(A) Exemptions. The following types of burning are allowed:
(l) The burning of charcoal, clean untreated wood, and other cooking fuels customarily used in an outdoor grill, traditional food cooking devices, or campfires.
(a) Campfires must be contained in a fire pit which is designed to contain and control outdoor wood fires. Commercial fire pits must be used in accordance with the manufacturer’s instructions. Fire pits must be placed on a non-combustible surface at least twice the diameter of the fire pit.
(b) Fire pits must not exceed three feet in diameter. The fire may not extend more than two feet above the fire pit. The fire pit must be surrounded on the outside, above the ground, by a non-combustible material such as, but not limited to, concrete block, bricks, or rocks.
(c) Burn barrels are prohibited.
(2) Fires used for recreational or ceremonial purposes such as school pep rally fires or the celebration of scout activities. Recreational or ceremonial fires shall meet the following conditions:
(a) Only clean untreated wood or charcoal shall be used. Paper products can be used for ignition purposes only.
(b) The fire shall not be ignited more than two hours before the recreational activity is to take place and shall be extinguished upon the conclusion of the activity.
(c) The pile to be burned shall be less than 1000 cubic feet (for example: 10 ft. × 10 ft. × 10 ft.).
(d) The local fire department shall be notified 24 hours in advance if the pile to be burned is more than 125 cubic feet (for example: 5 ft. × 5 ft. × 5 ft.).
(e) The fire shall not be used for disposing of refuse.
1. If said property is one acre or more, tree limbs, leaves and grass clippings may be burned with approved permit from the City of Bedford Fire Department.
2. Property owner may only burn tree limbs, leaves and grass clippings from 6 a.m. to 6 p.m. Property owner must notify City of Bedford Fire Department of burn at least 24 hours in advance.
(B) Variances. Other types of fires may be approved as follows:
(1) A person may obtain a variance from the provisions of this chapter by submitting a petition to the Bedford Board of Zoning. A person must submit said petition to the Fire Chief in writing on a proscribed form which can be obtained from the City of Bedford Fire Department. The Fire Chief or his designated employee shall review said petition and make a recommendation to the Board of Zoning at a special or regular public meeting. The Board of Zoning shall review the petition and recommendation from the Fire Chief or his designee and either grant or deny the petition for variance at the first meeting following the date the petition is submitted to the Board of Zoning by the Fire Chief.
(2) The City of Bedford Fire Department may place restrictions on said variance in addition to the conditions set forth below as it may deem appropriate; however, the Fire Chief or his designated employee shall not grant a variance for burning that would otherwise violate the provisions of the 326 I.A.C. 4-1 et seq., as amended, and I.C. 13-17-9.
(C) Conditions on exemptions and variances. The following conditions apply to all exemptions and variances:
(1) Burning shall be done during safe weather conditions. Burning shall not occur during high winds, temperature inversions, air stagnation, or when a pollution alert or ozone action day has been declared.
(2) Fires must be attended at all times until completely extinguished.
(3) Fires must be extinguished if they create a fire hazard, nuisance, pollution problem, or threat to public health as determined by enforcing agency.
(4) The property owner shall have firefighting equipment adequate for the size of the fire on-site and nearby during times of burning.
(5) Burning shall not be for disposal of garbage, refuse (unless it complies with division (A)(2)(e)1. or trash as defined in § 94.01 of the Bedford City Code).
(6) All burning shall comply with other federal, state, and local laws, rules and ordinances.
(Ord. 12-2010, passed 8-10-10; Am. Ord. 2-2021, passed 2-16-21) Penalty, see § 101.99