(A) Except as otherwise permitted by this section, all open burning is prohibited in the City of Brooklyn Park. The Fire Chief or the Fire Chief's designee is authorized to issue burning permits, and is granted the authority to place conditions upon applicants requesting a burning permit. Items that will require a burning permit are:
(1) Fires purposely set under the supervision of the City Fire Department for the instruction and training of firefighting personnel.
(2) Fires set for the elimination of a fire hazard which cannot be abated by any other practical means.
(3) Fires purposely set for forest and game management purposes.
(4) The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of street, road and highway right-of-way, and in accepted agricultural land management practices, located within the City of Brooklyn Park.
(5) Fires for which the Fire Chief has deemed necessary.
(B) Permits are required to conduct open burning. The permit application shall include a diagram of the grounds on which the burning is to be conducted showing the point at which the material to be burned is located; the location of buildings, highways and other lines of communication; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. The Fire Chief shall make an investigation to determine whether the proposed burning location meets the minimum requirements of the code and these ordinances. At the time of permit application, the Fire Chief or the Fire Chief's designee shall be consulted regarding requirements for standby fire apparatus. A permit shall be issued only after the Fire Chief or the Fire Chief's designee has given approval for the open burning and the applicant has paid the permit fee in accordance with the fee schedule adopted by the City Council in the amount provided by the fee resolution, set forth in the Appendix to this code. After the permit has been issued, it shall be lawful for that purpose and time period only. No permit so granted shall be transferable.
(C) Open burning material restrictions.
(1) No person shall conduct, cause or permit open burning of oils, petro fuels, rubber, plastics, paper, chemically treated materials or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, asbestos material, paint or paint filters.
(2) No person shall conduct, cause or permit open burning of hazardous waste or salvage operations, solid waste generated from an industrial or manufacturing process or from a service or commercial establishment, or building material generated from demolition of commercial or industrial structures, or discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food.
(D) Time and atmospheric restrictions. Open burning shall only be performed when time limits comply with the time limits set forth in the open burning permit. The prevailing wind at the time of burning and expected burning duration shall not exceed ten mph, and must not blow towards nearby residences, or other occupied buildings, roads or high power lines which would create a hazard or nuisance.
(E) Location.
(1) Open burning shall not be conducted within 600 feet (182,880 mm) of any road, high power line, or any occupied structure; other than those occupied structure(s) located on the property on which the open burning is to be conducted. Open burning shall not be conducted within one mile (1.609 km) of an airport or landing strip unless the affected airport or landing strip gives written approval. Open burning shall not be conducted within 50 feet (15,240 mm) of any other combustible material.
(2) All combustible materials within 50 feet (15,240 mm) of the open burn site shall be eliminated prior to ignition.
(F) Fire-extinguishing equipment. Appropriate fire-extinguishing equipment (as required by the Fire Chief or the Fire Chief's designee) shall be readily available for use at open-burning sites.
(G) Attendance. Burning material shall be constantly attended by a person knowledgeable in the use of the fire-extinguishing equipment required in Section 307.1.6 of the Minnesota State Fire Code, have a copy of the burn permit at the burn site at all times, and be familiar with the permit limitations which restrict open burning. The open burn fire shall be completely extinguished before the permit holder or permit holder's representative leaves the site.
(H) Permit holder responsibility. The permit holder is responsible for compliance and implementation of all general conditions, and special conditions as established in the permit issued. The permit holder shall be responsible for all costs incurred as a result of the burn including, but not limited to, fire suppression and administrative fees.
(Ord. 2017-1219, passed 8-28-17; Am. Ord. 2020-1255, passed 6-22-20)