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| DATE:
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3/18/2014 7:00:00 PM |
| SUBJECT: |
| An Ordinance to Amend Section 5-I-8.B (9) through (19) of the Gillette City Code and to Repeal Section 9-20 of the Gillette City Code. |
| BACKGROUND: |
This ordinance was written to resolve issues primarily about the status of portable outdoor fireplaces which are sometimes referred to as fire pits. Large outdoor fires known as open burning, that are greater in diameter than 3 feet in total fuel area (and greater in height than 2 feet) require a permit from the Fire Chief and are the most heavily regulated fires. The smaller portable outdoor fireplaces are not regulated in the same detail in the International Fire Code and do not require permits.
This ordinance repeals section 9-20 of the Gillette City Code which contains language extracted from an earlier version of the Fire Code. Section 9-20 is somewhat vague and is inconsistent with the current Fire Code and these local amendments since it can be read to imply that a permit is required for about any type of outdoor fire, although it has never been enforced in that manner.
In this draft we have increased the regulation of recreational fires to provide that they cannot be maintained when there is a County-wide fire restriction issued by the Campbell County Commissioners and that they can be extinguished if they create or add to a hazardous situation. Recreational fires are outdoor fires that are smaller in diameter than 3 feet in total fuel area and are less than 2 feet in height but do not require a permit. In addition we have clarified that bonfires that are not recreational fires require a permit. These amendments require that all types of outdoor fires require the attendance of a responsible adult who is not impaired by alcohol or controlled substances.
This draft does not increase the regulation on portable outdoor fireplaces from what is in the International Fire Code now, except to provide that they be attended by a responsible adult who is not impaired by alcohol or controlled substances and that the be maintained in good repair and be equipped with a spark arrestor if they have a chimney or chimney opening in the top and be equipped with screens if they have a hearth opening.
A copy of the ordinance is attached as well as a copy of the ordinance in a marked up redlined version to show the specific changes to the text of the International Fire Code. In addition there is a copy of Section 9-20 of the Gillette City Code which will be repealed by the ordinance under consideration. |
| SUGGESTED MOTION: |
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I move for the Approval of an Ordinance to Amend Section 5-I-8.B (9) through (19) of the Gillette City Code and to Repeal Section 9-20 of the Gillette City Code.
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| STAFF REFERENCE: |
| Charlie Anderson, City Attorney |
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