03-16 Amend 1306.6 regarding outdoor cooking devices

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Placed on first reading and referred to the Housing Committee 1/19/2016; second reading 2/1/2016. Additional changes recommended by Planning Commission 10/7/2016. Please substitute for the original. REFERRED TO HOUSING 10/17116. ORDINANCE NO. 3 -16 BY: Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. AN ORDINANCE amending Section 1306.60 of the Codified Ordinances of the City of Lakewood by expanding on the regulations governing exterior electric and fuel - burning cooking devices. WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self - government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 1306.60, Exterior Electric and Fuel Burning Cooking Devices, of the the Codified Ordinances of the City of Lakewood, currently reading as follows: SECTION 1306.60. EXTERIOR ELECTRIC AND FUEL BURNING COOKING DEVICES. No electric or fuel binning cooking appliance or device shall be permitted to be operated upon any porch, balcony, patio deck, roof or similar structure when such structure is located above the first floor level or if the first floor level is enclosed or covered in whole or in part by awnings, canopies, arbors, roofs and similar roof strictures. is hereby repealed. Section 2. New Section 1306.60, Exterior Electric and Fuel Burning Cooking Devices, of the Codified Ordinances of the City of Lakewood, is hereby enacted to read as follows: SECTION 1306.60. EXTERIOR ELECTRIC AND FUEL BURNING COOKING DEVICES. No portable electric or fuel burning cooking appliance or device shall be permitted to be operated upon any porch, balcony, patio deck, roof or similar structure when such structure is located above the first floor level or if the first floor level is enclosed or covered in whole or in part by awnings, canopies, arbors, roofs and similar roof structures. Permanently installed appliances designed for the cooking of food for human consumption are permitted at a balcony, deck or roof approved for occupancy which does not have a balcony, deck or roof top above; and is not more than three stories above the level of the Fire department access. The fuel source shall be electricity or natural gas and the appliance shall be installed per the manufacturer's written requirements; with a manual shutoff within 6 -feet of the appliance; and in compliance with applicable state codes.