[Adopted 11-10-2022 by Ord. No. 2022-10]
No person shall operate or use or maintain any open fire or any device commonly known as a "barbecue" in or on any apartment unit, porch, balcony, covered patio area or any other private area of an apartment, condominium or other multifamily dwelling unit.
As used in this article, the following terms shall have the meanings indicated:
BARBECUE
Propane barbecue grill, charcoal fire grill, electric grill and hibachi-type unit that uses charcoal.
A person shall be permitted to operate or use or maintain any barbecue unit (previously defined) on the ground level at a distance of 10 feet away from any exterior combustible wall of any apartment, condominium or other multifamily dwelling unit.
In the best interest of public safety, health, and air pollution, there shall be no open burning within the Township boundaries unless a permit has been issued by the Fire Official or the State of New Jersey, Division of Forestry. For permits issued, the permittee must follow all applicable rules and regulations (New Jersey Uniform Fire Code and/or N.J.A.C. Title 13). Penalties shall be assessed as follows if property owners or tenants are found in violation of this section: first offense, $100 and written warning; second offense, $250 and court appearance required; third offense, $1,000 and charges filed in Municipal Court.
A. 
Outdoor fire. For the purpose of this section, an approved outdoor fire shall be classified as any fire taking place on a residential property within Lumberton Township for the sole purpose of providing warmth or recreation and is contained within an approved device. Approved outdoor fires shall not be subject to the above-required permit process unless deemed necessary by the Fire Official. Approved devices shall include commercially manufactured chimineas, outdoor fireplaces, and firepits, or those constructed in a similar and approved manner. Approved devices shall have a total fuel area not exceeding three feet in diameter and two feet in height and must remain covered by a metal mesh safety/spark screen cover.
B. 
Fuel for outdoor fires shall be limited to seasoned firewood, natural gas or propane and shall not be ignited using flammable/combustible liquids.
C. 
Outdoor fires shall not be located within 20 feet of any property line and 15 feet from a combustible structure. Combustible structures shall include: dwellings, garages, sheds, decks, and fences.
D. 
Outdoor fires shall be prohibited at any "Use Group R-2" Zones as defined by N.J.A.C. 5:70-1.5, to include all multiple-family dwellings having more than two dwelling units as well as all dormitories, rooming houses, group rentals where the occupants are living independently of each other and similar buildings arranged for shelter and sleeping accommodations in which the occupants are primarily not transient in nature. This use group shall also include attached one- and two-family dwelling units which do not meet the definition for Use Group R-3.
E. 
Any outdoor fire not complying with Subsections A through D above is prohibited and subject to the above-listed penalties.
A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability, including but not limited to bodily injury, property damage and wrongful death resulting from damage caused by the fire.