2940-25 Amending Chapter 18 of Municipal Code re Fire Pit Requirements.pdf

1 4929-7316-4139, v. 1 2940-25 AN ORDINANCE AMENDING CHAPTER 18 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE TO ADD A SECTION REGARDING FIRE PITS BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 18 of the Revised General Ordinances of the Township of West Orange be and are hereby is supplemented in the Revised General Ordinances of the Township of West Orange to add Section 7 regarding outdoor fire pits, as follows: I. CHAPTER 18 OF THE TOWNSHIP OF WEST ORANGE REVISED GENERAL ORDINANCES BE AND HEREBY IS SUPPLEMENTED TO ADD § 7 AS FOLLOWS: § 18-7.1—Approved Outdoor Fires. A. Classification. An approved outdoor fire is classified as any fire taking place on a residential property within the Township for the sole purpose of providing warmth or recreation, including natural or propane gas barbeque grills whose use is for cooking, and is contained within an approved device. B. Approved devices. Approved devices include: commercially manufactured chimineas, outdoor fireplaces and fire pits, with a total fuel area not exceeding three feet in diameter and two feet in height. C. Type of fuel. Only seasoned firewood, natural gas or propane may be used as fuel for outdoor fires. D. Location. Outdoor fires cannot be located within 20 feet of any property line and within 15 feet of any combustible structure. Combustible structures include: dwellings, garages, sheds, unroofed terraces, playground equipment, decks and fences. No such fire or approved device may be used on any porch, deck, balcony, or any other portion of a building; within any room or space; or under any building overhang. E. Screening. All openings in the wood-burning container or fire pit must be covered with wire mesh or other screening materials that will prevent the passage of sparks or embers. F. Nuisance. The Fire Chief, Fire Official or any other code enforcement department within the Township may order any chiminea, outdoor fireplace or fire pit, which unreasonably interferes with the health, safety or welfare of neighboring residents or properties, to be immediately extinguished.

2 4929-7316-4139, v. 1 G. Apartments and multifamily dwellings. Outdoor fires are prohibited at any R-2 (N.J.A.C. 5:70-4.1) use group (apartments and multifamily dwellings). H. Extinguishment. Fires must be constantly attended until the fire is extinguished. A garden hose or fire extinguisher shall be located within 10 feet of the approved device. I. Enforcement. Any outdoor fire not complying with the above is prohibited. This Ordinance may be enforced by the Fire Chief and/or Zoning Official, their employees, designees, or assignees. Any person who violates any provision of this section shall be punished by a fine not to exceed $2,000. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. II. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township in conflict with this Ordinance are hereby repealed to the extent of such conflict. III. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. IV. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. SUSAN MCCARTNEY, MAYOR JOE KRAKOVIAK, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: September 30, 2025 ADOPTED: October 16, 2025

3 4929-7316-4139, v. 1 2940-25 Legislative History It is determined that fire pits, smokers, and other wood burning devices may be a hazard if located closer than fifteen (15) feet of any structure, including decks, unroofed terraces, and sheds. The purpose of this ordinance, for the health and safety of residents, is to ensure that the same are located more than fifteen feet away from all structures and to add requirements for their use.