Law says outside fires must be out by 1 a.m.

FREEHOLD - Borough officials have introduced an amendment to an existing law which regulates the use of outdoor fireplaces. A public hearing and vote on the amendment is expected to take place in August.

According to the law, open burning in approved containers will be allowed without a permit at single-family homes, duplexes and townhomes. The amendment concerns the time when the fires must be extinguished - no later than 1 a.m.

Councilman Marc Le Vine raised the issue several months ago. He noted that homes in the borough are close together and said municipal officials must be concerned with the use of fire pits and chimineas.

The code that was presented to the Borough Council on June 18 states that fires must be limited to a maximum 3-foot diameter and 2-foot height and must be contained in a non-combustible chiminea (outdoor fireplace), fire pit or other method approved by a fire prevention officer.

According to the ordinance, all openings in the chiminea or the fire pit must be covered with wire mesh or other screening material that will prevent the passage of sparks and embers.

The fire must be kept at least 10 feet away from any structure or combustible exterior wall. The fire must be constantly attended and may not be used on any porch, deck, balcony or any other portion of a building within any room or space under any building overhang.

The ordinance also prohibits the burning of yard waste, leaves, brush, vines, evergreen needles and branches smaller than 3 inches in diameter, treated lumber, garbage, paper products or any other products other than firewood.

The fire prevention office, police officers or code enforcement officials may order any fire which creates a nuisance to be extinguished. Anyone found guilty of violating the law would be subject to a fine up to $1,250 or to imprisonment, not to exceed 90 days, or both.

- Clare Marie Celano