[HISTORY: Adopted by the Council of the City
of Northfield 2-7-2023 by Ord. No. 2-2023.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
117, Burning, Outdoor, adopted 6-6-1972 by Ord. No. 4-1972 (Ch. 59
of the 1974 Code).
Except as set forth in this chapter, it shall be unlawful for
any person or persons or corporation to burn brush, weeds, grass,
leaves, wastepaper or other combustible material out of open doors
in the City of Northfield at any time.
A.
Firepits, chimineas, or other similar devices are authorized within
the City of Northfield subject to the restrictions set forth in this
chapter. For the purpose of this chapter, a firepit shall be considered
as any outdoor fireplace unit built after obtaining permits and approvals
pursuant to the Uniform Construction Code; or
B.
Any equipment designed and used for outdoor fires and operated pursuant
to manufacturer's instructions.
All such firepits, chimineas, and similar devices as set forth
above shall have a pit/firebox for burning of permitted combustible
materials no larger than nine square feet in area and are required
to have an approved screen or spark arrestor.
A.
Firepits, chimineas, and similar devices may only be used at residential
properties containing two or fewer units and are prohibited from being
used at any commercial establishment or for any commercial use or
at any multifamily dwelling in excess of two units.
B.
Firepits, chimineas, and similar devices shall be kept at ground
level and must be placed upon a noncombustible surface such as brick
or cement. No firepits, chimineas, or similar devices shall be permitted
on any type of elevated landing, surface, deck, stairway, roof or
other elevated platform or portion of a structure. Notwithstanding
the foregoing, firepits, chimineas, and similar devices may be utilized
on an elevated platform only in the event said platform is non-combustible,
or in the event said firepit, chiminea or similar device is fueled
only by natural gas or propane.
C.
Firepits, chimineas, and similar devices fueled by wood are prohibited
from being used within 10 feet of any structure, including, but not
limited to, homes, garages, sheds, showers or other such structures.
Firepits, chimineas, and similar devices fueled by natural gas or
propane are prohibited from being used within six feet of any structure,
including, but not limited to, homes, garages, sheds, showers or other
such structures.
D.
Firepits, chimineas, and similar devices are prohibited from being
used within five feet of any other combustible surface, including,
but not limited to, bushes, fences, pools, plants, shrubs, houses
used for feeding of sheltering animals or other combustible surfaces.
E.
Firepits, chimineas, and similar devices are prohibited from being
used underneath any cave, overhang, roof, wires, tree limbs, vegetation,
gutter, downspouts or decks.
F.
Firepits, chimineas, and similar devices are not permitted in the
front yard.
Any firepit, chiminea, or similar device must be constantly
attended while in use and shall not be left unattended while any burning,
smoldering or heat generation is taking place.
No firepit, chiminea, or similar device shall be used in the
City of Northfield other than during the hours between 9:00 a.m. and
12:00 midnight.
No trash or other waste such as garbage, leaves, construction
debris, rubbish, plastic materials, leather, furniture or petroleum-based
materials may be used to fuel any fire in a firepit or similar device
within the City of Northfield. Only dry, seasoned firewood, prepackaged
"Duraflame" type logs, natural gas, or propane may be used as fuel
for any fire in a firepit, chiminea or similar device within the City
of Northfield. The same shall be lighted by the minimal amount of
newspaper or wood kindling necessary. Under no condition shall a flammable
or combustible liquid such as lighter fluid, kerosene, gasoline or
other combustible liquid be used to start, fuel or otherwise enhance
any fire in a firepit in the City of Northfield.
No person shall leave the contents of a firepit, chiminea, or
similar device burning or smoldering and proper extinguishment of
the same is required. For the purpose of this chapter, proper extinguishment
of the contents of a firepit, chiminea, or similar device may be obtained
by using a fire extinguisher with a minimum of a 4A rating or a garden
hose with suitable water supply. The fire shall be properly and thoroughly
extinguished and ashes are to be properly disposed no sooner than
48 hours after burning. Ashes may be stored in a metal can with a
tightly fitted lid which is located at least five feet away from any
building or other combustible surface or material.
The Northfield Fire Department, Police Department and Code Enforcement
Officer, or any of their designees or officers may enforce this chapter.
Anyone authorized to enforce this chapter shall have the authority
to immediately cause any person using a firepit, chiminea, or similar
device within the City of Northfield to extinguish the same and order
that the same not be used for an appropriate duration of time if said
enforcement official believes that the continued use of a firepit,
chiminea, fireplace, or other similar device may cause any of the
following conditions:
This chapter shall not apply to any burning that requires a
permit to be obtained pursuant to the New Jersey Uniform Fire Code.
To the extent this chapter is in conflict with the New Jersey Uniform
Fire Code or the Uniform Construction Code, said Code shall take precedence.
A.
The following penalties shall be applicable for any violations of
this chapter:
(1)
For a first offense: A violator shall be informed of the violation,
and ordered to properly extinguish the fire contained in the firepit,
chiminea, or similar device. The violator shall be given a verbal
warning and shall be subject to increased penalties for subsequent
violations.
(2)
For second offense: For any offense which occurs within a twenty-four-month
period of the first offense, a violator shall be subject to a fine
of no less than $100 and no more than $2,000 and/or be required to
perform up to 90 days of community service in the discretion of the
appropriate Judge.
(3)
For third or subsequent offense: For any offense which occurs within
24 months of a second offense, said violator shall be subject to a
fine of no less than $200 and no more $2,000, and/or community service
not to exceed 90 days and/or imprisonment for a term not to exceed
90 days, all in the discretion of the appropriate Judge.
B.
A violation will be considered a subsequent offense if a previous
offense has occurred at the same property address within 24 months
of a previous offense even if a citation was issued to another individual
at said address.
