Dearborn Council Amends Outdoor Burning Rules

Just in time for the summer barbecue season, the Dearborn City Council amended the city's outdoor burning ordinance at its regular meeting on Tuesday.

The ordinance prohibits open burning (brush, leaves, grass clippings, etc.) and regulates the use of patio wood-burning units such as fire pits and chimneas.

According to the ordinance, residents can operate patio wood-burning units as long as they use clean burning wood (natural, unpainted or pressure treated wood), and locate the unit at least 15 feet from their house and 15 feet from adjoining structures.

The fire pit must be enclosed with screening on all sides, including the top, and must be constructed with non-combustible material (steel, concrete, or clay). The fire pit must be kept in the backyard and can only be used from 11 a.m. to 1 a.m.

Councilman Brian O'Donnell objected to the amended ordinance, stating that the regulations were too rigid.

"I did some research on this issue, and from what I understand, the city has received 12 complaints on fire pits in the backyard last year," he said. "Sometimes dropping the sledge hammer is appropriate, but in this instance I feel like we're going over the top."

At issue, O'Donnell said, is the location requirement for fire pits on homes that sit on smaller lots.

"I feel (the amendment) was good spirited, but I feel like we're going too far with the penalties on this one," he said.

Under the ordinance, a violation of the 15-foot rule is considered a civil infraction, with a $100 fine. Three offenses in the same calendar year will be considered a misdemeanor offense.

Dearborn Fire Chief Joseph Murray said the amended ordinance meets the National Fire Protection Association's standards. The 15-feet rule was creating after consulting the International Fire Code 2009 guidelines, he said.

In response to a question from the council about how the ordinance would be enforced, Murray said the city's police and fire departments would handle all complaints.

"The majority of complaints that we get are not necessarily safety hazards, they are more nuisance calls from people burning materials that cause a lot of smoke," he said. "The number of calls are definitely growing every year."

Murray said residents can apply to the fire marshal's office for an exemption to the ordinance. Petitions will be reviewed on a case by case basis.

The ordinance was adopted 5-2, with Councilman O'Donnell and Councilwoman Suzanne Sareini voting against it.