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The Rhode Island Fire Safety Code, as adopted by section 5-1, is hereby amended, deleted from and added to as follows:
(NFPA 1) 10.11 Open Flame, Candles, Open Fires, and Incinerators.
(NFPA 1) 10.11.1 Permits. (Amd) Permits, where required, shall comply with Section 1.12 of NFPA 1 (2012 edition).
(NFPA 1) 10.11.1.1 (Amd) Permits shall not be required for cooking and recreational fires. All other types of fire require a permit (see 10.11.4.2.1 (Add))
(NFPA 1) 10.11.1.2 Where burning is conducted on public property or the property of someone other than the permit applicant, the permit applicant shall demonstrate that permission has been obtained by the appropriate government agency, the owner, or the owner's authorized agent.
(NFPA 1) 10.11.1.3 When limits for atmospheric conditions or hours restrict burning, such limits shall be designated in the permit restrictions.
(NFPA 1) 10.11.1.4 Instructions or stipulations of permit shall be followed.
(NFPA 1) 10.11.2 The AHJ shall have the authority to prohibit any or all open flames, candles, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous.
(NFPA 1) 10.11.3 Outdoor Fires.
(NFPA 1) 10.11.3.1 Outdoor fires shall not be built, ignited, or maintained in or upon hazardous fire areas, except by permit from the AHJ.
(NFPA 1) 10.11.3.2 Permanent barbecues, portable barbecues, outdoor fireplaces, or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.
(NFPA 1) 10.11.4 Open Fires.
(NFPA 1) 10.11.4.1 Permitted open fires shall be located not less than 50 feet (15m) from any structure.
(NFPA 1) 10.11.4.2 (Amd) Burning hours shall be daylight until 11:00 PM.
(NFPA 1) 10.11.4.2.1 (Add) No person shall kindle or maintain (without permit) any fire or authorize any such fire to be kindled or maintained with the following exceptions:
1.
Cooking of food on barbecues or charcoal grills. Cooking on these devices shall be in preparation of a meal.
2.
Propane/natural gas fire places/pits officially designed and listed as an outdoor fire place/pit shall be permitted. Fire places/pits shall be operated according to manufacturers' instructions in a safe manner.
A.
Fire places/pits shall not be left unattended.
B.
Adult supervision is required at all times.
C.
Propane tanks shall be listed, in good condition and have a current certification.
3.
Residential outdoor recreational wood-burning fires, which shall meet the following requirements:
A.
All residential outdoor recreational clean wood-burning fires shall be kindled and maintained within a designated fire place/pit, purchased or constructed, that is wholly constituted of non-flammable material, with a cover, and does not exceed three (3) feet in diameter by two (2) feet in height, as determined by the East Providence Fire Chief or designee. Commercially purchased fire places/pits shall be operated according to manufacturers' instructions in a safe manner. "Approved" fire places/pits shall include spark arresting covers or chimney caps.
B.
All residential outdoor recreational clean wood-burning fires shall burn exclusively "clean wood." Fuel for a recreational fire shall consist only of seasoned dry firewood (dried at least six months) to minimize the generation of air contaminants. No other wood or material may be burned. "Clean wood" means natural wood or pellets, made therefrom that has not been painted, stained, coated, preserved or treated with a synthetic substance, including, but not limited to, copper chromium arsenate, creosote, or pentachlorophenol. "Clean wood" does not include driftwood, and does not include construction or demolition debris, nor wood that contains any glue or resin, as in plywood or other composite wood products.
C.
All residential outdoor recreational clean wood-burning fires must be located at least thirty (30) feet away from any abutting property owner's dwelling or structure or roadway, as determined by the East Providence Fire Chief or designee. Such fires must not cause noxious emissions on the property of others, or other nuisance or hazard to surrounding persons or property, as determined by the East Providence Fire Chief, or designee, or other duly constituted authority.
D.
The use of accelerants to kindle or maintain residential outdoor recreational clean wood-burning fires is prohibited. Accelerants include, but are not limited to, gasoline, diesel fuel, kerosene, turpentine, butane, lighter fluid and other flammable solvents. Further, all residential outdoor recreational clean wood-burning fires must be kindled and maintained at a minimum distance of fifty (50) feet from any storage receptacle containing an accelerant.
E.
A competent person of at least eighteen (18) years of age, possessing access to a source of water (e.g. a garden hose connected to a water supply) sufficient to extinguish such fire shall constantly attend such fire until the fire is extinguished.
F.
All residential outdoor recreational clean wood-burning fires shall be immediately and entirely extinguished upon the direction of a member of the East Providence Fire Department, the East Providence Police Department, or other duly constituted authority, if such action is in the best interests of the health, safety and welfare of any citizen(s) of the city.
G.
Wood burning fire pits, portable outdoor fireplace/pits, are only allowed at single family dwellings or duplexes in East Providence.
H.
The fire department shall prohibit burning which will be offensive or objectionable due to smoke or odor emission when atmospheric conditions or local circumstances make such fires hazardous. Burning shall not be conducted when wind speed exceeds 15 mph, or when the fire weather forecast is at a "Red Flag Warning" per the National Weather Service.
I.
Any person found in violation of this ordinance shall be issued a warning citation. A second offense within one calendar year, upon conviction, shall be punished by a fine of one hundred dollars ($100.00) for the second offense. The penalty for the third offense within one calendar year shall be two hundred dollars ($200.00), the penalty for a fourth and/or each subsequent offense within one calendar year shall be a fine up to five hundred dollars ($500.00) for each subsequent offense. Members of the East Providence Police Department shall have the authority to issue citations for violations of this ordinance.
4.
Fires authorized by the fire department for the purpose of training firefighters and retarding the spread of fire.
5.
Ceremonial burning. Burning that is an integral part of a religious or fraternal organization's ceremonies, by permit, issued by the city fire marshal.
6.
Live fires for the purpose of training employees in the use and operation of fire extinguishers and fire equipment shall be authorized upon approval of the fire chief and the state department environmental management. Such live fire training shall be in accordance with all applicable National Fire Protection Agency standards. A certified fire extinguisher instructor shall be present at all times during the training for instruction in the use and operation of fire extinguishers and fire equipment.
(NFPA 1) 10.11.4.3 Recreational fires shall not be located within 25 feet (7.6m) of a structure or combustible material unless contained in an approved manner.
(NFPA 1) 10.11.4.4 Conditions that could cause a fire to spread to within 25 feet (7.6m) of a structure shall be eliminated prior to ignition.
(NFPA 1) 10.11.5 Fire Attendant.
(NFPA 1) 10.11.5.1 Open, recreational, and cooking fires shall be constantly attended by a competent person until such fire is extinguished.
(NFPA 1) 10.11.5.2 This person shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available for use.
(NFPA 1) 10.11.6 Cooking Equipment.
(NFPA 1) 10.11.6.1 For other than one- and two-family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 feet (3m) of any structure.
(NFPA 1) 10.11.6.2 For other than one-and two-family dwellings, no hibachi, grill, or other similar devices used for cooking shall be stored on a balcony.
(NFPA 1) 10.11.6.3 Listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer's instructions shall be permitted.
(NFPA 1) 10.11.7 Installation of Patio Heaters.
(NFPA 1) 10.11.7.1 Patio heaters utilizing an integral LP-Gas container greater than 1.08 lb (0.49 kg) propane capacity shall comply with 10.11.7.2 and 10.11.7.3. [58:6.20.2.1]
(NFPA 1) 10.11.7.2 Patio heaters shall be listed and used in accordance with their listing and the manufacturer's instructions. [58:6.20.2.2]
(NFPA 1) 10.11.7.3 Patio heaters shall not be located within 5 feet (1.5m) of exits from an assembly occupancy. [58:6.20.2.3]
(NFPA 1) 10.11.8 Incinerators and Fireplaces.
(NFPA 1) 10.11.8.1 Incinerators, outdoor fireplaces, permanent barbecues, and grills shall not be built, installed, or maintained without prior approval of the AHJ.
(NFPA 1) 10.11.8.2 Incinerators, outdoor fireplaces, permanent barbecues, and grills shall be maintained in good repair and in a safe condition at all times.
(NFPA 1) 10.11.8.3 Openings in incinerators, outdoor fireplaces, permanent barbecues, and grills shall be provided with an approved spark arrester, screen, or door.
(NFPA 1) 10.11.9 Open-Flame Devices.
(NFPA 1) 10.11.9.1 Welding torches, tar pots, decorative torches, and other devices, machines, or processes liable to start or cause a fire shall not be operated or used in or upon any areas, except by permit from the AHJ.
(NFPA 1) 10.11.9.2 Flame-employing devices, such as lanterns or kerosene road flares, and fuses shall not be operated or used as a signal or marker in or upon any areas unless at the scene of emergencies or railroad operations. (See Chapter 16 and Chapter 65 for additional guidance.)
(NFPA 1) 10.11.10 Discontinuance. The AHJ shall be authorized to require any fire to be immediately discontinued if the fire is determined to constitute a hazardous condition.
(Rev. Ords. 1987, § 5-2; Ch. 698, § II, 2-20-18; Ch. 780, § I, 9-1-20)