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HomeMy WebLinkAbout2013-01-09 PACKET 05.7.M ottage �- re rOSPerity Meet TO: Jennifer Levitt FROM: Allan Larson SUBJECT: Recreational Burning -City Comparisons DATE: 12/17/12 BACKGROUND: The Environmental Commission wanted a list of communities in the State that ban recreational fires. A review of 32 peer communities within the metro area, show that they all allowed for a residential recreational fire, controlled by the Fire Department; but not all required a permit. Communities within the metro area: Communities Recreational Fires Permit Required Comments Apple Valley Yes No Follow City Code Blaine Yes Yes Follow City Code Brooklyn Center Yes No Follow City Code Brooklyn Park Yes No Follow City Code Burnsville Yes Yes Follow City Code Chanhassen Yes No Follow City Code Champlin Yes No Follow City Code Chaska Yes No Follow City Code Crystal Yes No Follow City Code Eden Prairie Yes No Follow City Code Edina Yes Yes Free Permit Fridley Yes No Follow City Code Golden Valley Yes Yes Follow City Code Hastings Yes No Follow City Code Lakeville Yes No Follow City Code Maplewood Yes No Follow City Code Shakopee Yes No Follow City Code Shorewood Yes Yes Follow City Code So. St. Paul Yes No Follow City Code Woodbury Yes Yes By Fire Marshal White Bear Lake Yes No Follow City Code Savage Yes Yes Follow City Code St. Louis Park Yes Yes Follow City Code Rosemount Yes No Follow City Code Roseville Yes Yes Follow City Code Communities Recreational Fires Permit Required Comments Richfield Yes No Follow City Code Ramsey Yes Yes Follow City Code Oakdale Yes No Follow City Code New Hope Yes No Follow City Code New Brighton Yes No Follow City Code Minnetonka Yes Yes Free Permit Maple Grove Yes Yes Free Permit * * Once issued, the permit does not have to be renewed annually, but may be rescinded or cancelled by Fire Department. CONCLUSION: Although an annual permit is not required by all communities; their city code is required to be followed; all are similar in wording to the Cottage Grove City Code on recreational fires where the fire department does the approval and /or enforcement. [See example in attachment]. Outstate rural area recreational fires are covered by Section 307 of the MN. State Fire Code. ATTACHMENTS: Brooklyn Park Recreational Fire Policy Cottage Grove City Code -- Chapter 4 -8 -1 & Chapter 4 -6 -1 Memo State Fire Marshal Division X BR vnf Brooklyn Center Fire Department roof 6 645 Humboldt Avenue North TER Brooklyn Center, MN 55430 763 - 503 -3160 Requirements for Outdoor Recreational or Cooking Fires Except as authorized in this section, open burning of any material is prohibited. This prohibition does not apply to burning conducted by governmental authorities who have secured permission from the fire chief or to outdoor cooking using only propane or charcoal. Outdoor recreational or cooking fires may be permitted subject to the following requirements: a. All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least fifteen (15) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameter and the outside edge shall be ringed with brick or rock. Commercially manufactured outdoor fire pits may be used provided they are not more than three (3) feet in diameter. b. Only clean dry wood may be burned. No leaves, trash, treated or painted wood or any other materials may be burned. All burning material must be contained in the pit at all times. c. Fires shall be so managed and maintained that fires do not exceed three (3) feet above the fire pit, and persons are able to stand within four (4) feet of the fire. d. The fire shall be attended by an adult at all times and must be extinguished when unattended. An adequate source of water must be available at the pit for extinguishing the fire. e. Prevailing wind conditions shall be less than 10 miles per hour and shall not direct smoke toward other nearby residences. f. Outdoor recreational fires are permitted between the hours of 8:00 a.m. and midnight. All fires must be completely extinguished by midnight. g. No recreational fire shall be permitted when the city or Minnesota Department of Natural Resources ( www.dnr.state.mn.us /forestry /fire /fireratin�lo restrictions.html has officially declared a "burning ban" due to potential fire conditions, or when the Minnesota Pollution Control Agency (651- 297 -1630 or www.pca. state. mn.us has declared an air quality alert. h. The fire chief is authorized to require that recreational fires be immediately extinguished if it is determined by law enforcement or the fire department that the fire constitutes a dangerous condition, or causes undue hardship on neighboring residences. Failure to comply with any provision of this Chapter or with an order of law enforcement or the fire department is a violation of this section and subject to a fine. www. cityofbrookl yn center. orq Sterling Codifiers, Inc. Chapter 8 OUTDOOR WOOD BURNERS 4 -8 -1: PURPOSE: Page 1 of 5 This chapter is intended to ensure that outdoor wood burner systems are utilized in a manner that does not create a public nuisance and is not detrimental to the health, safety and general welfare of the residents of the city. (Ord. 867, 10 -7 -2009) 4 -8 -2: APPLICABILITY: This chapter applies to all outdoor burning and open burning within the city, but does not apply to: A. Grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances. B. Burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation. C. The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating construction or maintenance activities. D. Wood fires in fireplaces, stoves, heaters or furnaces, safely designed, constructed and installed for such purposes and complying with all applicable laws and ordinances. (Ord. 867, 10 -7 -2009) 4 -8 -3: DEFINITIONS: For purposes of this section, the following words shall have the definitions indicated unless the context clearly calls for or indicates a different meaning: http:// www. sterlingcodifiers .com/codebooldprintnow.php 11/15/2012 Sterling Codifiers, Inc. Page 2 of 5 CLEAN WOOD: Natural dry wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products and other environmental protection agency approved fuels. CONSTRUCTION AND DEMOLITION WASTE: Building waste materials, including, but not limited to, waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a structure. OUTDOOR WOOD BURNER SYSTEM: Any equipment, device, appliance, or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of heating system providing heat for any interior space or water source. An outdoor wood burner may also be referred to as an outdoor wood boiler or wood fired hydronic heater. An outdoor wood burner does not include a fire pit or wood fired barbecue. PATIO WOOD BURNING UNIT: A patio warmer or other portable wood burning device used for outdoor recreation and /or heating. (Ord. 867, 10 -7 -2009) 4 -8 -4: MATERIALS THAT MAY NOT BE BURNED: The following materials may not be burned: A. Rubbish or garbage including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, newspaper and paper products, corrugated cardboard, container board, composite shingles, construction or demolition debris or other household, hazardous or business wastes. B. Waste oil or other oily wastes. C. Asphalt and products containing asphalt. D. Treated or painted wood including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives. E. Any plastic material including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers. http:// www. sterlingeodifiers .com /codebooldprintnow.php 11/15/2012 Sterling Codifiers, Inc. Page 3 of 5 F. Rubber including tires and synthetic rubberlike products. (Ord. 867, 10 -7 -2009) 4 -8 -5: AREA OF OPERATION: An outdoor wood burner system may be installed and used only in accordance with the following provisions: A. The outdoor wood burner must be installed and used on parcels of land that are a minimum of three (3) acres in size and zoned AG -1, agricultural preservation; AG -2, agricultural; or R -1, rural residential. B. The outdoor wood burner must be located at least one hundred feet (100') from any property line. C. The outdoor wood burner must comply with all applicable laws including, but not limited to, ordinances that prohibit creating a human health hazard or a public nuisance. D. The outdoor wood burner must not be located in any required front yard. E. The outdoor wood burner must be equipped with properly functioning spark arresters. F. The outdoor wood burner must be located on the property in compliance with manufacturer's recommendations and listing requirements for clearance to combustible materials. G. The outdoor wood burner must be laboratory tested and listed to appropriate safety standards such as Underwriters Laboratories, American National Standards Institute, or Canadian Standards Association. http:// www. sterlingeodifiers .com/codebooldprintnow.php 11/15/2012 Sterling Codifiers, Inc. Page 4 of 5 H. The outdoor wood burner must be EPA outdoor wood qualified at the phase 2 emissions level or latest established phase for U.S. environmental protection agency's voluntary program. (Ord. 867, 10 -7 -2009) A building permit must be obtained to assure that the outdoor wood burner system meets all building and fire codes and manufacturer's specifications for installation. (Ord. 867, 10 -7- 2009) 4 -8 -7: APPLICATION FOR BUILDING PERMIT: An application for an outdoor wood burner permit must be made to the building inspections division upon forms furnished by the city and must include the following data: A. Name, address, and phone number of applicant and property owner; B. Legal description of the property; C. A sketch of the dimensions of the property, including location of buildings and the wood burner relative to the lot lines and distances from residences on adjacent properties; and D. Manufacturer's specifications for installation. All permits applied for under this section shall include an application fee that is determined from time to time by the city. (Ord. 867, 10 -7 -2009) 4 -8 -8: EXISTING NONCONFORMING OUTDOOR WOOD BURNERS: The lawful use of a nonconforming outdoor wood burner existing prior to the adoption hereof may continue to exist; however, the use of a nonconforming outdoor wood burner must not be a public nuisance or cause a human health hazard. (Ord. 867, 10 -7 -2009) http:// www. sterlingcodifiers .com /codebooldprintnow.php 11/15/2012 Sterling Codifiers, Inc. Page 1 of 3 4 -6 -1: OPEN BURNING: A. Definitions: For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: BURNING PERMIT: A permit issued by the city fire chief authorizing fires exempted from the general provisions hereof and setting conditions therefor. COMBUSTIBLE: Capable of being ignited and burning, combustible materials include, but are not limited to, wood structures or building materials, trees, brush, leaves, trash and woodpiles. MULTI - FAMILY DWELLINGS: A multi - family dwelling is any single structure containing three (3) or more separate living quarters, whether condominiums, townhouses or apartments. NONCOMBUSTIBLE: Not capable of igniting and burning readily. Noncombustible materials include masonry, brick and metal. OPEN BURNING: Burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through a stack, duct or chimney of a type meeting specifications from time to time established by the Minnesota pollution control agency. RECREATIONAL FIRES: Wood burning fireplaces and open fires used solely for outdoor recreational purposes. B. Open Burning Prohibited: Except as herein otherwise provided, open burning is prohibited within the city. C. Exemptions: Open burning of the types, and subject to the conditions, as hereinafter stated, shall be exempt from the prohibition of subsection B of this section: 1. Open burning for outdoor food preparation. a. Grilling is permitted at single - family dwellings, two- family dwellings, and multi - family dwellings where all dwelling units have ground level living areas. b. Barbecues for the purpose of cooking food may be permitted at multi - family dwellings if they are electric or gas fired barbecue grill, permanently mounted and wired or plumbed to the building's gas supply or electrical system. No multi - family dwelling owner, resident, or other person shall set, kindle, maintain, or permit any fire or open flame on or under any balcony or under any overhead wooden or combustible building projections of a multi - family dwelling except as permitted by this subsection. No barbecue, torch, or similar heating, cooking, burning, or lighting http:// www. sterlingcodifiers .com/codebooldprintnow.php 11/15/2012 ,,Sterling Codifiers, Inc. Page 2 of 3 equipment or device may be affixed to a deck or railing within five feet (6) of a multi- family dwelling or apartment with wood or combustible siding, even though there is no wooden deck or wooden projection above the open flame. The ignition device of the barbecue must be an electric starter. The use of any igniting fluids, pastes, or bricks is prohibited. The provisions of this subsection C1b apply to multi - family dwellings where one or more dwelling units do not have ground level living areas. 2. Recreational fires. Recreational fires are permitted on residential property as provided below: a. All recreational fires must be operated in compliance with the requirements of this subsection. Recreational fires must be located at least fifteen feet (15') away from any combustible structure and at least ten feet (10') from any property line, unless a different location is approved by the fire chief. Fires must be contained in a fire pit or enclosure that is constructed from brick, masonry, metal, or other noncombustible material. Fires must be no more than three feet (3') in diameter. Flame height must not exceed three feet (3'). No trash, leaves, stumps, treated, painted, varnished, or otherwise coated lumber may be burned. An adult must be in attendance and a charged water hose or fire extinguisher must be readily available at all times. Recreational fires are not permitted when area winds exceed fifteen (15) miles per hour or when the fire chief has issued a no fire order. Fires must be extinguished to the point of cold before being left unattended. b. The fire chief may order any recreational fire to be immediately extinguished if the fire poses a nuisance to surrounding residences. A nuisance is deemed to exist if the fire generates flying embers that pose a hazard to property or generates smoke or odors that unreasonably interfere with the use or enjoyment of neighboring properties. c. Fires under managed supervision, for which a burning permit has been obtained from the city fire chief and, where required by state law, from the pollution control agency, but limited to, the following: (1) Fires purposely set for the instruction and training of public and industrial firefighting personnel. (2) Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. (3) Fires purposely set for forest and game management purposes. (4) The burning of trees, brush, grass and other vegetation in the clearing of land, the maintenance of street, road and highway rights of way, and in accepted agricultural land management practices. 3. Exemption to conduct fires under this subsection C does not excuse a person from the consequences, damages or injuries which may result therefrom, nor does it exempt any person from regulations promulgated by the Minnesota pollution control agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. (Ord. 714, 3 -20 -2002) http:// www. sterlingeodifiers .com /codebooldprintnow.php 11/15/2012 ,Sterling Codifiers, Inc. 4 -1 -1: PUBLIC NUISANCE DEFINED: A public nuisance is a thing, act, occupation or use of property which shall: A. Annoy, injure or endanger the safety, health, comfort or repose of the public. B. Offend public decency. Page 1 of 1 C. Unlawfully interfere with, obstruct or tend to obstruct or tend to render dangerous for passage, a lake, navigable river, bay, stream, canal or basin or a public park, square, street, alley or highway. D. In any way render the public insecure in life or in the use of property. (1971 Code § 15 -1) http:// www. sterlingcodifiers .com/codebooldprintnow.php 11/15/2012 OFF UB`° State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101 -5145 Phone: 651 /201 -7200 FAX: 651/215 -0525 TTY: 651/282/6555 �P 4 � NE °F M9Cl Internet: http : / /www.fire,state.mn.us RECREATIONAL FIRES INFORMATION SHEET Alcohol & Gambling This fire safety information sheet is based on the 2007 Minnesota State Fire Code Enforcement (MSFC). The requirements outlined in this information sheet apply only to Bureau of recreational fires that are no larger than 3 feet in diameter and 2 feet in height used Criminal Apprehension for leasure religious, ceremonial cooking, or similar purposes. An fire p � g > > g> > p P Y larger than these dimensions is considered "open burning" and regulated by the Capitol Security Minnesota Department of Natural Resources (DNR). For further information on the Crime Victim requirements for open burning or for permits please contact the DNR at 651-296 - Services 6157 or info @drinstate.mn.us. Driver & Vehicle Services SECTION 1— RECREATIONAL FIRES Emergency Management / 1.1 Minimum requirements for recreational fires Emergency The 2007 MSFC establishes the minimum requirements for recreational fires that are Response applicable throughout the state of Minnesota. The following information is Commission applicable even if a local jurisdiction does not have an ordinance regulating State Fire recreational fires. Marshal / Pipeline Safety (1) Recreational fires must be at least 25 feet from all buildings or combustible State Patrol materials. Combustible materials are things such as wood, paper, and plastics Traffic Safety [MSFC (07) Section 307.4.2]. (2) Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition [MSFC (07) Section 307.4.2]. (3) Recreational fires must be constantly attended until the fire burns out completely or is extinguished [MSFC (07) Section 307.5]. (4) A minimum of one portable fire extinguisher complying with MSFC (07) Section 906 with a minimum 4 -A rating or other approved on -site fire extinguishing equipment, such as dirt, sand, or garden hose shall be readily available at all times until the fire is extinguished. Examples of other approved fire extinguishing equipment would be a charged garden hose, dirt, or sand (and a means of applying it) [MSFC (07) Section 307.5]. (5) The only materials permitted in a recreational fire are wood from trees, small MINNESOTA I N N SAFETY branches, brush, or charcoal. Treated lumber materials, construction debris, { garbage, plastic materials, or waste materials are not allowed to be burned in t' recreational fires [MN Statute 88.171]. �E (6) Recreational fires must be immediately extinguished if they pose a fire safety risk, if they are not in compliance with the above, or when directed to do so by a police officer, firefighter, fire warden, or DNR officer [MSFC (07) Section 307.3]. The MSFC (07) does not contain any regulations for immediate extinguishment if the smoke from a recreational fire is a nuisance to an adjoining property. However, many cities have language within their ordinance that requires the fire to be extinguished if someone complains about the smoke. Furthermore, some local ordinances have limitations on recreational fires when wind speeds exceed a specified amount (15 mph, 20 mph, etc.). For more information please consult with your local city or fire official. 1.2 Local ordinances Many cities choose to adopt ordinances that are more stringent than the information listed in section 1.1. For this reason, it is important to check with your city before you have a recreational fire since they may have an ordinance that goes above and beyond the requirements of the MSFC. Compliance with the above information may not mean you are in compliance with all local regulations. If you have additional questions not answered in this document please contact the State Fire Marshal Division at (651) 201 -7200. Questions can also be e- mailed to firecode @state.mn.us or view our web page at www.fire.state.mn.us for the latest information on fire in Minnesota.