FULTON, NY – The Fulton Common Council approved a set of rules that will allow most residents to obtain a permit to have recreational fireplaces in their yards this year. Ultimately, those permits will be made available without the fees that were originally proposed.
Prior to the vote, the city hosted a public hearing on the matter. Before the hearing opened, Fulton Mayor Ron Woodward explained that the matter of outdoor fires has been raised several times in the past two years as city residents started to purchase decorative outdoor devices for backyard fires.
“Presently, there is no law that allows (the devices),” Woodward explained. To date, Woodward said only devices intended for outdoor cooking have been allowed in the city.
“It’s been a problem,” he added.
The reason for the law, he said, is to set down a set of rules that will allow residents to have outdoor fireplaces if they meet a set of established criteria. The permit will give the fire department a way to track the residents who meet that criteria, he noted.
Several residents had questions about that process.
Resident Jan Poyneer said he purchased one of the outdoor fireplaces for his yard.
“I bought it to roast marshmallows with my grandchildren,” he said, asking if there was anything in place to allow for that now.
Woodward said that while the fireplace is illegal at this time, with a permit, Poyneer would be able to use the fireplace without a problem.
Fire Chief Anthony Gorea explained that the property conservation code currently allows outdoor cooking and only in a device that is intended for cooking. The criteria for the recreational fireplaces, he said, takes both state laws and the property conservation code into consideration.
The rules, Gorea said, explain that residents will be required to have a minimum of 25 feet between where they want to place the fireplaces and structures, property lines and roads. Gorea noted that outdoor cooking devices, such as barbecues, are exempt from the permit requirements.
Originally, the new law set down a $25 annual fee for the permit. At the request of the mayor, the council opted to waive that fee.
“We are not concerned about making money,” Woodward said. “We are more concerned about safety.”
Gorea suggested, however, that the permit fees for open burning and bonfires remain in place.
Resident Frank Castiglia asked if the fire department will enforce the space requirements before permits are issued. Gorea said it will and acknowledged that the rules will restrict some residents will smaller yards from obtaining a permit.
“But we can’t allow less than the state allows,” Gorea said. “That’s where we got these distances.”
One resident asked if neighbors could apply for a joint permit to meet the space requirements. Gorea said while the current law does not allow for that, it is possible that revisions will be made to the law in the future.
Fourth Ward Alderman Dana Smith, a retired firefighter, said, “Technically (recreational fireplaces) are not allowed, period. … This will give people who have the space the ability to enjoy their backyards.”
Poyneer asked when the law would go into effect.
City Clerk Joseph Tetro explained that it will have to be filed first with the state.
Gorea said that the permits will be valid for a year and are set to expire on Dec. 31 of each year. Annual renewals will be required.
Gorea noted that even with a permit, outdoor fires will not be permitted from 11 p.m. to 7 a.m. If outdoor fires become disruptive to neighbors, the fire department has the authority to extinguish them regardless if a resident has a permit.
Gorea pointed out that copies of the law will be available in the city clerk’s office and encouraged people interested in a permit obtain a copy of the law.
“We won’t go looking for violators,” Gorea noted. “But if we get complaints, we will go to investigate them.”
At the close of the public hearing, the council voted 5-0 to approve the law. Fifth Ward Alderman Norman Foster was absent from the meeting.
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This is a good thing especially this time of year. Wish I knew when it takes effect.
Another example of goverment wanting to know what your doing and one more thing that fulton wont inforce.
I don’t believe that Mr. Poyneer or any other citizen should have to purchase a permit for his outdoor fireplace. This law is simply another attempt by the city to impose unnecessary laws on our citizens. I am sure that Mr. Poyneer and other citizens will be careful when using the outdoor stove. People will have to use common sense. We can’t legislate everything. Mr. Poyneer said it was to roast marshmallows. As long as the stove is kept away from a structure it should be treated like an outdoor grill. I hope the city does not impose a permit requirement for these stoves.
Sal Lanza Esq.