No person shall build, ignite, or maintain any outdoor fire of any kind or character, or for any purposes whatsoever, unless weather conditions do not constitute a safety hazard and the air quality index (AQI) as determined by the department of environmental quality (DEQ) is sixty (60) or below for any pollutant. The AQI may be found by calling the DEQ at (208) 373-0313, and as that number may change from time to time, the AQI may also be obtained through the DEQ website at www.deq.idaho.gov. It is the responsibility of any person who shall ignite any outdoor fire to determine the AQI prior to ignition.
A. Allowed Burning: Open burning shall be allowed under the regulations set forth above in the following cases:
1. Fires used to keep irrigation ditches and fencerows clear of plant and weed growth; and/or
2. Fires used for control or alleviation of fire hazard or for weed control when no alternative control method exists; and/or
3. Fires used in the training of organized firefighting personnel; and/or
4. Fires used to dispose of tree remnants and dry vegetation where no other practical or alternative method of disposal is available.
B. Prohibited Burning:
1. Notwithstanding the provisions of any section of this chapter, no person shall allow, suffer, cause or permit the burning of materials that emit toxic contaminants or large volumes of smoke, particulates or odors, such as, including, but not limited to, the following: wet or green vegetation, commercial waste, drywall, sheetrock, floor underlayment, insulation, chemicals, motor vehicles and parts thereof, dead animals or parts thereof, junked motor vehicles or any materials resulting from a salvage operation, tires or other rubber materials or products, plastics, asphalt or composition roofing or any other asphaltic material or product, tar, tarpaper, waste or heavy petroleum products, paints, lumber, or timbers treated with preservatives, insulated wire, and pathogenic wastes or hazardous wastes.
2. Any burning that would otherwise be allowed under this chapter, but is determined to be a public nuisance, hazard or source of air pollution, shall be prohibited.
3. No person shall allow, suffer, cause or permit the open burning of any material that violates an air pollution alert as specified in chapter 10 of this title, known as the Ada County clean air ordinance.
C. Restrictions On Open Burning:
1. Open burning shall not be conducted within fifty feet (50') of any structure or combustible material. Conditions which could cause the fire to spread to within fifty feet (50') of a structure shall be eliminated prior to ignition. This fire distance restriction from structures is not applicable to authorized burning of irrigation ditches for the purpose of maintaining adequate irrigation.
2. Any open burning shall be constantly attended by a competent person until the fire is completely extinguished. This person must have a garden hose connected to a water supply or other approved fire extinguishing equipment readily available.
3. No person shall kindle a fire upon the premises of another without the permission of the owner or his agent.
4. Open burning hours are from dawn until dusk; no person may conduct open burning at night or allow a fire to smolder overnight.
5. Open burning shall be immediately discontinued if the smoke emissions constitute a public nuisance or hazardous condition.
D. Recreational Or Warming Fires: Recreational or warming fires, when conducted under the provisions of this section, do not constitute open burning.
1. Recreational and warming fires shall not be conducted within twenty five feet (25') of a structure or combustible material unless contained in a barbecue pit. Conditions which could cause a fire to spread to within twenty five feet (25') of a structure shall be eliminated prior to ignition.
2. A hose connected to a water supply or other approved fire extinguishing equipment must be readily available.
3. Recreational and warming fires must be constantly attended to by a responsible and knowledgeable person until extinguished.
4. No person shall allow, suffer or cause or permit a recreational or warming fire that violates air pollution alerts as specified in chapter 10 of this title known as the Ada County clean air ordinance.
5. Recreational or warming fires must be extinguished if the smoke emissions constitute a public nuisance or hazardous condition. (Ord. 577, 3-22-2005; amd. Ord. 636, 9-26-2006; amd. Ord. 744, 2-23-2010)