JOSH DAVIS/BAYSIDE GAZETTE
Ocean Pines Association General Manager John Bailey

By Josh Davis, Associate Editor

(Dec. 20, 2018) Following up on a November press release by the Ocean Pines Association, General Manager John Bailey, during a public board meeting earlier this month, sought to clarify the rules on having fire pits in the community.

“Can one have a fire pit? Yes! Can one have an existing fire pit? Yes! Can one have a fire pit built on one’s property? Yes! Can one have a portable fire pit? Yes! So, what’s all the fuss about?” Bailey said.

He pointed to a section of the association Declaration of Restrictions that says, “No outside burning of wood, leaves, trash, garbage or household refuse shall be permitted.”

“Therefore, fire pits can be approved, but not for the open burning of wood, etc.,” Bailey said, adding that “open burning” was defined as “ignition and subsequent burning of any combustible material (garbage, leaves, grass, twigs, litter, paper, [or] vegetative matter involved with land clearing or any sort of debris), in the open or in a receptacle, other than a furnace, incinerator, or other equipment connected to a stacker chimney.”

“That does leave some open area, like charcoal and things like that,” he added.

Bailey said the Ocean Pines Architectural Review Committee was looking into creating new language on the subject to allow for existing fire pits, to provide a process for creating new fire pits, and to determine “what rules need to be considered for construction, placement and use of a fire pit that actually is constructed on a lot.”

He said another section of the declarations requires that any permanent structure be permitted.

“If the fire pit is portable, of course, it does not. However, there are some guidelines that all fire pits need to follow and the ARC is in the process of spelling those out,” Bailey said.

He added examples might be that all fire pits need to have screens, or guidelines on what materials can and cannot be burned.

“In any capacity of use, a fire pit cannot create a public nuisance – the burning cannot impact one’s neighbor negatively,” Baileys said. “Because of the DR language, there can become a liability exposure to the association. It’s no longer an issue of, that’s a matter between neighbors. If you live in an association, that becomes something that the association actually has to deal with.”

Bailey said it all came down to using common sense, adding, “We can’t legislate being neighborly.”

“We all have a right to the quiet enjoyment of our property. However, that obviously doesn’t mean we each get to have it all with disregard to our neighbor’s same right,” he said. “If you have a fire pit … and your neighbor’s kids are already outside playing and the wind is blowing pretty hard in that direction, maybe it’s not the best time to start a fire … if you don’t have a fire pit and your neighbor has started a fire pit for their grandchildren to make s’mores, that’s OK to do that. Perhaps, if that activity is going to bother you, maybe it’s not the best time for you to be in your backyard.

“The bottom line is, be aware of your surroundings. Protect yourselves, your property, your neighbor’s property, and protect the natural environment. By safely operating a fire pit, burning the right things to prevent fly ash, using a screen and making sure the smoke isn’t creating a problem for your neighbor, everybody can enjoy one’s own property,” Bailey said.