[Adopted 5-7-2012 by Ord. No. 2012-05]
Unless the context clearly indicates a different meaning, the following words or phrases, when used in this article, shall have the following meaning:
APPROVED CONTAINERS
Noncombustible containers approved by the Fire Marshal for use in burning open fires or outdoor fires, which include but may not be limited to chimeneas, outdoor fireplaces, fire pits, patio warmers or other portable woodburning devices used for outdoor recreation and/or heating and which meet the minimum standards set forth in this article.
FIRE MARSHAL
The legally designated Fire Marshal of the Borough of Berlin, or his or her designated assistant.
OPEN BURNING
The kindling of a fire in the open air without containment or in outdoor structures that permit the products of combustion to be emitted directly into the ambient air space, excluding gas or charcoal grill barbecues.
OUTDOOR STRUCTURES
Outdoor fireplaces, fire pits, receptacles, chimeneas, or other devices that permits the products of combustion to be emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber and which do not provide effective control of the air pollutants generated.
Open burning in approved containers shall be allowed without a permit at single-family homes, duplexes and townhomes, subject to the regulations contained herein. All other locations shall require a permit from the Fire Marshal. All open burning shall comply with the provisions provided in the International Fire Code, New Jersey Edition, 2006, Section 307, Open Burning and Recreational Fires.
All open burning is subject to the following requirements:
A. 
All fires shall be contained in an approved container only.
B. 
No open fire or outdoor fire shall be conducted on any porch, deck, balcony or other portion of a building; within any room or space within a building; or under any building overhang; provided, however, that an open fire or outdoor fire may be conducted on a concrete or stone patio if and only if all other provisions of this article are met.
C. 
Fires shall be limited to a maximum three-foot diameter and two feet in height and must be contained in a noncombustible chimenea, outdoor fireplace, fire pit, or other method approved by the Fire Marshal.
D. 
All openings in the container or fire pit must be covered with wire mesh or other screening materials that will prevent the passage of sparks and embers.
E. 
Fires must be kept at least 15 feet from any structure, combustible exterior wall, or other combustibles that may ignite and permit the spread of a fire. Example: shrubs, trees, fences, etc.
F. 
Fires must be constantly attended until completely extinguished.
G. 
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than three inches in diameter, untreated lumber, garbage, paper products or anything other than firewood as set forth herein is prohibited. The use of flammable liquids is strictly prohibited.
H. 
The Fire Marshal, police officer, or any Fire Department officer may order an outdoor burning activity to cease if conditions are such or the activity is so situated as to endanger the health or safety of persons or property located in the general area of the activity. If the party responsible for outdoor burning activity does not immediately comply with an order to cease given pursuant to this subsection, the party responsible shall be subject to the penalties set forth below. Any open fire or use of a chimenea, outdoor fireplace, or fire pit which creates a nuisance or is deemed to be a hazard is to be extinguished.
I. 
Outdoor burning is not permitted when the wind speed exceeds 10 miles per hour.
J. 
While outdoor burning is being conducted, it shall be attended by a person of at least 18 years of age at all times.
K. 
Adequate fire-suppression equipment such as shovels, fire extinguishers rated at 4A or larger, water hoses, or like equipment sufficient to extinguish the fire shall be present on the property at all times outdoor burning is conducted.
L. 
No person shall cause an open fire or outdoor fire to be used or maintained in such a manner as to cause a nuisance to neighbors.
Any person violating the provisions of this article shall be subject to a penalty as follows:
A. 
First offense: a verbal warning.
B. 
Second offense: a written notice of violation.
C. 
Third and subsequent offenses: A fine not to exceed $2,000, imprisonment for not more than 90 days and/or a period of community service not to exceed 90 days. Each day on which a violation occurs shall be considered a separate offense.