§ 11-268. Open burning, recreational fires and portable outdoor fireplaces.

(a)

Open burning means a fire, where material is burned on the ground or in an open receptacle without a chimney or stack. Small recreational fires, including campfires, are considered open burning.

(b)

Where permitted by the provisions of Section 19-104, and 19-105 of this County Code, burning by open fires shall be subject to the following conditions:

(1)

Open fires shall be attended at all times by a person eighteen (18) years of age or older, who is in direct view of the fire. The fire shall be attended until completely extinguished.

(2)

Garbage, dead animals, animal waste, tires, plastic, rubber, and other materials which create dense smoke or emissions injurious or noxious to people or property shall not be burned.

(3)

It shall be unlawful for any person to kindle any open fire, except cooking fires or recreational fires, without first notifying Public Safety Communications of such burning. Where the burning continues for more than one (1) day, Public Safety Communications shall be notified prior to 8 A.M. on each day of burning.

(A)

Cooking fires shall burn the following fuels: (1) clean firewood (2) dried firewood (3) charcoal or as determined by the Fire Chief or the Fire Chief's designee.

(4)

The Fire Chief or authorized representative may prohibit such burning at any time it is determined that the kindling of an open fire creates a fire hazard.

(5)

Except for those fires used for cooking food on property occupied by a single-family dwelling, open fires shall be not less than thirty (30) feet from any building or structure. A clear space free of ignitable materials not less than ten (10) feet in diameter shall be maintained around the fire.

(6)

The burning of materials of any kind on or within thirty (30) feet of any public roads, streets, highways, alleys, sidewalks, and public rights-of-way shall be prohibited at all times.

(7)

Where open burning is being conducted under the terms of a permit issued by the Prince George's County Health Department, the permittee shall be personally responsible for the fire at all times. The permit shall be in the possession of the person supervising the burning at all times.

(8)

No persons shall kindle a fire upon the land of another without permission of the owner thereof or the owner's agent.

(9)

Recreational fires shall be no larger than three (3) feet in diameter.

(10)

A way to extinguish a fire shall be available at all open burn sites.

(11)

Recreational fires shall not be used to dispose of leaves, branches, brush or other vegetation. Only dry, natural wood may be burned in a recreational fire.

(12)

Recreational fires are prohibited during drought conditions, if winds are greater than twelve (12) miles per hour (mph) or during an air pollution event. An air pollution event is when the air quality has been designated Code Red or Code Orange.

(c)

Fires in salamanders or other similar devices, fired with propane or No. 2 fuel oil at construction sites, are permitted.

(d)

Fires in fixed or portable outdoor fireplaces, chimineas, and other similar devices are permitted. Fires, described in subsection (d), shall be fueled only by seasoned dry firewood, used in accordance with the manufacturer's guidelines and are subject to the following conditions:

(1)

Fires shall be attended at all times by a person eighteen (18) years of age or older who is in direct view of the fire. The fire shall be attended until it is completely extinguished. A fire extinguisher or hose must be available during use of the devices described in subsection (d).

(2)

Fires shall be at least thirty (30) feet from any structure. Fires are not permitted on any balcony or deck.

(3)

The Fire Chief or the Fire Chief's designee may prohibit such fires at any time the Fire Chief or his designee determines that their use creates a fire hazard.

(4)

Fires in these devices, described in subsection (d), are prohibited on or within thirty (30) feet of any public roads, streets, highways, alleys, sidewalks, and public rights-of-way.

(5)

No person shall use these devices, described in subsection (d), upon the land of another without permission of the owner thereof or the owner's agent.

(e)

Smoke emissions from any allowed fire must not consistently exceed twenty percent (20%) opacity, as determined by the Fire Chief or the Fire Chief's designee. Fires where visible smoke steadily conveys across property lines are prohibited. No fires shall be left to smolder. All fires shall be fully extinguished with zero smoke emissions.

(A)

Smoke from fuel cooked fires, as permitted by State and local law, is exempt from subsection (e).

(f)

Fixed, portable fireplaces and pits fueled by gas or propane are permitted at single family dwellings or townhouses when used in accordance with the manufacturer's guidelines. The devices described in subsection (f) are subject to the following conditions:

(1)

The device shall be attended at all times by a person eighteen (18) years of age or older, who is in direct view of the device. A fire extinguisher or hose shall be available during use of the devices described in subsection (f).

(2)

A device, described in subsection (f), used on a deck shall be at least ten (10) feet from single family dwellings or townhouses. The combustion area shall not be in direct contact with combustible decking.

(3)

The Fire Chief, or the Fire Chief's designee, may prohibit the use of such devices, described in subsection (f), at any time the Fire Chief, or the Fire Chief's designee determines that the use creates a fire hazard.

(4)

Use of these devices, described in subsection (f), are prohibited on or within thirty (30) feet of any public roads, streets, highways, alleys, sidewalks, and public rights-of-way.

(5)

No person shall use these devices upon the property of another without permission of the owner thereof or the owner's agent.

(CB-107-1979; CB-80-2006; CB-13-2016; CB-54-2016)