10.23 - Fire Protection § 10.23
Section 10.23: Fire Protection
Subdivision 1. Definitions
A. Open Burning: The burning of materials wherein products of combustion are
emitted directly into the ambient are without passing through a stack or
chimney from an enclosed chambers. Open Burning does not include road
flares, smudgepots and similar devices associated with safety or occupational
uses typically considered open flames, Recreational Fires or use of Portable
Outdoor Fireplaces. For the purpose of this definition, a chamber shall be
regarded as enclosed when, during the time combustion occurs, only
apertures, ducts, stacks, flues or chimneys necessary to provide combustion
air and permit the escape of exhaust gas are open.
B. Wood: Dry, clean fuel only such as twigs, branches, limbs, synthetic logs
designed for burning, charcoal, cordwood, or untreated dimensional lumber.
Wood does not include wood that is green, with leaves or needles, rotten,
wet, oil soaked, or treated with paint, glue, or preservatives.
C. Portable Outdoor Fireplace: A commercially purchased portable, outdoor,
wood burning fireplace that may be constructed of steel, concrete, clay or
other non-combustible material. A Portable Outdoor Fireplace may be open in
design or may be equipped with a small hearth opening and a short chimney
or chimney opening at the top. This includes chimineas, portable fire pits and
bowls.
D. Outdoor Fireplace: A fireplace built outdoors as defined by the Minnesota
State Building Code; requires a building permit prior to installation, but does
not require a Recreational Fire Permit.
E. Responsible Person: A person over the age of eighteen (18) who is
knowledgeable in use of fire extinguishing equipment.
F. Recreational Fire: An outdoor fire, burning materials other than rubbish or
debris, where the fuel being burned has a total fuel area of three (3) feet or
less in diameter and three (3) feet or less in height for pleasure, religious,
ceremonial, cooking, warmth or similar purposes. This includes Portable
Outdoor Fireplaces, in-ground and above ground pits and fire rings.
G. Recreational Fire Permit: A permit, issued by the City Manager or
designee, for the purpose of starting a Recreational Fire.
H. Structure: Is that which is built or constructed, an edifice or building of any
kind.
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§ 10.23
Subdivision 2. Negligent Fires
To conduct fires under this Section 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 City, Minnesota Pollution Control
Agency or any other governmental unit exercising jurisdiction in matters of
pollution or fire hazard regulation.
Subdivision 3. Open Burning
Open burning is not allowed for the purpose of thawing frozen ground or for
maintaining interior structure temperature in connection with construction projects.
A. No Open Burning shall be permitted within the municipal boundary of the
City, except as specifically provided in this Section.
B. Open Burning is not allowed for the purpose of thawing frozen ground or for
maintaining interior structure temperature in connection with construction
projects.
C. Limited to the following, any fires under managed supervision for which a
burning permit has been obtained from any State or Federal agency:
1. Fires purposely set for the instruction and training of public and industrial
firefighting personnel;
2. Fires set for the elimination of a structure/fire hazard which cannot be
abated by any other practicable means; and
3. Fires purposely set for forest, game, or grassland management purposes.
D. The permit holder shall notify the City Manager or designee prior to any Open
Burning.
E. At the discretion of the City Manager or designee, any Open Burning fire not
adhering to the above regulations, or that poses a dangerous condition shall
be considered a public nuisance and shall be immediately extinguished. Any
person or persons who fail to comply with these conditions shall be in
violation of this Section.
Subdivision 4. Recreational Fires
A Recreational Fire Permit, provided by the City Manager or designee, shall be
required prior to starting any Recreational Fire. Recreational Fire Permits shall be
valid for a period of one (1) calendar year and shall expire yearly on December 31.
Such fires shall adhere to the following regulations at all times:
A. Recreational Fires shall be constantly attended by a Responsible Person until
extinguished. During the time a Recreational Fire is burning, the Recreational
Fire Permit must be available upon request by the City Manager or designee.
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§ io.z3
B. Recreational Fires shall not be used for the disposal of yard waste,
construction materials, or common household trash. Fuel for Recreational
Fires shall only be that of clean wood.
C. No Recreational Fire shall be allowed if wind speeds exceed ten (10) miles
per hour.
D. Flames from a Recreational Fire shall not exceed three (3) feet in height as
measured from the base of the fire and three (3) feet in diameter.
E. Recreational Fires shall remain a safe distance from any Structure or
combustible materials and ten (10) feet from any property line. Portable
Outdoor Fireplaces with wire mesh screens shall remain a safe distance from
any Structure or combustible material and ten (10) feet from any property
line.
F. Conditions which could cause a fire to spread within a safe distance of a
Structure shall be eliminated before starting the fire.
G. A minimum of one (1) portable fire extinguisher with a minimum 4-A rating
or other approved on-site fire extinguishing equipment, dirt, sand or garden
hose readily available at all times until the fire is extinguished.
H. When prohibited by action of any state or federal agency, Recreational Fires
shall not be permitted.
I. Recreational Fires shall not be permitted if the Minnesota Pollution Control
Agency issues an air quality alert with an index rating of 101 or more, which
is deemed unhealthy for sensitive groups.
J. At the discretion of the City Manager or designee, any Recreational Fire not
adhering to the above regulations, or that poses a dangerous condition shall
be considered a public nuisance and shall be immediately extinguished. Any
person or persons who fail to comply with these conditions shall be in
violation of this Section.
K. Recreational Fire Permits shall only be issued to Responsible Persons.
Subdivision 5. Revocation
Violation of any provisions of this Section shall result in the revocation of any
Recreational Fire Permits for a period of one year.
Source: Ordinance No. 514, 2nd Series
Effective Date: 01-15-14
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