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Open Burning Prohibited

Please See Ordinance Below

§ 147-8 Open burning.

§ 147-8 Open burning.

A. Open burning prohibited. Except as otherwise provided in this section, all open burning is prohibited within the Village of Denmark.

B. Recreational fires. Recreational fires, defined as any fire such as a campfire or cooking fire located at a single- or two-family private residence for the purpose of recreation and personal enjoyment, are exempt from Subsection A of this section so long as such fires are started and tended in compliance with the following requirements:

(1) No recreational fire pit and unscreened portable fire pit or fireplace shall be closer than 15 feet to any building, structure, property line, shed, garage, trees, shrubs, bushes, fence or any other combustible material.

(2) All recreational fires shall be in a below-ground fire pit with a minimum depth of four inches and a diameter of three feet, and the fire may not extend more than three feet above the pit. The fire pit shall be surrounded on the outside, above ground, by a noncombustible material such as concrete block or rock. A noncombustible material when not in use shall cover the pit.

(3) Portable fire pits (defined as devices commercially designed and intended to contain and control outdoor wood fires) may be used in accordance with the manufacturer’s recommendations and within the requirements of Subsection B(1) above and must be used upon a noncombustible surface (dirt without any vegetation, stone, gravel, concrete, brick, etc.) with an area twice the diameter of the portable fire pit.

(4) No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed (within the recommendations of the Denmark Volunteer Fire Department) will cause smoke, embers, or other burning materials to be carried by the wind toward any building or other flammable materials. Smoke from any recreational fire shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately upon the complaint of a neighboring property owner in regard to nuisance smoke.

(5) Material for recreational fires shall not include or consist of rubbish, garbage, recyclable items, trash, any material made of or coated with rubber, plastic, leather, or petroleum-base materials and shall not contain any flammable or combustible liquids.

(6) Adequate fire-suppression equipment shall be immediately available to extinguish or control the recreational fire. Adequate fire-suppression equipment, such as shovels, fire extinguishers, water hoses, or other like equipment sufficient to extinguish the fire, if necessary, shall be within 10 feet of the recreational fire.

(7) All recreational fires shall be attended at all times by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished.

(8) The renter/lessee of any leased property must provide written documentation from the property owner giving permission to have a recreational fire on that property.

(9) The property owner and/or person who has started any recreational fire shall hold the Village harmless from any and all such liability for any damage caused by a recreational fire and shall be responsible for all legal expenses incurred by the Village in any action brought against the Village.

(10) Any party who has started or maintains a recreational fire as defined herein shall pay any and all costs incurred by the Denmark Volunteer Fire Department for any service-related call as a result of a recreational fire not in compliance with the requirements of this section.

C. Outdoor cooking fires. Open or closed cooking grills (charcoal and propane fuel only) are exempt from the prohibition of Subsection A above, except as follows:

(1) For all multifamily dwellings more than one story in height, the use of any propane or charcoal or gas cooking device is prohibited above the first floor occupancy.

(2) For all multifamily dwellings more than one story in height, the use of any open or closed outdoor cooking fire, charcoal or propane cooking device, or any open flame device is prohibited within 15 feet of the structure on the ground floor or any combustible materials on the ground floor. Smoke from cooking grills shall not create a nuisance for neighboring property owners within an apartment complex.

D. Approved training fires. Approved training for fire protection purposes shall be exempt from the prohibition of this section. The Village of Denmark Public Works Department shall also be exempt from the prohibitions of Subsection A of this section.