Upper Gwynedd looking to update burning code with a fire pit exception

UPPER GWYNEDD — It’s that time of year when friends and families may gather outdoors, bring some food or beverages along, and light a fire in an outdoor pit.

But those fire pits may technically run afoul of current codes covering outdoor burning, a situation Upper Gwynedd officials are looking to change.

“We have noticed — and think the ordinance is perhaps silent on this subject — absent a specific exception to exempt recreational fire pits from our open burning ordinance, there may be some question on whether they are regulated,” said township zoning officer Van Rieker.

Chapter 69 of Upper Gwynedd’s township code was adopted in 1993 and states that no resident “shall cause, allow, permit or maintain an outdoor bonfire, or the burning of the following on a street or on public or private property -” with garbage, yard waste (including “leaves, yard trimmings, brush, grass, and similar organic matter”), and household, business, or industrial waste listed as materials residents are prohibited to burn. The Fire Marshal can grant permits for outdoor burning to prevent or abate a fire hazard, instruct firefighting personnel, prevent or control disease or pests, or for ceremonial fires, and any violation of the outdoor burning code currently on the books can carry a fine of up to $1,000 per day.”

Township Manager Len Perrone said that code was originally written to cut down on outdoor burning of yard waste or trash, “but we have seen a proliferation of these things; they’re very popular” now, and not spe- cifically mentioned in the 20-year-old code.

The code does provide an exception for “fires maintained in barbecue pits, grilles or similar facilities for the cooking of food,” but what about fire pits that are not used for food?

“I have viewed it as being under the exception of ‘barbecues and appliances for the cooking of food;’ however, not all fire pits cook food on them,” Rieker said.

Police Chief David Duffy said his department has had complaints come in about fire pits ... “not a lot, but we get them from time to time, and it’s a grey area for us” to enforce.

Several commissioners pointed out that marshmallows or hot dogs could be cooked on any fire pit, whether it’s meant for that purpose or not, and commissioners President Ken Kroberger said he felt the word “recreational” in the code could be key — to which solicitor David Onorato replied that bonfires could be considered recreational.

Rieker said he’s been discussing the question with township staff, police, and Emergency Management Coordinator Jeff Tomczak and they’re in agreement that “we need to put a maximum size, like say a 60-inch radius or diameter, some kind of size that says a ‘fire pit’ and when you go beyond a certain size you fall into ‘bonfire,’” Rieker said.

Onorato added the suggestion that the code require the fire pit to be manufactured and built into or sit atop of a patio, to rule out fire pits that can be made by arranging stones or bricks on a property; they also see the code including specifications on the types of fuel that must be used in the fire pit, such that a propanepowered fire pit only be fuelled by that substance.