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(A) No person or property owner shall cause or allow open burning in a restricted area except as provided in divisions (B) to (D) of this section or in R.C. § 3704.11.
(B) (1) Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:
(a) Cooking for human consumption providing the source is clean, seasoned wood and total fuel area is no larger than three feet wide and two feet high; or
(b) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
(2) Fires allowed by divisions (B)(1)(a) and (B)(1)(b) of this section shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.
(C) Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA in accordance with § 93.53(B):
(1) Prevention or control of disease or pests, with written or verbal verification to the Ohio EPA from the local health department, cooperative extension service, Ohio Department of Agriculture, or United States Department of Agriculture, that open burning is the only appropriate disposal method;
(2) Ceremonial fires provided the following conditions are met:
(a) The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours;
(b) The ceremonial fires shall not be used for waste disposal purposes; and
(c) The fuel shall be chosen so as to minimize the generation and emission of air contaminants; and
(3) Disposal of agricultural waste generated on the premises if the following conditions are observed:
(a) The fire is set only when atmospheric conditions will readily dissipate contaminants;
(b) The fire does not create a visibility hazard on the roadways, railroad tracks, or air fields;
(c) The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on the premises;
(d) The wastes are stacked and dried to provide the best practicable condition for efficient burning; and
(e) No materials are burned which contain rubber, grease, asphalt or liquid petroleum products.
(D) Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA, in accordance with § 93.53(A), provided that any conditions specified in the permission are followed:
(1) Disposal of ignitable or explosive materials where the Ohio EPA determines that there is no practical alternate method of disposal;
(2) Instruction in methods of fire fighting or for research in the control of fires;
(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA; and
(4) Recognized horticultural, silvicultural, range, or wildlife management practices; and
(5) Fires and/or pyrotechnic effects, for purposes other than waste disposal, set as part of commercial film-making or video production activities for motion pictures and television.
(O.A.C. § 3745-19-03) (1980 Code, § 93.52) (Am. Ord. 7614, passed 11-20-2006)
(A) Permission.
(1) An application for permission to open burn shall be submitted in writing to Ohio EPA. The applicant shall allow Ohio EPA at least ten working days to review the permit. Applicant may proceed with burn upon receipt of written permission from Ohio EPA. Saturday, Sunday, and legal holidays shall not be considered working days. The application shall be in such form and contain such information as required by the Ohio EPA.
(2) Except as provided in division (A)(6) of this section, such applications shall contain, as a minimum, information regarding:
(a) The purpose of the proposed burning;
(b)
The quantity or acreage and the nature of the materials to be burned;
(c) The date or dates when such burning will take place;
(d) The location of the burning site, including a map showing distances to residences, populated areas, roadways, air fields, and other pertinent landmarks; and
(e) The methods or actions which will be taken to reduce the emissions of air contaminants.
(3)
Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the Ohio EPA that open burning is necessary to the public interest; will be conducted in a time, place, and manner as to minimize the emission of air contaminants, when atmospheric conditions are appropriate; and will have no serious detrimental effect upon adjacent properties or the occupants thereof. The Ohio EPA may impose such conditions as may be necessary to accomplish the purpose of O.A.C. Chapter 3745-19.
(4) Except as provided in division (A)(6) of this section, permission to open burn must be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by delay while written permission is sought, the fire may be set with oral permission of the Ohio EPA.
(5) Violations of any of the conditions set forth by the Ohio EPA in granting permission to open burn shall be grounds for revocation of such permission and refusal to grant future permission, as well as for the imposition of other sanctions provided by law.
(6) The Ohio Department of Commerce, Division of State Fire Marshal, may request permission to open burn on an annual basis for the purpose of training firefighters on pre-flashover conditions using the Ohio Fire Academy’s mobile training laboratory at either the Academy or at other training sites in Ohio. The annual application required pursuant to division (A)(1) of this section shall contain information as required in division (A)(2) of this section, except the information required in divisions (A)(2)(c) and (A)(2)(d) of this section need not be provided unless it is available at the time of submittal of the application. The Academy shall contact the appropriate Ohio EPA district office or local air agency at least five days before each training session of the date or dates when the training session will take place and its location.
(B) Notification.
(1) Notification shall be submitted in writing at least 10 days before the fire is to be set. It shall be in such form and contain such information as shall be required by the Ohio EPA.
(2) Such notification shall inform the Ohio EPA regarding:
(a) The purpose of the proposed burning;
(b) The nature and quantities of materials to be burned;
(c) The date or dates when such burning will take place; and
(d) The location of the burning site.
(3) The Ohio EPA, after receiving notification, may determine that the open burning is not allowed under O.A.C. Chapter 3745-19 and the Ohio EPA shall notify the applicant to this effect.
(O.A.C. § 3745-19-05) (1980 Code, § 93.53)
(A) Any person who violates any of the provisions of the Ohio Fire Code adopted by § 93.01 or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each such violation or noncompliance be guilty of a misdemeanor, punishable by a fine of not less than $500 for each offense. Each and every day during which prohibited conditions are maintained shall constitute a separate offense. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. The application of such penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. 4155, passed 10-5-1981)
(C) Any person who violates § 93.06 of this code shall be guilty of a minor misdemeanor. If the offender has been previously convicted of violating this section, he or she shall be guilty of a misdemeanor of the fourth degree.
(D) Any person who violates any provision of § 93.14 of this code by parking in a restricted fire lane shall be fined not more than $100 for each offense.
(E) Any person who violates divisions (C) or (D) of § 93.25 of this code shall be guilty of a misdemeanor of the third degree.
(1980 Code, § 93.99) (Am. Ord. 7970, passed 2-16-2010; Am. Ord. 8002, passed 4-19-2010)