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City of Batavia, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Batavia 11-25-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Grass, weeds and debris — See Ch. 96.
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 chapter.
As used in this chapter, the following terms shall have the meanings indicated:
BARBECUE PIT
A noncombustible container designed for roasting or baking food or meat over an open fire.
BONFIRE
An outdoor fire utilized for ceremonial purposes. A ceremony is a formality observed on a special or specific occasion; a ritual; a customary procedure.
COOKING DEVICE
A noncombustible, listed device designed for cooking food or meat. A listed cooking device shall be fueled by either natural gas, liquified petroleum gas (LP gas), or commercial charcoal or briquests.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots, and similar devices associated with safety or occupational uses.
OUTDOOR FIREPLACE
A noncombustible container designed for burning wood wherein products of combustion are emitted into the air by either passing through a stack or chimney from an enclosed container or emitting into the air without passing through a stack or chimney from an enclosed container. The total fuel area shall be three feet or less in diameter and two feet or less in height.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where the fuel being burned is contained in a container designed for burning and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
A. 
An operational permit for a bonfire shall be obtained from the Fire Chief and Code Enforcement Official or his or her designee prior to igniting such bonfire. Application for such approval shall only be presented by and a permit issued to the owner of the land upon which the bonfire is to be kindled.
B. 
A bonfire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property due to smoke or odor emissions shall be prohibited.
C. 
The Fire Chief or Chief of Police or his or her designee is authorized to order the extinguishment of a bonfire which creates or adds to a hazardous, offensive, or objectionable condition.
D. 
Materials. Materials used for fuel for a bonfire shall consist of wood only.
E. 
Size. The pile size for a bonfire shall be 12 feet or less in diameter and six feet or less in height.
F. 
Location. The location of a bonfire shall not be less than 100 feet from any building or structure, and provisions shall be made to prevent the fire from spreading to within 100 feet of any building or structure.
(1) 
Exception. The minimum required distance of a bonfire from a building or structure shall be 25 feet where the pile size is three feet or less in diameter and two feet or less in height.
Open burning shall be prohibited.
A. 
A recreational fire shall not be conducted within 25 feet of any building, structure, or combustible material unless the fire is contained in a barbecue pit or outdoor fireplace. Materials used for fuel for a recreational fire shall consist of wood only.
B. 
Exceptions.
(1) 
A cooking fire shall be contained in a cooking device designed for cooking and be fueled by natural gas, liquified petroleum gas, or commercial charcoal or briquets.
(2) 
A recreational fire contained in a container, designed for burning combustibles, positioned on a noncombustible surface, and that is not less than 15 feet from a building or structure.
(3) 
A cooking fire in a container, designed as a barbecue pit, positioned on a noncombustible surface, and that is not less than 15 feet from a building or structure.
C. 
A recreational fire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property due to smoke or odor emissions shall be prohibited.
D. 
The Fire Chief or Chief of Police or his or her designee is authorized to order the extinguishment of a recreational fire which creates or adds to a hazardous, offensive, or objectionable condition.
Bonfires and recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher with a minimum 4-A rating or other locally approved on-site fire extinguishing equipment, such as dirt, sand, a water barrel, garden hose or fire truck, shall be available for immediate utilization.
A. 
Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies, decks, porches, or within 10 feet of combustible construction.
B. 
Exceptions:
(1) 
One- and two-family dwellings.
(2) 
Where buildings, balconies, decks, or porches are protected by an approved automatic sprinkler system.
(3) 
Liquefied petroleum gas (LP gas) burners, used with a cooking device, designed for cooking, having an LP gas container with a water capacity of 2.5 pounds or less.
Any person who shall fail to comply with this chapter shall be guilty of a violation; however, in no case shall the fine imposed exceed a fine of $250 and/or a fifteen-day jail sentence. Each day that a violation continues shall be deemed a separate offense.