Open burning is prohibited, except as provided below:
(A) Open burning of leaves, tree branches or yard trimmings originating on the premises of private residences or dwellings of four families or less, and burned on those premises;
(B) Open burning in connection with the preparation of food for immediate consumption;
(C) Campfires and fires used solely for recreational purposes or for ceremonial occasions;
(D) Fires purposely set to forest lands for specific management practices in accordance with guidelines acceptable to the Department. The practices shall include:
(1) Prescribed burning under existing standards for various management objectives; and
(2) Site preparation burning for purposes of clearing an area for regeneration.
(E) Fires purposely set for agricultural control of diseases, weeds, pests and for other specific agricultural purposes in accordance with practices acceptable to the Department of Health and Environmental Control;
(F) Open burning of trees, brush, grass and other vegetable matter for game management purposes in accordance with practices acceptable to the Department of Health and Environmental Control;
(G) Open burning in other than predominantly residential areas for the purpose of land clearing or right-of-way maintenance. This will be exempt only if the following conditions are met:
(1) Prevailing winds at the time of the burning are away from any city or town, the ambient air of which may be significantly affected by smoke from the burning;
(2) The location of the burning is at least 1,000 feet from all residential, commercial and industrial facilities other than a dwelling or structure located on the property on which the burning is conducted;
(3) The amount of dirt on the material being burned is minimized;
(4) Heavy oils, asphaltic materials, items containing natural or synthetic rubber or any materials other than plant growth which produce smoke in excess of 40% opacity are not a part of the material burned;
(5) The initial burning may be commenced only between the hours of 9:00 a.m. and 3:00 p.m.; no combustible material is added to the fire between 3:00 p.m. of one day and 9:00 a.m. the following day;
(6) No more than one pile 60 feet by 60 feet, or equivalent, will be burned within a six-acre area at one time; and
(7) In the case of land clearing, all salvageable timber and pulpwood must be removed.
(H) Fires set for the purposes of training public firefighting personnel when authorized by the appropriate governmental entity and fires set by a private industry as a part of an organized program of drills for the training of firefighting personnel. These will be exempt only if the drills are solely for the purpose of firefighting training and the duration of the burning held to the minimum required for those purposes;
(I) Open burning of rubbish and garbage on the premises of and originating from private residences or dwellings of four families or less where services for the disposal of the materials are not available; and open burning on the property where it occurs of trade waste from building and construction operations will be exempt only if the following conditions are met:
(1) The location of the burning is at least 500 feet from any dwelling located in a predominantly residential area other than a dwelling or structure located on the property on which the burning is conducted;
(2) Heavy oils, asphaltic materials, items containing natural or synthetic rubber or any other trade waste which produces amounts of smoke in excess of 40% opacity are not burned; and
(3) The initial burning is commenced only between the hours of 9:00 a.m. and 3:00 p.m.; no additional fuel shall be added before 9:00 a.m. of the following day.
(J) Open burning, in remote or specified areas:
(1) Of trade waste as constitutes rubbish, as defined in this section; provided, smoke in excess of 40% opacity is not emitted except for a reasonable period to get the fire started, and the burning is conducted in accordance with division (G) above. The burning must be of a nonrecurring nature;
(2) Of highly explosive or other dangerous material for which there is no other feasible method of disposal;
(3) For nonrecurring unusual circumstances; and
(4) For experimental burning for purposes of data gathering and research. However, a written permit for these types of burning (in this division (J)) must be obtained in advance from the Department.
(K) As to the burning permit in division (J) above, a written permit must be obtained from the Department of Health and Environmental Control prior to this burning.
(Prior Code, § 8.24.010) (Ord. 96-03, passed - -)
Statutory reference:
Similar provisions, see State Code of Laws Volume 24-A, Regulations of State Department of Health and Environmental Control, R61-62.2; 1984 amendment; as further amended by the town (7-29-1986)