[Adopted 9-10-2024 by Ord. No. 17-24]
A. 
Residential firepits or other similar devices are authorized within the Borough of Oaklyn subject to the restrictions set forth in this chapter. For the purpose of this chapter, a residential firepit shall be considered as an outdoor fireplace; or
B. 
Any equipment designed and used for outdoor fires and operated pursuant to manufacturer's instructions.
C. 
The construction and/or installation of any residential firepits, outdoor fireplace or other similar devices, or any equipment designed and used for outdoor fires will require permits and approvals pursuant to the Uniform Construction Code.
All such residential firepits as set forth above shall be no larger than three feet in diameter and two feet in height and are required to have an approved screen or spark arrestor.
A. 
Such residential firepits may only be used at residential properties containing two or fewer units and are prohibited at any multifamily dwelling in excess of two units.
B. 
All such devices shall be kept at ground level and must be placed upon a noncombustible surface such as brick or cement. No such devices shall be permitted on any type of elevated landing, surface, deck, stairway, roof or other elevated platform or portion of a structure.
C. 
Said devices are prohibited from being used within 15 feet of any structure, including but not limited to homes, garages, sheds, showers or other such structures.
D. 
Such 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. 
Said devices are prohibited from being used underneath any cave, overhang, roof, wires, tree limbs, vegetation, gutter, downspouts or decks.
F. 
Residential firepits are not permitted in the front yard.
No residential firepit shall be used in the Borough of Oaklyn 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 residential firepit within the Borough of Oaklyn. Only dry, seasoned firewood or prepackaged "Duraflame" type logs may be used as fuel for any fire in a residential firepit within the Borough of Oaklyn. 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 residential firepit in the Borough of Oaklyn.
No person shall leave the contents of a residential firepit burning or smoldering and proper extinguishment of the same is required. For the purpose of this chapter, proper extinguishment of the contents of a residential firepit 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 Chief of the Oaklyn Borough Fire Department or his designee and/or officers of the Oaklyn Borough Police Department may enforce this chapter. Anyone authorized to enforce this chapter shall have the authority to immediately cause any person using a residential firepit within the Borough of Oaklyn 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 residential firepit may cause any of the following conditions:
A. 
An increased risk of fire hazard due to wind or other atmospheric conditions.
B. 
A nuisance to any neighbors due to flames, sparks or smoke emission from a residential firepit.
C. 
The use of any residential firepit in violation of this chapter.
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: any person(s) who violates any provision of this chapter shall be informed of the violation, and ordered to properly extinguish the fire contained in the residential firepit. The person(s) shall be given a verbal warning and shall be subject to increased penalties for subsequent violations.
(2) 
For second and subsequent offenses: for any offense which occurs within 24 hours of the first offense, any person(s) who violates any of the provisions of this article shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in § 1-14 of the Code of the Borough of Oaklyn, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made.
B. 
A violation will be considered a subsequent offense if a previous offense has occurred at the same property address within 24 hours of a previous offense even if a citation was issued to another individual at said address.