§ 58-217. Open burning for recreational purposes.  


Latest version.
  • (a)

    Definitions. [The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:]

    Approved means acceptable to the authority having jurisdiction.

    Approved solid fuel means the solid fuel being of clean dry wood or charcoal.

    Authority having jurisdiction (AHJ) means an organization, office, or individual responsible for enforcing the requirements of a code or ordinance, or for approving equipment, materials, an installation, or a procedure.

    Campfire means a small outdoor fire consisting of approved solid fuel and intended for recreation or cooking but not including a fire intended or used for the disposal of waste, construction material, yard debris and rubbish.

    Clean wood means natural wood which has not been painted, varnished or coated with similar material; is not pressure treated with preservatives; and does not contain resins or glues as in plywood or composite wood products.

    Construction and demolition waste means building waste material, including but not limited to roofing material, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubbish that results from construction, renovation, remodeling, repair and demolition operations.

    Cooking fire means the noncommercial, residential burning of materials not exceeding three feet (0.9 m) in diameter and two feet (0.6 m) in height, other than rubbish in which the fuel burned is contained in an outdoor cooker, a barbecue grill, or a barbecue pit for the purpose of preparing food.

    Extinguished means the absence of any visible flames, smoke or emissions.

    Fire ring means a cleared area on the ground a minimum of 15 feet from a structure, no less than five feet in diameter outside of the burn area where a fire is made of untreated wood, charcoal or other fuels as defined herein. For purposes of this section, a fire ring includes a chimenea or other elevated fireplace used for containing a recreational fire.

    Garbage means all kitchen and table food waste, animal or vegetative waste that is attendant or which results from the storage, packaging, preparation, cooking or handling of food materials.

    Grill means a device used for cooking where a combustion source is elevated off of the ground and food cooked over open flame.

    Listed means equipment, materials, or services included in a list published by an organization that is acceptable to the authority having jurisdiction and concerned with evaluation of products or services, that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services, and whose listing states that either the equipment, material, or service meets appropriate designated standards or has been tested and found suitable for a specified purpose.

    Land clearing debris means uprooted or cleared vegetation resulting from a land clearing operation, including any untreated wood generated by the land clearing operation (e.g., untreated fence posts).

    Open burning means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney.

    Recreational fire means a fire outside an enclosed structure used for cooking or as a source of heat or light. A recreational fire is one which is located inside a container such as a grill; a portable fire place or a designated fire ring, and the total fuel area does not exceed three feet (0.9 92 m) in diameter and two feet (0.6 m) in height.

    Treated wood means wood coated or infused with paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), or other wood preservatives or treatments.

    Yard waste means vegetative matter resulting from landscaping and yard maintenance operations and other such routine property clean-up activities. It includes materials such as leaves, shrub trimmings, grass clippings, palm fronds, and brush. It does not include land clearing debris or tree cutting debris.

    (b)

    Prohibitions. All recreational fires are limited to using clean burning charcoal, coal, manufactured fire logs or untreated dry wood as fuels. The burning of treated wood, yard waste, paper, garbage or other waste material is prohibited.

    (c)

    Exclusions. This section does not prohibit the use of grills, camp stoves or similar devices designed for cooking, fueled by LP gas, butane, naphthalene or other liquid fuel and which are not used to burn yard waste or other material.

    (d)

    Enforcement. Law enforcement and the fire departments having jurisdiction, either by ordinance, special act or agreement, shall have authority to enter upon the premises where such burning is taking place and enforce this section. Further the fire department having jurisdiction shall have the authority to either require the extinguishment of any fire not in compliance with this section or which, in the opinion of the fire personnel present creates a threat to public health or safety or may extinguish the fire themselves. Penalties shall be as provided in section 1-8 of the Pinellas County Code.

(Ord. No. 11-33, §§ 1—4, 8-23-11)