Lighting up a cute chiminea could cost you a pretty penny Lighting up a cozy chiminea in your backyard could cost you Fire up that cozy chiminea in your own yard at your own risk.

Byline: Diane Dietz The Register-Guard

Eugene residents, when you're gazing into the embers in your trendy new patio fire bowl some night soon, here's a not-so-cosmic notion to contemplate:

Your fire is in violation of the Eugene city code and, if you're caught by police, you could face a fine of $115 to $200 and be required to appear before a municipal judge.

Wood-fired pits, bowls, patio heaters, chimineas - whatever you want to call them - are forbidden for use, except when cooking, under the city's rules.

"They are considered by city ordinance to be open burning, and open burning is prohibited," said Doug Perry, deputy fire marshal for the Eugene Fire Department.

Police in Eugene don't write many tickets for violating the anti-open burning ordinance, said Eugene police spokeswoman Kerry Delf. But police have the authority.

Backyard burning regulations vary somewhat around the county. But the growing popularity of backyard fires has thrown local governments for a loop. The federal government is clamping down on fine particulate in the air, and much of that comes from smoke of any kind.

Yet, consumers have developed a yen for campfire-type experiences on their urban and suburban properties.

"Now the patio heater and chiminea have gotten really popular and sold everywhere, how do we deal with them?" said Sally Markos, spokeswoman for the Lane Regional Air Protection Agency.

"People are trying to figure out what they are, how you regulate them, should you regulate them? If you don't regulate, how do you reduce the impact from smoke?" she said.

The air agency's board will make a tentative foray into the question today as it considers scheduling an October public hearing on rules that include fire bowls and the like.

The staff's recommendation is for the board to rationalize the use of the fires.

Under proposed rules, they would fall under the same rules as home wood heating, which would include restrictions on burning when the air is particularly dirty and strict rules on what residents can feed into the fire.

Outdoor fire bowls, pits or built-in fireplaces are a part of a two- or three-year-old trend that retailers call "outdoor living."

People strive to make their patios or other outdoor rooms as comfortable as the indoors with lights and heat and easy-chair furniture.

"That's really taken off - the furniture and everything - it's not just the plastic chair anymore," said Richard Jesser, garden section salesman at a Eugene Home Depot.

The NPD Group, a large, New York-based consumer research organization, claims that 23 percent of U.S. households own a fire pit or outdoor fireplace, and another 14 percent are planning to add one soon.

The price for the fire pits can range into the thousands of dollars, but big box and even grocery stores are carrying some in the $50 to $100 range.

The problem comes when neighbors of homes with fire pits try to sleep in the cool of night with their windows open - and in drifts the smoke, Markos said.

The air protection agency gets such a complaint about once a month, Markos said.

It's meteorology: In the still of the night, the smoke drifts down from the sky, settles at ground level and stays until the morning winds whisk it away.

Exposure to smoke is harmful for people with lung or cardiovascular disease, Markos said. Young children and the elderly are particularly susceptible.

"You could be out there in the evening thinking you're having this lovely fire - it's warm and it smells nice - but it could be really bothering your neighbor. It could even trigger an asthma attack," Markos said.

Eugene firefighters are often called to a backyard burn by unaware neighbors mistaking the smoke for a house fire. In those cases, the company officer will assess the situation, may ask the homeowner to douse the flames, and can refer the incident to the police or to the air agency for enforcement, Perry said.

Air agency inspectors have on occasion told a homeowner that their neighbors had complained, but haven't issued a citation to any fire bowl enthusiasts.

The decision about whether to regulate the fire pits will be tough for members of the air agency's board. Member Drew Johnson said he's torn.

"They should not be allowed because they create unnecessary urban pollution," he said. "As a practical matter, however, everybody has a backyard campfire. It's just part of, you know, living in the Northwest."

Bob Doppelt at the UO's Climate Change Leadership Initiative sees them as an unnecessary source of carbon dioxide, the chief global warming gas.

Besides, Lane County residents are asking Linn County grass seed farmers not to burn their fields.

"It is hypocritical for the people of Lane County to have strong feelings that we don't like being smoked out by grass seed burners and yet we're saying it's OK for us to have backyard campfires," Johnson said.

FIRST STEP

The Lane Regional Air Protection Agency will take a first step toward regulating patio fire bowls, chimineas and fire pits.

When and where: 12:15 today at 1010 Main St., Springfield.

Information: www.lrapa.org or 736-1056