FIRE DEPARTMENT MEMORANDUM

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FIRE DEPARTMENT MEMORANDUM October 27, 2014 TO: FROM: SUBJECT: City Council Jim Jensen, Fire Chief Second reading, public hearing, and action on a proposed ordinance updating Janesville s outdoor

1 FIRE DEPARTMENT MEMORANDUM October 27, 2014 TO: FROM: SUBJECT: City Council Jim Jensen, Fire Chief Second reading, public hearing, and action on a proposed ordinance updating Janesville s outdoor burning, cooking device, fire pit, and recreational burning ordinances with penalties for violations thereof as set forth in JGO referencing the penalties in JGO (File Ordinance No ) Relates to Strategic Plan Strategic Goal - Safe & Healthy Community This ordinance establishes controls on open burning in an effort to minimize fire risk and reduce undesirable levels of air contaminants in the atmosphere. Executive Summary The proposed ordinance updates existing fire regulations to include current Fire Department recommendations and practice, and provides for the use of gas-fed recreational fire devices. City Recommendation The City recommends adoption of File Ordinance No updating Janesville s outdoor burning, cooking device, fire pit, and recreational burning ordinances with penalties for violations thereof as set forth in JGO referencing the penalties in JGO Suggested Motion I move to adopt File Ordinance No updating Janesville s outdoor burning, cooking device, fire pit, and recreational burning ordinances with penalties for violations thereof as set forth in JGO referencing the penalties in JGO Background Outdoor, wood-burning recreational fires in portable devices have been allowed in the City for several years. As a result of citizen contacts and concerns related to these recreational fires, Councilmember Farrell and Councilmember Bobzien initiated a review of and suggested possible changes to recreational burning regulations. Additionally, Councilmember Marklein has requested staff to consider the use of gas-fed recreational fire devices. 1

2 Options Adopt File Ordinance No updating Janesville s outdoor burning, cooking device, fire pit, and recreational burning ordinances with penalties for violations thereof as set forth in JGO referencing the penalties in JGO Defeat File Ordinance No , thus not updating Janesville s outdoor burning, cooking device, fire pit, and recreational burning ordinances with penalties for violations thereof as set forth in JGO referencing the penalties in JGO Analysis The Fire Department routinely responds to citizen complaints regarding outdoor recreational fires and improper burning. From , the Fire Department responded to 363 such complaints, with 318 considered to be illegal according to current ordinance language. In many of these cases, residents were unclear about burning regulations. Current practice allows for one warning prior to issuing a citation. Since 2000, there have been 58 citations issued for illegal burning. Of the 363 complaints, 45 were determined to be legal according to current ordinance language. In a number of these cases, fires were allowed to burn or smolder while unattended, resulting in nuisance complaints as well as safety concerns. Unattended recreational fires in portable devices are not currently prohibited by ordinance. Recently, gas-fed recreational fire devices have been made available to consumers. Devices with appropriate outside agency testing and listing, which are properly installed and maintained, minimize the release of burning embers and undesirable contaminates. Current ordinance language does not address the use of gas-fed recreational fire devices. Conclusions Although wood-burning recreational fires in portable devices have been allowed in the City for years, there is no specific ordinance language regulating the use of these devices. Existing language regarding approved incinerators has been loosely applied in an attempt to provide guidance to residents and City staff. In addition, no language exists regarding gas-fed recreational fire devices. Ordinance updates are needed to more clearly regulate the use of wood-fired and gas-fed recreational fire devices. Adoption of File Ordinance No supports the City of Janesville s strategic goal of providing a Safe and Healthy Community. Restated City Recommendation The City recommends adoption of File Ordinance No updating Janesville s outdoor burning, cooking device, fire pit, and recreational burning ordinances with penalties for violations thereof as set forth in JGO referencing the penalties in JGO cc: Mark Freitag, City Manager Maxwell Gagin, Assistant to the City Manager 2

3 ORDINANCE NO An ordinance updating Janesville s outdoor burning, cooking device, fire pit, and recreational burning ordinances, with penalties for violations thereof as set forth in JGO referencing the penalties in JGO THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Sections , , and of the Code of General Ordinances of the City of Janesville are hereby amended and Section of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: Sections: Ashes Disposition requirements Burning regulations Restrictions Exception Outdoor recreational fires Special outdoor fire permits Ashes Disposition requirements. No person shall keep or deposit or allow to be kept or deposited upon any property in which such person possesses any ownership or possessory interest, any ashes in any wooden vessel within the limits of this City, nor shall any person throw or deposit or permit to be thrown or deposited any ashes upon his, her, or its premises or property within ten feet (10 ) of any wooden (in whole or part) building, structure, fence, other wooden improvement, or tree, unless the ashes are deposited and kept in a secure stone, brick, cement, or metallic receptacle or ash room. Any such receptacle shall not rest or stand upon any wooden or other combustible surface or object(s) Burning regulations Exception--Restrictions. A. No person shall burn rubbish, trash, leaves, or debris anywhere within the City or in any cooking device or in any Campfire Pit (see definition in JGO A. 1 and 2, below). B. Leaves may be burned on public lands by City employees and upon cemetery property by City or cemetery employee(s) if the burning occurs not less than two hundred feet (200 ) from the nearest privately owned land and then only if the express permission of the Chief of the Fire Department or his/her designee is granted. C. Incinerators may be allowed and used upon commercial properties provided that each such incinerator is approved by the Chief of the Fire Department of the City or his/her designee. Such incinerator shall be installed and operated solely in accordance with the manufacturer s specifications, all applicable City of Janesville General Ordinances, Fire Ordinances, Building Codes, State and federal Fire Codes, and other applicable life-safety codes, regulations, and laws. D. Fires started by the fire department for training purposes or otherwise shall be allowed within the city limits.

4 E. Prior to conducting any burning on a property by someone other than the property owner, permission shall be obtained from the property owner. F. Smoke, ash, and fire from any outdoor fire of any kind shall not create a nuisance for neighboring properties, and fires shall be completely extinguished when any police officer, code inspection, Fire Marshall, or other fire department employee or officer determines a nuisance is present Outdoor cooking and recreational fires. A. All wood-fired outdoor cooking and recreational fires are subject to the following rules: 1. Wood-fired outdoor cooking fires are only allowed in portable, commercially-manufactured cooking devices intended for such use. 2. Wood-fired outdoor recreational fires are only allowed in aboveground, commerciallymanufactured, portable, campfire pits, herein referred to as Campfire Pit, that is manufactured with a lid and screening around the burning area to prevent sparks from escaping. 3. All outdoor cooking devices and Campfire Pits shall be used only as an entire unit. 4. Lids and screening shall be in place during use of the cooking device or Campfire Pit. 5. Cooking devices and Campfire Pits shall only be used a minimum of twenty-five feet (25 ) from the nearest portion of any building, lumber pile, wood pile, wooden fence, wooden deck, dry grass, or other combustible materials or vegetation. 6. Cooking devices and Campfire Pits cannot be used if winds or gusts reach twenty miles per hour (20 mph) or greater. 7. Cooking devices and Campfire Pits must be constantly attended by a responsible adult until the fire is completely extinguished and a garden hose connected to a water supply or other acceptable fire-extinguishing equipment shall be at all times must be readily available for use while the fire is kindled. 8. No combustible materials other than clean, dry natural wood and kindling may be burned outdoors and then only in a manufacturer-made cooking device or Campfire Pit. No accelerants may be used to start a fire. 9. Cooking devices and Campfire Pits shall be maintained in good repair and in a safe condition at all times. B. Gas-fed outdoor cooking and recreation fires are subject to the following rules: 1. All burners, appliances, devices, and associated equipment shall be tested and listed by an accepted agency such as Underwriters Laboratories.

5 2. All burners, appliances, devices, and associated equipment shall be installed, operated, and maintained in accordance with the manufacturer s specifications at all times. 3. All outdoor cooking and recreational fires must be constantly attended by a responsible adult while kindled. 4. No solid combustible materials may be burned in any gas-fed appliance or device. 5. Natural gas-fed burners, appliances, devices, and associated equipment require a plumbing permit prior to installation and inspection(s) for the gas piping. Plumbing permits may be obtained through the city s Building Services Division. 6. Where the outdoor cooking or recreational fire burner, appliance, device, or associated equipment is incorporated into a structure, building, or other improvement, the Uniform Dwelling Code shall also apply. C. The use of sky lanterns or similar devices which carry an open flame into the air is prohibited within the City limits Special outdoor fire permits. A. Bonfire or temporary burn permits may be granted for special events. 1. To obtain a permit, a signed and dated letter must be submitted to the Fire Marshal. The letter must include the following: a. The date, specific time, and specific place of the bonfire or burn. b. The nature of the event (reason for the request.) c. A brief description of the bonfire or burn and any precautions that will be taken. the bonfire or burn. d. The name and contact information for the person(s) who will be in charge of 2. Approval of requests for a bonfire or burn will be mailed to the applicant or can be picked up at Fire Station Number One. 3. Approved bonfires and burns are subject to the following additional regulations: a. The person in charge of the bonfire or burn must call the non-emergency phone number for the 911 Center at (608) prior to and after completing the bonfire or burn. b. An adequate number of operable fire extinguisher(s) shall be available at all times within one hundred feet (100 ) of the bonfire or burn. c. The bonfire or burn shall not be closer than fifty feet (50 ) from the nearest portion of any building, lumber pile, wood pile, wooden fence, wooden deck, or other combustible material(s).

6 d. The bonfire or burn cannot occur if winds or gusts reach twenty miles per hour (20 mph) or greater. e. The bonfire or burn shall be constantly attended by an adequate number of responsible adults until the fire is completely extinguished. f. The bonfire or burn shall be contained in an area where it cannot spread. g. The material to be burned shall not emit large flying embers, excessive smoke, or toxic or harmful gasses other than that produced by untreated burned wood and paper. h. No accelerants may be used to start the bonfire or burn. B. Campfires may be allowed in City parks by requesting a permit from the City Recreation Division. C. Requests for prairie burns shall follow applicable City of Janesville General Ordinances including, but not limited to, JGO D. 5., as from time to time amended or renumbered. D. Failure to comply with the burning ordinance shall result in one or more of the following Firefighter, Fire Marshall, Fire Chief, police, building official, and/or City Attorney Office enforcement action(s), depending upon the severity and/or danger of the situation, potential or actual harm, and/or nature of the violation(s): 1. First contact may result in an oral or written warning. 2. Subsequent contacts may result in enforcement actions and/or the imposition of forfeitures and/or injunctive relief for abatement and/or prevention. 3. The Janesville Fire Chief has final discretion. ADOPTED: APPROVED: Mark A. Freitag, City Manager ATTEST: Jean Ann Wulf, City Clerk-Treasurer Motion by: Second by: Councilmember Aye Nay Pass Absent Bobzein Farrell Fitzgerald Kealy Liebert Marklein Severson APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Fire Marshall and Fire Chief Prepared by: City Attorney

RECREATIONAL FIRES AND OPEN BURNING REGULATIONS

RECREATIONAL FIRES AND OPEN BURNING REGULATIONS VILLAGE OF MAHOMET 503 EAST MAIN STREET P.O. BOX 259 MAHOMET, IL 61853 Phone: 217-586-4456 Fax: 217-586-5696 E-mail: villageofmahomet@mahomet-il.gov Website: