Law places 1 a.m. curfew on use of outdoor fireplaces
BY CLARE MARIE CELANO Staff Writer

FREEHOLD - Anyone who is planning to purchase an outdoor fireplace should be aware of new regulations governing the use of these items in Freehold Borough.

At its Aug. 13 meeting, the Borough Council adopted an ordinance which regulates the use of outdoor fireplaces and chimineas.

During the public hearing, resident Leslie Roche said the regulations should be tougher than what was being proposed. Roche said chimineas produce odor, soot, ash and sparks that are sometimes not contained.

"This also drifts across property lines and airborne particulates can trigger asthma and other serious diseases. They are also a serious safety concern," she said.

Roche said the law should require outdoor fireplaces to be extinguished no later than 10:30 p.m., instead of 1 a.m. as proposed.

According to the ordinance, "open burning of combustible materials in a residential setting may pose a serious hazard to the public health, safety and welfare of life to residents of Freehold Borough."

The law states that all openings in a chiminea or fire pit must be covered with wire mesh or other screening material that will prevent the passage of sparks and embers.

A fire must be kept at least 10 feet from any structure or combustible exterior wall. The fire must be constantly attended and may not be used on any porch, 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 branches smaller than 3 inches in diameter, treated lumber, garbage, paper products or anything other than firewood. All fires must be extinguished before 1 a.m.

The fire prevention officer, a police officer or a code enforcement official may order any open fire, or use of chiminea, outdoor fireplace or fire pit which creates a nuisance to be extinguished, according to the ordinance.

Acknowledging Roche's concerns, Mayor Michael Wilson said municipal officials take issues such as this very seriously and enact laws to protect residents.

"This has been an issue over the years," Wilson said. "And you get into a no-win situation. For every one in town that this is good for, there is someone else that this will not be good for. As I've said before, you can't legislate common sense."

Wilson said the ordinance will be complaint-driven. He said if there is a problem at a particular location with a chiminea or outdoor fireplace, police will need to be called to handle the situation.