§ 97.04 VARIANCES.
   Other types of fires may be approved as follows:
   (A)   Any other type of fire whereby a citizen of the county has obtained a variance from the provisions of this chapter by petitioning the Board of Commissioners may be allowed. However, the Board of Commissioners cannot grant a variance for burning that would otherwise violate the provisions of the 326 I.A.C. 4-1 et seq. as amended and I.C.13-17-9. The following types of fires may be allowed if approved by the Indiana Department of Environmental Management:
      (1)   Fire fighter training;
      (2)   Fire extinguisher training;
      (3)   Vegetation propagation;
      (4)   Use of an air curtain destructor; or
      (5)   Please refer to Attachment A of Ord. 2023-16 for an expanded version of variance situations based on 326 I.A.C. 4-1-3(c)(3-8) and 326 I.A.C. 4-1-4.
   (B)   The following conditions apply to all exemptions and variances:
      (1)   Burning shall be done during safe weather conditions. Burning shall not occur, during high winds, temperature inversions, air stagnation, or when a pollution alert or ozone action day has been declared.
      (2)   Fires must be attended at all times until completely extinguished.
      (3)   Fires must be extinguished if they create a fire hazard, nuisance, pollution problem, or threat to public health.
      (4)   Fire fighting equipment adequate for the size of the fire shall be on-site and nearby during times of burning.
      (5)   Burning shall not be for disposal purposes.
      (6)   All burning shall comply with other federal, state, and local laws, rules, and ordinances.
(Ord. 2023-16, passed 12-4-2023)