By Tara Fischer

Staff Writer

Berlin officials are looking to clarify the town’s rules on backyard fire pits after residents expressed confusion over whether the fixtures fall under the town’s ban on open burning.

During Monday’s mayor and council meeting, staff and elected officials discussed updating the code to make the difference clear between recreational fire pits and burning debris. Staff will establish the definitions and standards to remove any uncertainty on what is and is not allowed within the Town of Berlin.

Ryan Hardesty, the town’s planning director, noted that at a previous council meeting, the question was raised about whether fire pits are allowed and if they fall under the outdoor burning article of the town code.

Councilman Jack Orris said the situation was brought up after he was approached by a resident who had received a citation, seeking some clarification over the allowance of backyard burning.

According to Hardesty, the municipality’s regulation states that, “except by special permit from the director of the planning and zoning department, no outside or open fires or burnings of any kind shall be permitted.”

“That wording kind of suggests that all outdoor fires, including fire pits, are either not permitted or only allowed with a permit,” the planning director said.

Hardesty added that her department researched approximately 20 municipalities in Maryland to determine their rules and gain guidance on how to proceed with Berlin’s own fire pit standards.

Of the towns examined, 43% do not permit fire pits of any kind, 33% allow fire pits, and 24% will sanction fire pits with a permit. The districts that approved fire pits without a permit included restrictions like size, materials to be burned, and setbacks from buildings and property lines.

Berlin Mayor Zack Tyndall said that he has had citizens reach out to him about the town’s rules and regulations for fire pits, and that he passes them along to the police or planning department. To remedy the confusion on what is and isn’t sanctioned, the mayor stated that clear outlines should be created.

“We’re not talking s’mores in the backyard,” Tyndall said. “We’re talking about burning debris. Do I think setting guidelines should have a family have to contact the planning department every time they want to do s’mores outside? No. I think there should be a standard size and material. If you are seeking something outside of that norm, then it requires an application from the planning department.”

Berlin Town Administrator Mary Bohlen added that the current code could include restrictions on items such as barbecue grills and fires for family s’mores.

Staff and officials maintained that they would like to ensure that the updated standards clarify that these recreational activities are permitted without special authorization by the town, while larger debris burning would be outlawed, or allowed with exceptions.

“I don’t think any of us are interested in people coming into planning every Friday, going, ‘I’m going to have hamburgers tonight,’ Bohlen said.

Some definitions to determine what a fire pit actually is, the town administrator noted, should be included in the new guidelines.

“Fire pits, BBQ grills, very common throughout the United States, they definitely should be allowed as a non-permitted use,” said Councilman Jay Knerr. “But I do agree we need some definitions.”

“There definitely is a difference between recreational burning and open burning,” Hardesty echoed. “I think the clearer we can be, the better.”

Bohlen said that staff will look at creating an updated burning code to ensure residents and officials are clear on what type of fire fixtures are and are not allowed.