[Adopted 11-10-2022 by Ord. No. 2022-10]
No person shall operate or use or maintain any open fire or
any device commonly known as a "barbecue" in or on any apartment unit,
porch, balcony, covered patio area or any other private area of an
apartment, condominium or other multifamily dwelling unit.
As used in this article, the following terms shall have the
meanings indicated:
Propane barbecue grill, charcoal fire grill, electric grill
and hibachi-type unit that uses charcoal.
A person shall be permitted to operate or use or maintain any
barbecue unit (previously defined) on the ground level at a distance
of 10 feet away from any exterior combustible wall of any apartment,
condominium or other multifamily dwelling unit.
In the best interest of public safety, health, and air pollution,
there shall be no open burning within the Township boundaries unless
a permit has been issued by the Fire Official or the State of New
Jersey, Division of Forestry. For permits issued, the permittee must
follow all applicable rules and regulations (New Jersey Uniform Fire
Code and/or N.J.A.C. Title 13). Penalties shall be assessed as follows
if property owners or tenants are found in violation of this section:
first offense, $100 and written warning; second offense, $250 and
court appearance required; third offense, $1,000 and charges filed
in Municipal Court.
A.
Outdoor fire. For the purpose of this section, an approved outdoor
fire shall be classified as any fire taking place on a residential
property within Lumberton Township for the sole purpose of providing
warmth or recreation and is contained within an approved device. Approved
outdoor fires shall not be subject to the above-required permit process
unless deemed necessary by the Fire Official. Approved devices shall
include commercially manufactured chimineas, outdoor fireplaces, and
firepits, or those constructed in a similar and approved manner. Approved
devices shall have a total fuel area not exceeding three feet in diameter
and two feet in height and must remain covered by a metal mesh safety/spark
screen cover.
B.
Fuel for outdoor fires shall be limited to seasoned firewood, natural
gas or propane and shall not be ignited using flammable/combustible
liquids.
C.
Outdoor fires shall not be located within 20 feet of any property
line and 15 feet from a combustible structure. Combustible structures
shall include: dwellings, garages, sheds, decks, and fences.
D.
Outdoor fires shall be prohibited at any "Use Group R-2" Zones as
defined by N.J.A.C. 5:70-1.5, to include all multiple-family dwellings
having more than two dwelling units as well as all dormitories, rooming
houses, group rentals where the occupants are living independently
of each other and similar buildings arranged for shelter and sleeping
accommodations in which the occupants are primarily not transient
in nature. This use group shall also include attached one- and two-family
dwelling units which do not meet the definition for Use Group R-3.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability, including
but not limited to bodily injury, property damage and wrongful death
resulting from damage caused by the fire.
