A. General: The following activities are not in violation of this chapter unless they cause air pollution as defined in section 5-2-1 of this chapter:
1. Burning in an outdoor fireplace, subject to the regulations provided for hereinbelow:
a. Outdoor fireplaces of permanent construction cannot be attached to any structure, accessory building, building, or other medium that is combustible. All units, permanent or portable, must be freestanding with a minimum three feet (3') clearance on all sides. Portable units must be placed on a noncombustible surface such as concrete, patio blocks, or stone in such a way that the firebox is eighteen inches (18") above this surface.
b. Outdoor fireplaces are strictly limited to burning the following materials:
(1) Cut wood (dry, unpainted, unfinished).
(2) Manufactured logs.
(3) Manufactured nonwood logs specifically made for use in fireplaces.
c. No other material may be burned in outdoor fireplaces. Pressure treated wood, wet wood, rubbish; leaves, garbage, landscape waste, agricultural waste, and other waste are expressly prohibited.
d. The fire in an outdoor fireplace must be maintained in such a manner as to minimize the generation of smoke. Smoke that is a result of a smoldering or dying fire shall be eliminated. Generation of such smoke is considered a public nuisance punishable by fine.
e. All fires in an outdoor fireplace are prohibited between the hours of twelve o'clock (12:00) midnight to six o'clock (6:00) A.M. daily. Fires must be extinguished in such a manner that all air to the fire is cut off or the burning material is wet down with water until it is cool to the touch.
f. All outdoor fireplaces must have a screen covering the flame or glass doors that prevents the distribution of hot embers or sparks outside of the firebox.
g. Outdoor fireplaces shall be attended by an adult at all times. Precautions shall be taken to avoid touching hot surfaces, particularly when children are present. Manufacturer's installation, operating, and safety instructions shall be followed at all times.
2. Prescribed burning for control of growth in prairie or wetland areas: This shall be strictly limited as follows:
a. Burning is allowed for environmental or ecological purposes only;
b. Any prescribed burn shall be conducted by trained personnel who meet the minimum requirements and capabilities prescribed by the fire chief;
c. No such burn shall be allowed unless and until the personnel conducting the burn have obtained the required permit from the Illinois environmental protection agency (EPA) and shall have placed on file with the fire chief their written plan for conducting the burn in a safe manner.
d. The fire chief shall have plenary power to directly regulate and oversee any such burn, including prohibiting it when, in his or her sole discretion and ultimate authority, atmospheric conditions or other factors suggest that it may pose a danger to life or property.
3. The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official.
4. Small open flares for heating tar, for welding, acetylene torches, highway safety flares, and the like. (Ord. 12-07-15, 7-16-2012)