Office of the Fire Marshal Fire Prevention Division Letter to the Community Hours of Operation: Monday - Friday: 8:00 a.m. - 4:30 p.m. Location: Burkholder Building 10700 Page Avenue Fairfax, Virginia 22030 Telephone: 703-246-4800 TTY: 703-385-4419

DATE: 5/31/2007

TO: Apartment Building Owners & Property Managers, Condominium & Homeowner Associations, and Residents of Townhouses & Single-Family Homes

FROM: Fairfax County Fire Marshal

SUBJECT: Chimineas, Outdoor Fireplaces, Fire Pits, & Similar Devices

This letter outlines the prohibited use of chimineas, outdoor fireplaces, fire pits, and similar devices in locations associated with residential occupancies in Fairfax County and the towns of Clifton, Herndon, and Vienna regardless of the form of ownership of the occupancy (i.e. condominium, cooperative, rental, etc.). In addition, fire safety requirements and precautions related to the use of these devices are outlined. The intent of this letter is to provide information to help prevent unwanted fires resulting from the unlawful or unsafe use of these devices. This letter does not address bonfires, controlled buring, recreational fires, or barbecue grills.

Prohibited Locations & Uses:

Apartment Buildings & Other Structures with Similar Occupancy
Chimineas, outdoor fireplaces, fire pits, and similar devices shall not be ignited or used on the balconies or within 15 feet of any apartment building or other structures with similar occupancy. This includes all multi-story residential buildings not classified as a townhouse (see townhouse definition below). The management or condominium/homeowner associations of such occupancies should notify building tenants in writing of this prohibition when the tenant initially occupies the building and periodically thereafter as may be necessary to ensure compliance.

Burning of Refuse
The burning of refuse in chimineas, outdoor fireplaces, fire pits, and similar devices 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:

a.	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.
b.	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.
c.	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.

Materials Producing Dense Smoke
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.

Endangering Persons or Property
In accordance with the Fire Prevention Code, it shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property. Additionally, no person shall kindle nor authorize to be kindled nor maintain any permitted fire in such a manner that will endanger the property of another. Chimineas, outdoor fireplaces, fire pits, and similar devices used in a hazardous manner contrary to manufactures' instructions and limitations for proper/safe operation may violate the Fire Prevention Code.

Townhouses, Duplexes, & Single-Family Dwellings:

Townhouse Definition
A townhouse is a 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 tenant separation between lower and upper level dwelling units or occupancies is not considered a townhouse for the purpose of this definition and would therefore be classified as a multi-family/tenant residential building such as an apartment building or other structure with similar occupancy.

Decks and Balconies
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. This recommendation is made in an effort to prevent the occurrence of unwanted fire spread into dwellings from the use of these devices.

Surface Protection
When a chiminea, outdoor fireplace, fire pit, or similar device is used on the combustible deck, balcony, or similar location attached to a townhouse, duplex, or single-family dwelling 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.

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. Devices using portable liquefied petroleum gas cylinders must be safely used per the manufacturers' instructions.

Quantity of Fuel
Do not overload the burn chamber or firebox of any chiminea, outdoor fireplace, fire pit, or similar device with too much fuel. Make a fire that fits your 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.

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. Use of combustible and flammable liquids may result in a serious fire hazard.

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.

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.

Disposal of Ashes
Dispose of all hot ashes in a safe manner. After the fire is extinguished, all leftover hot ash material must be thoroughly dampened, cooled, and stored in a metal can that is used solely for ash storage. Ashes that are two or three days old may appear to be safe, but can still retain enough heat to cause an unwanted fire. Do not discard hot ashes in a compost pile, paper bag, cardboard box or anything that is combustible. Also, be careful in handling partially burned wood as it may still be smoldering and cause a serious burn.

In accordance with the Fire Prevention Code, hot ashes, cinders, or smoldering coals shall not be deposited in any combustible receptacle and shall not be placed within 10 feet of other combustible material including combustible walls and partitions or within 2 feet of openings to buildings. It's The Law!

For additional information about the proper and safe disposal of the hot ashes refer to the Fire & Rescue Department's "Can Your Ashes" publication. This publication is available online at www.fairfaxcounty.gov/fr/download/canyourashes.pdf

Please visit our web site at www.fairfaxcounty.gov/fire/prevention for additional fire prevention and code compliance information.

If you have any questions regarding the use of chimineas, outdoor fireplaces, fire pits, and similar devices in locations associated with residential occupancies, please contact the Fire Inspections Branch at 703-246-4849 during normal business hours.