(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIRE OFFICIAL. The Fire Marshal of the City of Canton or the Fire Marshal's designee.
OPEN BURNING. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. OPEN BURNING does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires.
PERSON or INDIVIDUAL. Any individual, firm, association, partnership, joint venture, or corporation.
RECREATIONAL FIRE. An outdoor fire burning materials other than rubbish where the fuel being burned is contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
(B) Guidelines.
(1) (a) General. No person shall kindle or maintain any type of outdoor burning, or authorize any such fire to be kindled or maintained, without first obtaining a permit from the Fire Official or his or her representative as required in § 105.6 of the 2003 International Fire Code.
(b) Exception. Recreational fires do not require a permit. Recreational fires must be properly conducted and constantly attended.
(2) Open burning that does not meet local, state or federal regulations and emission standards will not be allowed in the City of Canton. Open burning that causes hazardous fires or offensive or objectionable smoke or odor emissions shall be prohibited.
(3) The Fire Official is authorized to order the extinguishment by the permit holder or the Fire Department of any open burning which creates or adds to a hazardous situation.
(C) Authorization.
(1) A non-refundable permit fee in the amount of $10 for domestic burning and $200 for commercial burning will be charged for authorized burning for land clearing, bon fires or fires to control pests or disease. Burn permits are good for five straight days. The Fire Official may grant one extension.
(2) All persons who obtain permits for authorized fires shall contact the Fire Department for a site inspection to ensure the following:
(a) 1. General. The location for the open burning shall not be less than 50 feet from any structure and provision shall be made to prevent the fire from spreading to within 50 feet of any structure.
2. Exceptions.
a. Fires in approved containers that are not less than 15 feet from a structure; and
b. The minimum required distance from a structure shall be 25 feet where the pile size is three or less in diameter and two feet or less in height.
(b) The fire must be attended at all times until the fire is extinguished and the ashes are cooled or covered.
(c) Wind speeds must be maintained from six mph to 20 mph and atmospheric and humidity levels (above 50% humidity) must be met.
(d) On-site provisions must be met to keep the fire from spreading. A minimum 4-A rating fire extinguisher, or other approved fire extinguishing equipment such as a water hose, earth moving equipment, dirt, sand or water barrel shall be on site and available for immediate use.
(e) The burn may not include any asbestos, plastics or petroleum products (tires, rubber, etc.) or miscellaneous hazardous materials as defined by the TCEQ as now written or as hereafter amended. Domestic waste (household trash and rubbish) may not be burned. Burning is limited to waste plant growth which may be burned on the property on which the material grew. WASTE PLANT GROWTH may be grass, leaves, branch trimmings or other plant growth.
(f) Burning may only be conducted from dawn to dusk.
(g) Burn permits must remain available on site for the duration of the burn.
(D) Penalty.
(1) Any individual who violates any condition of the above provisions is in violation of this section and shall have their permit revoked immediately and be subject to penalties under the law.
(2) Any person, fire or corporation found guilty of violating any of the provisions of this section shall be subject to a fine not to exceed $200, together with the costs of the prosecution.
(3) Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately.
(4) Permit holders assume full liability for the fire. Violators shall also be subject and liable for any damages resulting from failure to follow requirement of the burn permit.
(E) Effective date. This section shall become effective immediately upon its passage, approval and publication as provided by law.
(Ord. 2008-11, passed 6-30-2008)