Laserfiche WebLink
37 <br />'n hary <br />MEM© <br />TO: Mayor and City Council <br />FROM: Mark Casey, City Manager <br />RE: Interpretation of Ordinance 97.11 <br />DATE: September 27, 2013 <br />Section 97.11(A) of the City Code states the following: <br />§ 97.11 PATIOS AND BALCONIES. <br />(A) Open flame prohibited. In any structure containing 3 or more dwelling units, no person shall <br />kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground <br />floor patio within 15 feet (4572 mm) of the structure. <br />In a September 19, 2013 email to Mr. Ken Brown from the City Fire Marshal, has interpreted Section <br />97.11(A) as follows: <br />"Our interpretation of our existing ordinance remains the same. If a structure has 3 or more dwelling <br />units grilling is not allowed on any balconies or decks. Grilling on a patio is acceptable if you can get 15 <br />feet away from the structure. <br />If you wish to appeal this decision the proper process is to go to city hall to fill out an appeal." <br />After reviewing Section 97.11 and considering its underlying purpose of fire prevention and public <br />safety, City staff agrees with the Fire Marshal's interpretation. The ordinance applies to "any structure <br />containing 3 or more dwelling units." Whether a structure with three or more dwelling units contains <br />only one story or is multi -storied makes no difference for purposes of enforcement. Fires and open <br />flames, such as those associated with grilling, are prohibited on any balcony above ground level and any <br />ground floor patio within 15 feet of the structure. At the ground level, then, whether it occurs on what <br />is labeled a patio or deck or otherwise, an open flame within 15 feet of the structure is expressly <br />prohibited. <br />