As used in this article, the following terms shall have the meanings indicated:
RECREATIONAL FIRE
An outdoor fire burning only dried seasoned hard woods for the purpose of pleasure, religious, ceremonial, cooking, warmth or similar purposes. The fuel being burned shall be contained to an outdoor fireplace, barbeque grill or barbeque pit and have a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height. Fuel being burned shall not include rubbish, lumber, garbage or other offensive materials.
(a) 
General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
(b) 
Prohibited recreational burning. Open burning that will be offensive or objectionable because of smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
(c) 
Recreational fires. A recreational fire shall not be conducted within 15 feet of a structure or combustible material. The fire shall be contained in an approved container and where the pile size is three feet or less in diameter and two feet or less in height. Conditions which would cause a fire to spread within 15 feet of a structure shall be eliminated prior to ignition. These recreational fires do not include approved cooking grills that are fueled by charcoal, propane, or natural gas.
(d) 
Attendance. Recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher with a 4-rating or approved on-site fire extinguishing equipment, such as dirt, sand, water barrel or garden hose or water truck, shall be available for immediate utilization.
Request for outdoor recreational fires have become a popular activity and concern within the City of Olean, especially with the recent marketing and sales of portable outdoor fireplaces, made of metal, ceramic and like materials. The Department of Building, Fire and Emergency Services will allow burning for recreational purposes consistent with the state, county, and local codes and laws, provided the following guidelines are followed:
(1) 
Fire safety must always be followed.
(2) 
Recreational fires must be of the same size as in fireplaces (no larger than three feet in diameter; no taller than two feet in height), located 15 feet from combustible structures (houses, fences, sheds, garages, wooden decks, and similar structures) and conducted on noncombustible surfaces.
(3) 
Materials for burning must be clean seasoned firewood (wet wood, fresh cut wood, painted or stained wood creates smoky conditions and is not allowed to be burned).
(4) 
Competent adult supervision must be on site while fire is burning. A competent adult is someone over 18 years of age, not impaired by drugs, alcohol or having medical or mental conditions which could impair their ability to take proper action if required.
(5) 
A source of water must be available to control or extinguish any fire (charged garden house hooked up to a water supply, multiple pails of water or a 4-A fire extinguisher).
(6) 
No new materials can be added to the fire after 10:00 p.m.; fire must be extinguished before abandoning.
(7) 
Fire cannot create a nuisance. Smoke and/or odors may be considered a nuisance.
(8) 
Outdoor portable fireplaces made of metal, ceramic and like materials and contained with that approved appliance. The approved appliances must follow these same rules and not be placed on any combustible surfaces (decks, porches, tables, etc.). They may not be located less than 15 feet from a combustible structure and must be extinguished before abandoning.
(a) 
Recreational fires are a privilege and allowed for special occasions by the Department of Building, Fire and Emergency Services. A recreational fire which creates property damage, personal injury or is deemed a nuisance may be cause for further legal actions to be taken by the Department of Building, Fire and Emergency Services and/or the City of Olean Police Department.
(b) 
Any fire causing the Olean Fire Department or Olean Police Department to be called may be considered by the responding official as a nuisance fire. Nuisance fires shall be extinguished immediately.
Violations of this article shall be a minimum fine of $50 for a first offense and a $250 fine for each offense thereafter within a one-year period. If further expenses are incurred by the City, all expenses will be added to the fine to cover any and all costs the City incurred.