Burning Ordinance

Section 307. Open burning and restrictions/allowable burning.

  • General provisions. No person may conduct, cause, permit or allow the disposal of trade waste, construction waste, salvage operation waste, or demolition project waste by open burning, except as provided for herein. This open burning prohibition includes, but is not limited to, tires, rubber products, asbestos-containing material, hazardous material, styrofoam, plastics, petroleum-based products, treated wood and other refuse.
  • Exceptions--Permit required. (A) Exceptions. The open burning of certain trade wastes and excessive quantities of vegetation in excess of 500 cubic feet may be permitted only when it can be shown that an emergency exists which requires open burning, or when it can be shown that open burning is the only safe or feasible method of disposal. Economic considerations shall not be the primary determinant of feasibility. (B) Permit--Application. Any person intending to engage in open burning shall file an application with and receive written approval from the fire chief or his designee. The application shall state the following: (1) The name, address and telephone number of the person submitting the application; (2) The type of business or activity involved; (3) A description of the proposed equipment and operating practices, the type, quantity and composition of trade wastes and vegetation to be burned and expected composition and amount of air contaminants to be released to the atmosphere where known; (4) The schedule of burning operations; (5) The exact location where open burning will be used to dispose of the trade wastes and vegetation; (6) Reasons why an emergency exists or no method other than open burning is feasible; (7) Evidence that the proposed open burning has been approved by the fire control authority which has jurisdiction. Upon receiving written approval of the application by the fire chief or his designee, the person may proceed with the operation without being in violation of this ordinance, but approval shall not exempt the applicant from complying with the provisions of any other law, ordinance or rule; (8) The owner or operator shall submit information to the fire chief or his designee prior to the issuance of the permit showing that the conditions of this subsection will be met; (9) The fire chief or his designee may place conditions in the permit concerning times, methods and locations of burning in order to prevent air pollution, nuisance conditions or safety hazards; and (10) The permit may be revoked if the owner or operator fails to comply with the provisions of this subsection or any conditions of the permit.
  • Exceptions--Permit not required. Burning of yard waste and construction trade waste set out hereinafter shall be allowed without permit under the conditions set out in section 4 herein. "Construction trade waste," for the purposes of this ordinance, shall mean untreated milled wood products and/or scraps thereof. (A) The burning of yard waste and construction trade waste in quantities of less than 500 cubic feet; (B) Monitored burning of yard waste and construction trade waste between the hours of 8:00 a.m. and 8:00 p.m. on a residential premise having not more than four dwelling units, provided that the refuse originates on the same premises and excludes tires, garbage or products containing hydrocarbons. Burn barrels are to have covering grates to prevent embers; (C) Fires set for the purpose of training fire fighters and industrial employees in fire fighting methods provided that 1) the training is conducted in strict accordance with National Fire Protection Association NFPA 1403 "Standard on Live Fire Training Evolutions in Structures," for fire fighters and NFPA 600 for industrial employees; and (D) Camp fires and other fires used solely for recreational purposes, for ceremonial occasions or for outdoor noncommercial preparation of food.
  • Conditions. All burning, whether or not a permit is required, shall be subject to the following conditions: (A) The open burning will take place at a time of day when atmospheric conditions will permit adequate dispersion of smoke, but only between the hours of 8:00 a.m. to 8:00 p.m., or as otherwise specified by the fire chief or his designee; (B) The fire chief or his designee shall prohibit open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The fire chief or his designees shall order the extinguishment of any open burning which creates or adds to a hazardous or objectionable situation; (C) The open burning shall not create a fire hazard. Burning shall not take place within 50 feet of any ignitable material; (D) Nothing in this rule may be construed to permit open burning which causes or constitutes a public health hazard, nuisance, or a hazard to vehicular or air traffic, nor which violates any other rule or statute; and (E) The fire chief or his designee may prohibit any open burning during hazardous atmospheric conditions and at any time any state agency has issued a no burn order.