Navigating BBQ & Fire Pit Usage in the West Winds HOA Community
- 6 days ago
- 5 min read
Updated: 7 days ago
In our community, enjoying the warm glow of flames can bring friends and family together in delightful ways. However, maintaining safety and adhering to the aesthetics of our neighborhood are paramount. Following the West Winds’ Covenants, Conditions, and Restrictions (CC&Rs) and the City of Bozeman’s fire regulations is essential to ensure everyone's safety and compliance. Sections 13.31, 13.27(a)(c)(d), 13.29, and 13.40 of our CC&Rs specifically address BBQs, fire pits, and open fire usage, underlining the importance of responsible enjoyment.
FIRE PITS ARE NOT CURRENTLY PERMITTED IN WEST WINDS
The West Winds CC&Rs address open fires in two independent provisions.
Section 13.40 establishes that fire pits are permitted only when they are "in compliance with the Association Rules and the Design Guidelines." The Board has not yet adopted Association Rules or Design Guidelines governing fire pits. Because no such rules are in place, there are currently no standards under which any fire pit — whether constructed or portable — can be approved or deemed compliant. The default prohibition on open fires therefore applies to all fire pit installations at this time.
Section 13.27(d) independently provides that no open fires may be lighted or permitted on the Property except in a contained outdoor fireplace or barbecue unit that is attended and in use for cooking purposes. A portable wood-burning fire pit is not a cooking device and does not meet this standard.
This applies to both permanent and portable fire pit units.
Additionally, Sections 13.27(b) and 13.31 prohibit nuisances that are offensive, detrimental, or annoying to other Owners and Occupants. Section 13.27(c) prohibits activities that are or might be unsafe or hazardous to any person or property. A wood-burning fire in an open residential setting generates smoke and odors that directly affect neighboring properties, and open flame on or near dry grass and wood fencing presents a meaningful fire safety risk — both of which implicate these provisions.
Understanding the West Winds HOA (CC&Rs) Rules
Section 13.40: Fires
This section dictates that no open fires or similar activities are allowed on the property except barbecues in properly constructed pits or grills. This rule ensures that all fire-related activities are controlled and safe for everyone.
Section 13.27(a), (c), and (d): Unsightly or Unkempt Conditions
Subsection (a) requires that materials such as woodpiles, potentially used for a fire pit, be stored in a manner not visible from neighboring properties and do not attract pests or pose a fire hazard.
Subsection (c) No activities shall be conducted upon or adjacent to any Lot or within improvements constructed thereon which are or might be unsafe or hazardous to any person or property.
Subsection (d) limits open fires to those contained in outdoor fireplaces or barbecue units that are attended to and used for cooking purposes, minimizing the risk of uncontrolled fires.
Section 13.29: Violation of Law
No Owner shall permit anything to be done or kept in or upon his Lot or in or upon any Common Areas which will result in the violation of any law or other applicable requirement of governmental authorities.
Section 13.31: Nuisances
This section emphasizes that no activities should be conducted that interfere with other residents' enjoyment, pose a risk to property and safety, or fires that produce excessive flames, smoke, or odors.
Current Status — Fire Pit Policy Pending The Board is currently developing a formal fire pit policy and design standards. Until that policy is adopted, fire pits are not permitted at West Winds under CC&Rs §13.40, which requires fire pits to be "in compliance with the Association Rules and the Design Guidelines." No such rules are currently in effect. This page will be updated once the policy is adopted.
City of Bozeman Fire Regulations
In addition to the West Winds HOA's CC&Rs, homeowners are required to abide by the City of Bozeman's regulations regarding using BBQs (open flame cooking devices) and fire pits (recreational fires) to prevent fire hazards and protect public safety. These include:
Distance Regulations: Enclosed BBQs or grills must be placed at least 10 feet away, and fire pits (recreational fires) must be placed at least 25 feet from any structure (including decks and fences) or combustible material. Where the fire is contained in an approved screened appliance, the minimum setback is 15 feet from any structure. Either way, any condition that could cause a fire to spread within 25 feet of a structure must be eliminated before lighting."
Firewatch: An adult must always supervise the fire when in use, and a method of extinguishing the fire must be readily available, such as a fire extinguisher or garden hose. Fires cannot be more than three feet in diameter or higher than 2 feet. The fire must be attended to until it is out cold. The ashes must be cool to the touch before anyone can walk away from the fire. A spark can start a fire, and with dry grasses in the open spaces, we are in danger of fires starting and spreading down the open space.
Burn Bans and Restrictions: Homeowners must adhere to any seasonal or temporary burn bans imposed by the city due to dry conditions or other fire hazards.
Promoting Safe and Enjoyable Experiences
To ensure responsible and safe use of your BBQ or enclosed fire pit (Recreational Fires) within our community and the City of Bozeman’s regulations, consider the following guidelines:
Location and Construction: Ensure your BBQ or grill is enclosed and placed in an area that adheres to HOA and city restrictions and regulations, maintaining a safe distance from buildings and vegetation.
Compliance with Local Fire Regulations: Stay informed about and adhere to local fire regulations and community-specific rules regarding fire pit usage, which may change based on local conditions, such as drought.
Consideration for Neighbors: Be mindful of smoke and odors that may disturb your neighbors, and plan your fire pit usage during times that are less likely to inconvenience others.
Conclusion
The West Winds CC&Rs and City of Bozeman fire regulations together establish clear boundaries for outdoor fire use in our community. BBQ grills and contained cooking appliances are permitted when used responsibly and in compliance with the standards outlined above. Fire pits are not currently permitted pending adoption of a formal Board policy. When that policy is in place, this page will be updated with the applicable standards.
The content provided in this blog/news story is intended for informational purposes only. It is designed to offer a simplified and reader-friendly overview of pertinent sections of the West Wind HOA's Covenants, Conditions, and Restrictions (CC&Rs), as well as the relevant city of Bozeman regulations, ordinances, or laws. While every effort is made to ensure accuracy, this content should not be considered a substitute for the actual governing documents, applicable city laws, ordinances, or legal advice. Homeowners and residents are advised to consult the full, legally binding governing documents and city regulations or seek professional legal counsel for official reference or legal purposes.
