Any provisions of this article which so conflict with the Uniform Fire Code, Edition 1994, shall supersede sections of the Uniform Fire Code, Edition 1994, adopted by the City of Beloit.

(Ord. 2223)

For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein.

(a)   Portable Outdoor Fireplace. A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and short chimney or chimney opening in the top. The term “Portable Outdoor Fireplace” shall not include an electric, gas, or charcoal barbecue grill used for the preparation of food.

(b)   Recreational Fire. An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

(Ord. 2223)

(a)   Portable outdoor fireplaces shall not be operated within 15 feet of any structure, property line, or combustible materials.

(b)   Portable outdoor fireplaces shall not be used on a combustible deck.

(c)   Portable outdoor fireplaces shall not be used under the balcony of any dwelling or structure.

(d)   Portable outdoor fireplaces shall not be used when wind speed is in excess of 15 miles per hour.

(e)   Recreational fires must be enclosed by some noncombustible fire ring at least 1 foot in height above the ground and no more than 3 feet in diameter and shall not be constructed within 25 feet of any structure, property line or combustible materials.

(f)    Outdoor fireplaces, other than portable, must be constructed of noncombustible materials and shall not be constructed within 15 feet of a structure, property line or combustible materials unless constructed under the provisions of the Building Code adopted by the City of Beloit.

(g)   Fires that are offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fire hazardous are prohibited.

(h)   Combustible materials which could cause a fire to spread shall be eliminated or mowed short in the immediate area prior to ignition.

(i)    Ashes shall be discarded in a noncombustible container and kept outside of any structure.

(j)    Only clean, dry and seasoned firewood is permitted. Firewood can be a maximum of 2 feet long.

(k)   The use of flammable and combustible fluids such as gasoline, alcohol, diesel fuel, or kerosene to light and relight fires is prohibited.

(l)    The burning of trash, garbage, leaves, asphalt, petroleum products, paints, rubber products, plastics, paper, cardboard, treated wood, construction debris, metal or any other substance that normally releases toxic emissions, dense smoke, or obnoxious odors is prohibited.

(m)  A burning or smoldering fire must be attended at all times by a person eighteen (18) years or older.

(n)   Buckets, shovels, a garden hose or a fire extinguisher shall be readily available for use while a fire is burning or smoldering.

(o)   Burn bans by the State of Kansas, Mitchell County, or the City of Beloit are strictly enforced and any recreational burning, other than in an appropriate barbecue grill, is prohibited during such burn ban.

(p)   Fires for preparation of food when conducted in appropriate barbecue grills are permitted.

(Ord. 2223)

Any person, firm, corporation, partnership, association, organization, or governmental agency properly regulated by the City in violation of any applicable condition set forth in Section 7-4a03 shall be guilty of an ordinance violation and the sentence shall be the same penalty as provided herein for a Class C violation of the Uniform Public Offense Code.

(Ord. 2223)

The Beloit Fire Chief, Code Enforcement Officer, or designee is authorized to require that any recreational fire shall be immediately discontinued if such fire is determined by the Chief to constitute a hazardous condition.

(Ord. 2223)