us can't get enough of after a long winter. Many people enjoy having a fire
in their back yard. While that is legal, it is not always as enjoyable for
your neighbors. While you are enjoying sitting around your fire, the smoke
may be entering your neighbors house. It smells good when you are sitting
by it but it smells like a dirty ashtray in someone else's house. Please be
mindful of your neighbors. Having a fire occasionally is tolerable but
making a daily habit of it gets old for others.
The following is the city ordinance related to such fires. Two important
things to note are that fires must be 25 feet from any structure which rules
out most of our little backyards. Also, be sure to use only approved wood.
Toxins released while burning garbage, treated wood or yard waste is not
only against the law but causes the air quality in the neighborhood to be
unsafe, especially for children, the elderly and those with respiratory
illnesses.
We rely on all neighbors to monitor each other. What I smell at my house
might be coming from blocks away and I have no way of figuring out who it is
so I can speak to them (or call 911 if that is what it takes).
CHAPTER 178. RECREATIONAL FIRES
178.10. Definitions. Recreational fire. A small outdoor fire burning
approved materials for pleasure, religious, ceremonial, cooking, warmth or
similar purposes.
Approved materials. Fuel for a recreational fire consisting solely of
unpainted wood which has not been treated in any manner with chemicals or
preservatives. (2003-Or-143, § 1, 12-15-03)
178.20. Applicable rules. Every person starting, engaging in, conducting or
hosting a recreational fire shall observe and comply with the following
regulations, which are reflected in or are in addition to those imposed by
the Minnesota State Fire Code:
(1) The total fuel area being burned in any recreational fire shall not
exceed three (3) feet in diameter and two (2) feet in height.
(2) Recreational fires shall not be conducted within twenty-five (25) feet
of a structure or combustible material.
(3) A surrounding fire barrier of non-combustible material that is at
least six (6) inches in height must be used.
(4) Only approved materials may be burned in a recreational fire.
(5) Recreational fires shall be constantly attended by at least one
competent person eighteen (18) years of age or older and shall be completely
extinguished before being abandoned.
(6) On-site fire-extinguishing equipment - such as operable garden hoses,
sand and shovels, water buckets or barrels, or a portable fire extinguisher
with a minimum 4-A rating - shall be readily available for use at
recreational fires.
(7) Recreational fires shall only be conducted between the hours of 9:00
a.m. and 10:00 p.m.
(8) Recreational fires shall not be conducted if prevailing wind
conditions exceed ten m.p.h. (2003-Or-143, § 1, 12-15-03)
178.30. Discontinuance. The fire chief, chief of police or any authorized
member of the fire department, fire prevention bureau, or officer of the
police department may order the immediate extinguishment or may themselves
immediately extinguish any recreational fire which falls into any one of the
following categories:
(1) Creates a hazardous or unsafe condition.
(2) Creates a nuisance or reasonably objectionable situation for any
nearby resident.
(3) Violates any provision of this chapter or of any other chapter of this
Code.
(4) Violates any provision of the Minnesota State Fire Code. (2003-Or-143,
§ 1, 12-15-03)
178.40. Penalty. (a) Each violation of any provision of this chapter shall
be a petty misdemeanor, for which the maximum fine shall be eighty dollars
($80.00).
(b) The fire chief, chief of police or any authorized member of the fire
department, fire prevention bureau, or officer of the police department
shall have the power and duty to enforce this chapter through appropriate
administrative and legal remedies, including but not limited to issuance of
citation. (2003-Or-143, § 1, 12-15-03)
178.50. Applicability. This chapter shall apply solely to recreational
fires (including portable freestanding fireplaces and "chimineas") but shall
not apply to barbeque grills, incinerators, barbeque pits or any other
appliances or burning otherwise specifically regulated by the Minnesota
State Fire Code. (2003-Or-143, § 1, 12-15-03)
178.60. Conflict. In the event that any provisions of this chapter conflict
with the Minnesota State Fire Code or any other federal or Minnesota
statute, rule, or law, the more restrictive provision shall prevail.
(2003-Or-143, § 1, 12-15-03)