Chapter 7 · Fire

Article 4. Open Burning

Sections 7-401 to 7-408 · 8 sections

7-401 Definitions.

(a)Open Burning is defined as any burning of a bonfire, recreational fire, rubbish fire, lawn fire, garden fire or other fire in an outdoor location where fuel being burned is not contained in an allowable outdoor recreational device. Open burning does not include road flares, smudge pots, and similar devices typically used for safety or occupational purposes.

(b)Allowable Outdoor Recreational Devices. Chiminea, patio fireplace, patio heater or similar device that are UL certified and have not been modified so that spark arresters and other safety equipment are not operating as designed are defined as Allowable Outdoor Recreational Devices. Open fire pits are not permitted. As an alternative to a UL certified device, an Allowable Outdoor Recreational Device shall include a non-UL certified or modified device if (a) the fire box is constructed of non-combustible materials and measures no larger than three (3) feet wide, three (3) feet long and has a minimum depth of six inches into the ground; (b) has a spark arresting mesh of a quarter inch square or smaller over all openings and (c) the owner has received written approval from the Downs Fire Chief or designee prior to use and prior to any subsequent modification.

(Code 2023)

7-402 Open burning prohibited.

Open burning in the City is prohibited except for:

(a)Fires using Allowable Outdoor Recreational Devices, as defined in Section 7-401;

(b)Fires for the non-commercial preparation of food as provided in Section 7-405;

(c)Fire places or heaters constructed, installed, operated and maintained pursuant to the most recent International Fire Code adopted by the City from time to time;

(Code 2023)

7-403 Incendiary fires prohibited.

It shall be unlawful for any person, firm, corporation, partnership, association, organization or governmental agency to deliberately, maliciously or negligently kindle or cause to be kindled a fire in the City for the purpose of fraud, spite, revenge, vandalism, or for any reason that may endanger public health safety or cause loss of life or property, or endanger the personnel assigned to respond.

(Code 2023)

7-404 Discontinuance.

The Downs Fire Chief or his/her designee is authorized to require that any fire be immediately extinguished if such fire is determined by the Chief to constitute a hazardous condition under existing conditions.

(Code 2023)

7-405 Fires used for non-commercial preparation of food.

Fires used for non-commercial preparation of food, such as barbecuing, are permitted provided that the fire is in a freestanding cooking device using fossil fuel or natural gas, except it shall be unlawful to use, store or maintain a freestanding cooking device on the balcony, deck or patio of a multi-family dwelling containing more than four units unless: (1) such device uses only natural gas supplied by a fixed pipe; or, (2) such device is at a distance that is not less than fifteen feet (15’) from the structure of the multi-family dwelling and uses only natural gas, charcoal, wood or liquid propane.

(Code 2023)

7-406 Attendant.

Recreational fires shall be constantly attended by a person eighteen (18) years of age or older knowledgeable in the use of fire extinguishing equipment. An attendant shall supervise a recreational fire until such fire has been extinguished. Buckets, fire extinguishers, shovels or garden hoses shall be readily available for use at recreational fires.

(Code 2023)

7-407 Recreational fire device at dwelling.

It shall be unlawful to use, store or maintain a recreational fire device, such as a chiminea, patio fireplace, patio heater or similar device on the balcony, deck or patio of a dwelling unless (1) such device uses only natural gas supplied by a fixed pipe; or, (2) such device is at a distance that is not less than ten feet (10’) from the structure, such device is at least five feet (5’) from any flammable materials, the wind speed is fifteen (15) miles per hour or less and uses only natural gas, charcoal, wood or liquid propane.

(Code 2023)

7-408 Violation.

The sentence for any violation of any section of this Article 4 shall be the same penalty as provided herein for a Class C violation of the Uniform Public Offense Code as adopted from time to time.

(Code 2023)