(A) Responsibility.
(1) The permit holder is responsible for compliance and implementation of all general conditions and special conditions as established in the permit issued.
(2) A person lighting or responsible for the lighting of an agricultural fire shall also carry out the duties and responsibilities of an open burn permit holder as per this section and shall be subject to the same costs and penalties.
(3) After completing the burning permit online service application, the permit holder will be able to save an electronic copy and will be asked to print the permit. The printed permit must be present while conducting the burn.
(B) Safeguard.
(1) Open burning shall not be conducted within 100 feet of any structure.
(2) Open burning, excluding recreational fires and running fires, shall not be conducted within 50 feet of a stream, river, lake, or other water body.
(3) An open burn shall not be allowed to smolder with no flame present.
(C) Notification. The permit holder cannot conduct the burn until they have requested activation as instructed on the permit. The permit holder may activate on-line during the application process, or by calling the DNR burn activation line. Activation will only be possible if burning conditions are favorable to allow open burning; the permit holder will receive an activation code that they must write on their permit in the space provided.
(D) Attendance.
(1) Every open burn event shall be constantly attended by the permit holder or his or her competent representative.
(2) The open burn fire shall be completely extinguished before the permit holder or his or her representative leaves the site.
(E) Inspections.
(1) It is the responsibility of the permit holder to have a valid permit, on site and, available for inspection by the Department, DLA, DNR, or Law Enforcement.
(2) The permit holder shall allow the Department, DLA, DNR or Law Enforcement access on site for inspection prior to burning, while conducting the burn, as well as after the burn as referenced in division (E).
(F) Costs and penalties.
(1) The permit holder shall be responsible for all costs incurred as a result of the burn, including, but not limited to, fire suppression, tickets, citations and permit fees.
(2) Any person who violates any provisions of this subchapter, in addition to any penalties herein prescribed, shall also be liable in full damages to any and every person suffering loss or injury by reason of the violation, including liability to the county, cities, townships, and fire suppression and medical response teams, for all expenses incurred in fighting or preventing the spread of, or extinguishing any fire caused by, or resulting from, any violation of this subchapter. When a fire set by any person spreads to and damages or destroys property belonging to another, the setting of the fire shall be prima facie evidence of negligence in setting and allowing the same to spread.
(Ord. 5B, passed 6-26-01; Am. Ord. 73-2012, passed 3-20-12)