“Seven Fire Pit Safety Concerns for your Community Association” – KSN attorney Joshua Weinstein discusses the potential areas of concerns that community associations need to consider relating to fire pits. Topics include placement requirements, types of fire pits, signage, rules and regulations, and more. (12mins.)
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Episode Transcription
Bernie: You are listening to the KSN podcast and today we’re talking about fire pits in community associations. Welcome to the KSN podcast, where you’ll hear from KSN attorneys as they share their experience and insight on legal issues surrounding community associations, collections, property tax appeals, and landlord tenant law. I’m Bernie, and today we’re joined by KSN attorney Joshua Weinstein. Josh practices Condominium, townhome and Homeowner Association law in the city of Chicago and the surrounding suburbs. He advises clients and property managers on how to stay on top of the many legal requirements across the spectrum. Josh, welcome to the podcast.
Josh: Great to be here. Thanks for having me, Bernie.
Bernie: All right, so our topic today, Josh, is fire pit safety concerns and some best practices to ensure that your association is protected.
Josh: Yeah, fire pits can be a fun and enjoyable addition to condominium, homeowners, townhome, or other community associations, but it’s important that board members, property managers and union owners are aware of the potential safety concerns that come with fire pits.
Bernie: So, let’s jump right in. What concerns does an association, the board members, the property managers, what do they need to address or enforce in relation to fire pits?
Josh: So the first thing to understand is the placement or the location of the fire pits. Fire pits generally should be placed at a safe distance from homes, other structures such as sheds, decks, playground equipment, covered shelters, fencing, and combustible materials like trees, wood piles, patio furniture and compost in order to reduce the risk of the fire spreading. The exact distance required might vary depending on local building codes and village ordinances though.
Bernie: And that’s where you, Josh as an attorney, as legal counsel for an association, would look into building codes, ordinances, municipal requirements regarding the placement of a fire pit. Correct?
Josh: Exactly. Yeah. We can review any local ordinances or an association’s governing documents if they have such requirements to ensure that when an association’s considering installing a fire pit, for example, that they’re in compliance with both their own governing documents but with the local ordinances and codes as well.
Bernie: So you mentioned examples, so let’s go over some examples of actual required distances and I think the caveat being different municipalities, villages, city, suburbs, are going to have different requirements for the distance but you have some examples Josh, you can share.
Josh: Yeah, absolutely. Yeah. As you said, municipalities and local codes may differ from village or city to city. For example, the village of Gurney in Illinois states that recreational fire shall not be conducted within 25 feet of a structure or combustible material, which includes wood fencing. Another example would be the city of West Chicago in Illinois allows for exceptions including fires in approved containers that are not less than 15 feet from a structure. However, the minimum required distance from a structure shall be 25 feet where the pile size is three feet or less in diameter and two feet or less in height. And also, the city of Indianapolis, Indiana has open burning requirements for fire pits that include placement of the container at least 15 feet for many structures, trees, or other objects that may catch fire.
Bernie: So we have different requirements depending on the type of fire pit. What are some of the different types that are out there, Josh?
Josh: Generally there are two types of fire pits. You have in-ground fire pits and portable fire pits. Fire pits utilize different types of fuel, for example, propane or wood burning or gel. In some municipalities a permit might be required before installing an in-ground fire pit and the allowed size of a fire pit may depend on local ordinances and regulations. Before using portable fire pits that utilize propane fuel, associations need to be sure to check any applicable municipal ordinances and consult with legal counsel. Some municipalities prohibit the use and or storage of propane or similar combustible liquid fuels within certain buildings. So it’s always important to check those local ordinances before allowing or permitting portable fire pits.
Bernie: So, in addition to the placement of the fire pit itself, what other items, Josh, in the surrounding area need to be considered for a safety risk? What do board members and property managers need to be aware of?
Josh: It’s important to ensure that any materials placed near a fire pit like furniture or decorations are not easily flammable. That’s probably obvious but in addition, it’s essential to keep flammable liquids or materials away from the fire pit as they can easily catch fire.
Bernie: And like you mentioned before also regarding distance, Josh, the structures like sheds, decks, playground equipment, covered shelters also should be considered regarding the placement of a fire pit. But now in the event of a potential fire, what would the community association need to have available? How would they extinguish or mitigate that potential flame?
Josh: Well, if the fire pit’s in a common area as opposed to a unit owner’s private property or private lot the community association should have some fire suppression equipment like a fire extinguisher or a garden hose on hand and readily available in case of a fire or other emergency.
Bernie: Josh and I are going to take a quick break, but when we get back we’ll discuss potential signage that a community association may need to post for fire pits.
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Bernie: I’m here with attorney Joshua Weinstein and we’re talking about fire pit safety concerns in community associations. Josh, we’ve talked about placement on both the fire pit, surrounding areas, fire suppression equipment. What type of signage would they post pertaining to the fire pit?
Josh: As with everything else we’ve been discussing, specific signage required for a fire pit in a common area of a community association might vary depending on local ordinances, rules and regulations. Those regulations might include requirements for posting information on when fires are allowed, how long they can be burned, and restrictions on the size or location of the fire pit as we’ve been discussing. Some common types of required signage might include warning signs. Warning signs can be placed near the fire pit to remind residents of the potential risk associated with fire pit use. These signs might caution about the risk of fire, the need for proper ventilation and the importance of not leaving the fire unattended. There may be some use guidelines signage. Signs that might be placed and provide guidelines for the safe use of the fire pit. This might include information on the types of fuel that is allowed, how to properly light and extinguish a fire and rules around the use of chairs and other flammable materials near the fire pit.
We also may want to have signage that indicates some emergency contact information where in the case of an emergency you might have signage that provides contact information for local emergency services such as the fire department. You also may have no smoking signs in order to prevent the risk of accidental fires, posting signs that prohibit smoking in or around the area of the fire pit. And in general, the signage required for a fire pit in association’s common areas could be designed to promote safe and responsible use of the fire pit while also addressing any potential risks or hazards.
Bernie: Are there any other external safety concerns, Josh, that should be considered before use of a fire pit?
Josh: Sure. Weather related warnings are important for the safe use of fire pits. Associations should be prepared to address enforced regulations regarding fire pit use during certain weather conditions. For example, high winds. High winds can increase the risk of fire spreading and can also cause sparks or embers to be carried away from the fire pit, thereby causing a danger to other property or other persons in the association. Also, dry conditions. Dry conditions can increase the risk of fire, especially during periods of drought or dry weather.
Bernie: So it’s fair to say, Josh, we are not experts in fire pits or fire protection and fire safety, but an issue that you deal with on a regular basis are working with an association’s governing documents, with their rules and regulations and when it comes to fire pits and fire pit safety, the responsibility for maintaining the safe use of those fire pits, how should the association regulate or work within the confines of the rules and regulations when it comes to fire pits?
Josh: Yeah, I want to underscore that we, and no attorney is an expert necessarily in fire pit safety itself. That’s something that fire departments and emergency service professionals are experts in but we can help the board members, property managers and unit owners who have a clear understanding surrounding fire pit usage in general. The association’s governing documents could address various concerns related to fire pit usage, including issues like safety and conduct policies, permitted types of fire pits, fire pit placements, waiver release requirements, hours of permitted use, food and beverage permissions, required signage, guest accessibility and capacity and all of these things are things that associations can address with consultation with legal counsel.
Bernie: And not to expand the conversation too much, but it seems like the safety concerns that are applied to fire pits also seem like they could be applied to other forms of open flame and that could be, for example, a barbecue grill but what should a community association consider when it comes to other open flame sources?
Josh: Yeah, another good reason to consult with legal counsel because various ordinances and local regulations might govern this tissue, but along with fire pit safety, associations should be aware of issues that might arise from other open flame sources like barbecue grills, smokers, outdoor fireplaces, and open burning materials such as leaves, paper or wood waste. By taking these safety measures and concerns into consideration, a community association can help ensure that fire pits are a safe and enjoyable addition to the community.
Bernie: That was KSN attorney Joshua Weinstein. Josh Practices condominium, townhome and homeowner association law. Please contact KSN if you have any questions regarding local ordinances, rules or restrictions pertaining to fire pits or if you need assistance in preparing rules and regulations for your community association. KSN is an experienced legal resource ready to provide you with quality advice and exceptional service. We look forward to demonstrating how we’ve earned the trust of thousands of clients over the past 40 years. If you’d like to reach Josh or any of KSN’s experience attorneys, please call 855-537-0500. You can also visit ksnlaw.com and complete the contact form to send us a message. Thanks for listening.
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Please note the material contained on the KSN Podcast is for informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained on the KSN Podcast. You should not act on the information discussed on the KSN Podcast without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information on The KSN podcast, the law can change quickly. Accordingly, please understand that information discussed on the podcast may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed on the podcast at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the podcast, or the performance of the podcast generally. The KSN Podcast may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2023 Kovitz Shifrin Nesbit, A Professional Corporation.