[Adopted 5-7-2012 by Ord. No. 2012-05]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this article, shall have
the following meaning:
Noncombustible containers approved by the Fire Marshal for
use in burning open fires or outdoor fires, which include but may
not be limited to chimeneas, outdoor fireplaces, fire pits, patio
warmers or other portable woodburning devices used for outdoor recreation
and/or heating and which meet the minimum standards set forth in this
article.
The legally designated Fire Marshal of the Borough of Berlin,
or his or her designated assistant.
The kindling of a fire in the open air without containment
or in outdoor structures that permit the products of combustion to
be emitted directly into the ambient air space, excluding gas or charcoal
grill barbecues.
Outdoor fireplaces, fire pits, receptacles, chimeneas, or
other devices that permits the products of combustion to be emitted
directly into the ambient air without passing through a stack or chimney
from an enclosed chamber and which do not provide effective control
of the air pollutants generated.
Open burning in approved containers shall be allowed without
a permit at single-family homes, duplexes and townhomes, subject to
the regulations contained herein. All other locations shall require
a permit from the Fire Marshal. All open burning shall comply with
the provisions provided in the International Fire Code, New Jersey
Edition, 2006, Section 307, Open Burning and Recreational Fires.
All open burning is subject to the following requirements:
A.
All fires shall be contained in an approved container only.
B.
No open fire or outdoor fire shall be conducted on any porch, deck,
balcony or other portion of a building; within any room or space within
a building; or under any building overhang; provided, however, that
an open fire or outdoor fire may be conducted on a concrete or stone
patio if and only if all other provisions of this article are met.
C.
Fires shall be limited to a maximum three-foot diameter and two feet
in height and must be contained in a noncombustible chimenea, outdoor
fireplace, fire pit, or other method approved by the Fire Marshal.
D.
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 and embers.
E.
Fires must be kept at least 15 feet from any structure, combustible
exterior wall, or other combustibles that may ignite and permit the
spread of a fire. Example: shrubs, trees, fences, etc.
F.
Fires must be constantly attended until completely extinguished.
G.
The burning of yard waste, leaves, brush, vines, evergreen needles,
branches smaller than three inches in diameter, untreated lumber,
garbage, paper products or anything other than firewood as set forth
herein is prohibited. The use of flammable liquids is strictly prohibited.
H.
The Fire Marshal, police officer, or any Fire Department officer
may order an outdoor burning activity to cease if conditions are such
or the activity is so situated as to endanger the health or safety
of persons or property located in the general area of the activity.
If the party responsible for outdoor burning activity does not immediately
comply with an order to cease given pursuant to this subsection, the
party responsible shall be subject to the penalties set forth below.
Any open fire or use of a chimenea, outdoor fireplace, or fire pit
which creates a nuisance or is deemed to be a hazard is to be extinguished.
I.
Outdoor burning is not permitted when the wind speed exceeds 10 miles
per hour.
J.
While outdoor burning is being conducted, it shall be attended by
a person of at least 18 years of age at all times.
K.
Adequate fire-suppression equipment such as shovels, fire extinguishers
rated at 4A or larger, water hoses, or like equipment sufficient to
extinguish the fire shall be present on the property at all times
outdoor burning is conducted.
L.
No person shall cause an open fire or outdoor fire to be used or
maintained in such a manner as to cause a nuisance to neighbors.
Any person violating the provisions of this article shall be
subject to a penalty as follows:
A.
First offense: a verbal warning.
B.
Second offense: a written notice of violation.
C.
Third and subsequent offenses: A fine not to exceed $2,000, imprisonment
for not more than 90 days and/or a period of community service not
to exceed 90 days. Each day on which a violation occurs shall be considered
a separate offense.
