Harvey Cedars City Zoning Code
§ 13-7.15
Outdoor Fire Devices.
[Added 2-10-2025 by Ord. No. 2025-05]
a.
No person shall authorize or create, kindle, or maintain any open burning or fire unless conducted and permitted and/or approved in accordance with this section.
b.
Permitted outdoor fires are limited to recreational fires entirely contained within permitted portable fire devices and permanent fire devices, and which may only be lit and maintained with clean firewood, charcoal, manufactured fire logs, propane, and natural gas as permissible fuels. All other fuels, including, but not limited to, brush, leaves, trees, trash, refuse, and treated and wet wood are prohibited.
1.
All permitted outdoor fires shall be maintained in a manner that ensures any smoke and embers arising therefrom do not interfere with the air quality, peace, and quiet enjoyment of neighboring residents.
2.
With the sole exception of grills and related, permitted cooking devices, all portable fire devices and permanent fire devices shall possess and employ an ember-suppressing lid (stone/masonry devices must have a lid or screen).
c.
All solid fuel-burning (wood) fire pits, open wood burning, and/or open and unenclosed, and/or contained burning of any kind not in accordance with this section are prohibited.
d.
No permanent fire device may be constructed, affixed, and/or placed on any lot until a permit therefor has been issued by the Zoning Officer.
1.
An application shall be submitted to the Zoning Officer accompanied by a survey and a survey affidavit of no change, indicating the type of device and location to be installed. The location of the required fire extinguisher or working garden hose, as per this section, shall be shown on said plan.
e.
Portable fire devices are authorized and permitted for use without application for a permit from the Zoning Officer but shall comply with location requirements as indicated in this section.
f.
Location requirements.
1.
Portable fire devices shall be a minimum of five feet from any building or accessory structure and must comply to all yard setback requirements in all zones, except that such shall be permitted on decks and patios, provided such are a minimum of five feet from any building.
2.
Permanent fire devices shall be a minimum of five feet from any building or accessory structure and must comply to yard setback requirements in all zones.
3.
Permanent fire devices shall not exceed three feet in height nor cover an area greater that six feet by six feet.
4.
No more than one permanent fire device shall be permitted per lot or continuous lots under common ownership.
5.
Portable and permanent fire devices shall be within the radius of a working garden hose nozzle or a working fire extinguisher shall be stored within 10 feet therefrom.
6.
Permanent fire devices in compliance with this section shall be included in lot coverage calculation if 12 inches in height or more.
7.
Permanent fire devices must be constructed from materials that are in accordance with the requirements of the Fire Marshal and/or Fire Inspector and any applicable provisions of the Borough Ordinances.
8.
Permanent and portable fire devices may be permitted on decks and patios.
9.
Exterior masonry and wood burning fireplaces may be freestanding or attached to the principal or accessory buildings and shall comply with all fire codes, building codes and zoning regulations for masonry fireplaces.
10.
Portable barbeque grills and portable outdoor patio heaters shall be exempt from this section.
11.
Outdoor kitchens shall be governed by the Building and Zoning Codes.
g.
FEMA Regulations. The construction and placement of all permanent fire devices and placement of all portable fire devices shall comply with all applicable FEMA regulations.
h.
Enforcement.
1.
Enforcement shall be enforced by the Harvey Cedars Health Department, Code Enforcement Officers, and the Police Department.
2.
Any authorized officer, agent, employee or representative of the Borough who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.
3.
Any fire determined to be in violation of this section shall be required to be extinguished.
