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Outdoor Solid Fuel Burning Devices

CODE COMPLIANCE GUIDELINE

Quick Links:	Prohibited Use & Storage	Questions & Answers
	Fire Safety Requirements	Disposal of Ashes & Embers

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SCOPE

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OVERVIEW

The intent of this publication is to provide information to help prevent unwanted fires resulting from the unlawful or unsafe use of chimineas, fire pits, outdoor fireplaces, and similar portable devices designed for outdoor use. In addition to addressing the regulations about the prohibited use and storage of these devices, the fire safety requirements and precautions related to the use of chimineas, fire pits, outdoor fireplaces, and similar portable devices are provided.

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PROHIBITED USE & STORAGE

In accordance with Section 308.7 of the Fire Prevention Code (as amended by Fairfax County), chimineas, fire pits, outdoor fireplaces, and other similar portable devices designed for outdoor use shall not be operated or stored on a balcony or deck of any structure or within 15 feet of combustible construction or a residential occupancy.

Exceptions:

1. Detached one- and two-family dwellings and townhouses.

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QUESTIONS & ANSWERS

Q:  Why have rules and regulations?
A: The reason for these regulations is to reduce the risk of a structure fire, personal injury, loss of life, and the unneeded displacement of building occupants because of the use or misuse of outdoor solid fuel burning devices on balconies and decks, in locations associated with multi-family residential occupancies, and within 15 feet of all combustible construction. Some of the hazards caused by the use or misuse of chimineas, fire pits, outdoor fireplaces, and other similar portable devices include hot ember ignition of adjacent combustible materials such as wooden decks and vinyl siding.

Q:  What's a Townhouse?
A:  A townhouse is an attached single-family dwelling two to four stories in height having a two-hour fire (party) wall between it and the directly adjoining structure(s). Furthermore, a stacked townhouse or similar multi-level residential structure having horizontal (floor-ceiling) tenant separation between lower and upper level dwelling units or commercial occupancies is not considered a townhouse and would therefore be classified as a multi-family residential occupancy.

Q:  What's a Multi-family Residential Occupancy?
A:  A multi-family residential occupancy is a residential structure other than a detached one- and two-family dwelling and townhouse regardless of the form of ownership (i.e., condominium, cooperative, rental, etc.). These include occupancies in Groups R-1, R-2, and R-4 such as apartment buildings, multi-unit condominiums, boarding houses, hotels, motels, dormitories, group homes, and residential care/assisted living facilities.

Q: Can I use an outdoor solid fuel burning device at my apartment building or multi-unit condominium?
A: Residents of apartment buildings, multi-unit condominiums, and other multi-family residential occupancies who want to use a chiminea, fire pit, outdoor fireplace, and other similar portable device outdoors must take certain precautions and understand the legal requirements and prohibitions relating to this activity. The use of portable outdoor solid fuel burning devices inside, on balconies and decks, or within 15 feet of multi-family residential occupancies is against the law.

Q: Should I operate an outdoor solid fuel burning device on or under a balcony or deck?
A: No. Manufacturers of chimineas, outdoor fireplaces, fire pits, and similar devices typically recommend these devices not be used on or under combustible decks and balconies. Therefore, the Fairfax County Fire Marshal strongly discourages the practice of using these devices on, under, or within 15 feet of combustible decks and balconies attached to townhouses, duplexes, and single-family dwellings. When these devices are ignited and operated in these locations attached to townhouses, duplexes, or single-family dwellings contrary to the recommendation of the Fire Marshal, the use of a non-combustible protective insulating material such as patio blocks/pavers or a hearth pad is important to protect the surface of the deck or floor area from radiant heat and stray embers, provided the manufacturer does not specifically prohibit the use of a particular device in these locations. This recommendation is made in an effort to prevent the occurrence of unwanted fire spread into dwellings from the use of these devices.

Q: How far from a house or deck should I operate an outdoor solid fuel burning device?
A: Greater than 25 feet away is preferred. A minimum of 25 feet separation from all detached one- and two-family dwellings and townhouses, as well as other combustibles such as sheds, fences, decks, and woods, is strongly encouraged. This 25 foot separation originates from the Fire Prevention Code, and is what is required for recreational fires. This recommendation is made in an effort to limit the exposure to the dwelling, as well as other combustibles, to prevent unwanted fire spread should an accident occur during the operation of an outdoor solid fuel burning device such as a chiminea, fire pit, outdoor fireplace, and other similar portable device.

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FIRE SAFETY REQUIREMENTS

1. Burning of Refuse Prohibited. The burning of refuse in a chiminea, fire pit, outdoor fireplace, and other similar portable device designed for outdoor use is not an approved method for refuse disposal and is prohibited anywhere in Fairfax County and the towns of Clifton, Herndon, and Vienna. Refuse shall mean and include garbage, rubbish, and trade waste defined as follows:

• Garbage shall mean animal and vegetable matter such as that originating in houses, kitchens, restaurants and hotels, produce markets, food service or processing establishments, greenhouses, and hospitals, clinics or veterinary facilities.
• Rubbish shall mean solids not considered to be highly flammable or explosive such as, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, metal food containers, glass, crockery, masonry, and other similar materials.
• Trade waste shall mean all solid or liquid material resulting from construction, building operations, or the prosecution of any business, trade or industry such as, but not limited to, plastic products, cinders and other forms of solid or liquid waste materials.

2. Materials Producing Dense Smoke Prohibited. The burning of rubber, asphaltic materials, combustible and flammable liquids, impregnated wood or similar materials which produce dense smoke is considered objectionable, a hazard and nuisance to the community, and is strictly prohibited.
3. Endangering Persons or Property Prohibited. In accordance with Section 307 of the Fire Prevention Code (as amended by Fairfax County ), no person shall kindle, authorize to be kindled, or maintain any permitted fire in such a manner that will endanger the property of another. Furthermore, if any person shall carelessly or negligently set fire to, burn or cause to be burned any property, either real or personal, whether the property be his or that of another, he shall be subject to the penalties set forth in Section 62-1-1 of the Fairfax County Code. Chimineas, fire pits, outdoor fireplaces, and other similar portable devices designed for outdoor use that are used in a hazardous manner contrary to manufactures' instructions and limitations for proper/safe operation may violate the Fire Prevention Code.
4. Allowable Fuel. Only seasoned dry firewood or similar clean burning materials should be used as a fuel. Seasoned firewood contains little moisture creating less polluting smoke when burned and should be dried for 6 to 12 months minimum. In addition, burning of materials should be in accordance with the manufacturers' instructions, limitations, or safety guidelines.
5. Quantity of Fuel. Do not overload the burn chamber or firebox of any chiminea, fire pit, outdoor fireplace, and other similar portable device with too much fuel. Make a fire that fits your outdoor solid fuel burning device. Use only the quantity of allowable fuel the device is designed to hold in accordance with the manufacturers' instructions, limitations, or safety guidelines. A fire that is too large or too hot not only wastes fuel, but can damage the device and cause a hazardous fire condition.
6. Attendance. Fires must be constantly attended until the fire is completely extinguished. Do not leave smoldering fires unattended. Make sure all hot ashes, cinders, smoldering coals, and embers are properly and safely disposed of before going to bed or leaving the house.
7. Use Combustible & Flammable Liquids. Combustible and flammable liquids should not be used to aid the ignition of fuel contained within a chiminea, outdoor fireplace, fire pit, or similar device. The inappropriate use of combustible and flammable liquids may result in a serious fire hazard possibly endangering other property which may violate the Fire Prevention Code.
8. Extinguishing Equipment. Fire-extinguishing equipment, such as dirt or sand, a water bucket, or a garden hose shall be readily available for immediate use to extinguish a fire. Use caution when applying water directly to ceramic/clay chimineas or fire pits as sudden application of cool water may cause the device to crack which could result in loss of containment of burning materials. Consult the manufacturers' instructions for precautions concerning the application of water.