brush fire or to burn
off grass, leaves, debris, branches, wood, refuse, garbage, waste,
or rubbish on any lot or field or to authorize any such fire to be
kindled or maintained on any street, alley lot, lands or public grounds
or upon any private lots or fields unless a written permit to do so
shall be first obtained from the Construction Code Official and Township
Fire Marshal.
A.
Outdoor
fires utilized for cooking are permitted without a permit either when
contained in a manufactured metal grill or other similar device intended
for such use or a campfire.
B.
Outdoor
fires utilized for any other recreational purpose are permitted when
either contained in a manufactured device designed for such purpose
and utilized strictly in accordance with the manufacturer’s
requirements or, alternatively, in a proper noncombustible stone,
cement, brick, tile or metal assembled fire pit materials and shall
not be more than three feet in diameter.
C.
For all
existing pre-made or assembled fire pits within the Township, should
the Fire Chief, Fire Marshal, Construction Code Official or his authorized
designee determine that a fire pit is unsafe, he may order that said
fire pit not be used until he or his designee deems said fire pit
safe. Challenges to such an order may be appealed to the Burlington
County Construction Board according to the time frames permitted by
state regulations.
D.
No open
air burn may occur on a residential property within 15 feet of any
main or accessory structure on the property, including, but not limited
to, any dwelling, garage or shed.
E.
A fully
functioning fire extinguisher must be available for fire extinguishment
purposes whenever any fire is ongoing.
F.
Permitted
fuel. Only firewood and untreated lumber are permitted to be burned.
Burning of any and all other materials, including but not limited
to garbage, rubber, plastics, and yard waste, at any location within
the Township is prohibited. No green wood, leaves or other materials
which cause excessive smoke may be burned indoors or outdoors at any
time. Any smoke or odor from any indoor or outdoor fire must be kept
to a minimum.
G.
Flames
may not exceed two feet in height at any time, and should the prevailing
winds cause the sustained smoke from said fire to blow into a neighboring
dwelling or property, said fire must be extinguished immediately.
The Fire Chief, Fire Marshal, Construction Code Official or his designee
are authorized to require that any residential outdoor fire be immediately
extinguished if he determines that said fire constitutes a hazardous
condition. In addition, the Cinnaminson Fire Department and/or the
Cinnaminson Police Department are authorized to require that any residential
outdoor fire pit be immediately extinguished if sustained smoke emissions
are found to be offensive to occupants of surrounding properties.
Failure to comply with Fire or Police Department orders shall constitute
a violation of this chapter in addition to any and all criminal and
regulatory violations which may be cited against the property owner
and those individuals responsible for maintenance of the hazardous
or offensive condition.
H.
Indoor
and outdoor fires must be attended at all times by a competent adult
owner or legal resident of the property from the time said fire is
commenced through the time said fire is completely extinguished.
I.
Permitted
locations. Open burning shall be permitted only on residential properties
and/or properties used for agricultural purposes, except in the event
that a school, church, or other nonprofit organization conducts a
bonfire which has obtained the necessary permit from the Fire Marshal
to conduct said activity.
J.
Setbacks.
Permitted open air burning devices shall be set back not less than
10 feet from the nearest lot line.
A.
No materials
shall be burned in a furnace other than firewood or untreated lumber,
except where said furnace is designed and manufactured to burn other
fuels such as coal, gas, or oil.
B.
No person
shall cause, allow, or maintain the use of an indoor or outdoor wood-burning
furnace within the Township of Cinnaminson without first having obtained
a permit from the Township Fire Marshal and Construction Code Official.
Application for a permit shall be made on the forms provided by the
Township.
C.
Any outdoor
furnace or furnace in an accessory structure in existence on the effective
date of this chapter shall be permitted to remain, provided that the
owner applies for and receives a permit from the Fire Marshal and
Construction Code Official within one year of such effective date.
Notwithstanding the fact that any furnace in existence on the effective
date of this chapter has one year to receive a permit, any existing
furnace must comply with this chapter within 60 days of the effective
date of this chapter. If the owner of an existing furnace does not
receive a permit within one year of the effective date of this chapter,
the furnace shall be removed. "Existing" or "in existence" means that
the furnace is in place and operational on the site.
A.
Only firewood
and untreated lumber are permitted to be burned in any furnace, except
where said furnace is designed and manufactured to burn other fuels
such as coal, gas, and oil. Burning of any other material in a furnace
is prohibited.
B.
Setbacks.
Permitted furnaces shall be set back not less than 10 feet from the
nearest lot line.
C.
Months
of operation. Outdoor furnaces shall be operated only between October
1 and April 30, unless said furnace is the only hot water supply of
a dwelling.
D.
Spark arrestors.
All furnaces shall be equipped with properly functioning spark arrestors.
A.
A written
permit shall be obtained for all open burning purposes not specifically
permitted in this chapter.
B.
Application
for said permit shall be made to the Township Fire Marshal at least
30 days prior to the date requested and shall include:
(1)
Applicant’s
name, address and contact information;
(2)
Property
address and owner information, if different;
(3)
Type
of open air burning request, date, time;
(4)
Description
of materials to be burned;
(5)
Description
of emergency procedures in place;
(6)
Proof
of personal injury and property damage insurance with limits of not
less than $2,000,000 per occurrence and $5,000,000 aggregate;
(7)
Proof
of notification of the application to all properties within 300 feet
of the fire location; and
C.
Approval
of permit. The Fire Marshal shall review any application for open
burning and determine if said application meets the requirements.
The Fire Marshal shall, in his trained opinion, determine if appropriate
firesafety standards are being met. The Fire Marshal shall have the
discretion to approve or deny the application. The Fire Marshal is
also empowered to approve a conditional permit establishing additional
conditions on a case-by-case basis to ensure that firesafety standards
are met.
D.
Revocation
or suspension of permit. A permit issued by this chapter may be suspended
or revoked as the Fire Marshal may determine to be necessary to protect
the public health, safety and welfare of the residents of the Township.
A suspended permit may be reinstated once the condition which resulted
in suspension is remedied and reasonable assurances are given that
such conditions will not recur. Recurrence of a condition which has
previously resulted in suspension of a permit shall be considered
a violation of this chapter subject to the penalties provided herein.
Enforcement of this chapter may be accomplished through the
Township Police Department, or the Township Fire Chief, Fire Marshal
and Construction Code Official, or their designees.
Each and every person failing to comply with any of the provisions
in this chapter shall, upon conviction thereof, be punished by a fine
of up to $2,500 per offense, a term of imprisonment of up to 90 days
and/or be required to perform community service for up to 90 days.
Each day a violation exists shall constitute a new and separate offense
subject to prosecution. When the Cinnaminson Fire District takes efforts
to enforce this chapter, any fine levied shall be equally split between
the Township and the Fire District to defray the cost of enforcement.
Nothing contained herein shall authorize or allow burning which
is prohibited by codes, laws, rules or regulations promulgated by
the United States Environmental Protection Agency, New Jersey State
Department of Environmental Protection, or other federal, state, regional
or local agencies. Indoor and outdoor burning devices shall be installed,
operated and maintained in conformity with the manufacturer’s
specifications and any and all local, state and federal codes, law,
rules and regulations. In case of any conflict between any provision
of this chapter and any applicable federal, state or local ordinances,
codes, laws, rules or regulations, the more restrictive or stringent
provision or requirement shall prevail.
