Exceptions to § 91.02 above shall include only the following:
(A) Outdoor fire pits, fireplaces and chimneys shall be allowed for open campfires when such fire is not composed, in whole or substantial part, of leaves or yard waste, and the location of such fire, and the items necessary for its containment, and provided that the emission of smoke and fumes do not irritate, annoy or constitute a nuisance to others. Such fires shall be conducted in accordance with the North Carolina Fire Prevention Code, be contained in a fire pit, or other similar structure, meeting the requirements of pile and/or stack, and confined within an enclosure from which burning material may not escape. Fuels for such fires must be naturally cut wood, charcoal, propane, or natural gas; no construction materials or building materials shall be permitted.
(B) Training fires set for the purpose of instruction and training of firefighters, public, and industrial employees in the methods of firefighting. Prior to commencement of open burning, the Fire Department shall be notified. All open burning for this purpose shall meet the requirements of all state regulations. If this training involves the burning of a structure for training, care should be exercised to ensure a distance of a minimum of 100 feet to the nearest occupied structure, to prevent the spread of fire and minimize the hazard to adjacent exposures. In addition, adequate provisions shall be made to provide protection to any and all exposures.
(C) (1) Bonfires, public or private, shall require a permit and are subject to approval of the Fire Department. Approval will be granted on the sole discretion of the Fire Department based upon:
(a) The proximity of the proposed fire to dwellings, trees, woods and other structures.
(b) Facilities available for fire management.
(c) Atmospheric conditions. During period of hazardous forest fire conditions or air pollution episodes.
(d) Type of material to be burnt must be naturally cut woody vegetation, three inches in diameter or smaller; no construction materials or building materials.
(e) The bonfire shall be no more than five feet by five feet by five feet in dimension and shall burn no longer than three hours.
(f) Any other consideration judged by the Fire Department to be required to ensure safe burning.
(g) Such fires shall be maintained in accordance with the North Carolina Fire Prevention Code.
(2) Failure to maintain bonfires in accordance with this section shall constitute fire extinguishment and revocation of the permit.
(D) On the sole discretion of the Fire Department when there exists an extreme or emergency circumstance which lacks any other reasonable means of disposing of items which need to be disposed of, and not addressed in this section, the Fire Department may issue a permit to burn. These fires shall be limited to the disposal of material generated during a natural disaster, such as a tornado, hurricane or flood.
(E) The Fire Chief may approve open burning for the purpose of land clearing on large undeveloped tracts of land in circumstances where it is impractical for the debris to be hauled from the site. This provision shall be limited to areas in the corporate limits of the town that are significantly rural, or undeveloped; and where it is determined that such activity will not endanger life, property, or pose an undue nuisance. Before burning begins, a permit shall be obtained from the Fire Chief upon presenting a valid open burning permit issued by the North Carolina Forest Service. The open burning shall be limited in scope to land clearing and debris removal. State open burning rules and regulations shall be followed.
(F) The Fire Chief may approve open burning where removal of debris is a burden on the landowner due to steep terrain or circumstance that makes it impracticable to carry to the curb. This provision shall be limited to areas where it is determined that such activity will not endanger life, property, or pose undue nuisance. Before burning begins, a permit shall be obtained from the Fire Chief upon presenting a valid open burning permit issued by the North Carolina Forest Service. Burning will be limited to naturally-cut woody vegetation, wood, three inches in diameter or smaller. Piles shall be no more than five feet by eight feet by up to five feet in dimension. State open burning rules and regulations shall be followed.
(Ord. 22.16, passed 12-19-2022)