§ 103.04  EXEMPTIONS.
   The following open burning of combustible materials and yard wastes shall be permitted:
   (A)   Recreational fires shall not be conducted within 25 feet of a structure or combustible material and conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.  Clearance from structures and other combustible material may be reduced to 15 feet when the recreational fire is contained in a commercial outdoor fire unit such as a Chiminea and used in conjunction with a non-combustible base and fire screen, or to a distance as established by commercial manufacturers' minimum clearance recommendations.  The manufacturer’s safe operating recommendations shall be available to the Clinton Police Department, Clinton Fire Department, Building and Neighborhood Services and Clinton Public Works in the event minimum clearances are in question. Fuel shall be limited to clean dry untreated lumber, dry seasoned logs, or charcoal.  The times for allowable recreational burning shall be established as from 10:00 a.m. to 2:00 a.m.
   (B)   Religious or ceremonial fires shall be allowed only after the Fire Department is notified and a permit is obtained.  Fuel shall be limited to clean dry untreated lumber, dry seasoned logs, or charcoal.  The size and location of these fires may be modified with the approval of the Fire Chief or his or her designee.  The time period of the religious or ceremonial fire shall be approved by the Fire Chief or his or her designee and shall be clearly stated on the permit.
   (C)   Outdoor cooking fires shall be allowed.  Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within ten feet of combustible construction, unless the building, balconies and decks are protected by an automatic sprinkler system or the dwelling is a one- or two-family dwelling.  In all cases outdoor cooking fires shall be conducted within safe distances from buildings, structures and combustible materials and per the manufacturer’s minimum clearance recommendations.  The manufacturer’s safe operating recommendations shall be available to the Clinton Police Department, Clinton Fire Department, Building and Neighborhood Services and Clinton Public Works in the event minimum clearances are determined to be unsafe. Fuel shall be limited to clean dry untreated lumber, dry seasoned wood, propane, natural gas or charcoal.  No permit shall be required for outdoor cooking fires.
   (D)   Training fires shall be allowed only after the Clinton Fire Department is notified and a permit is obtained.  Structure fires set for the purpose of bona fide training by Fire Department personnel in firefighting methods must comply with all applicable sections of the Iowa Administrative Code Chapter 23 Emissions Standards For Contaminants-Open Burning.  All asphalt roofing and asbestos containing materials shall be removed prior to the training fire.  The time period for the training fire shall be approved by the Fire Chief or his or her designee and shall be clearly stated in the permit.
   (E)   The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.  Burning of any structures or demolished structures shall be conducted in accordance with 40 CFR Section 61.145 as amended through January 16, 1991, which is the “Standard for Demolition and Renovation” of the asbestos National Emission Standard for Hazardous Air Pollutants.  The time period for the disaster rubbish fire shall be approved by the Fire Chief or his or her designee.
   (F)   Residential waste fires and/or open burning shall only be allowed at dwellings of four-family units or less and shall only be permitted on Tuesday, Thursday, and Saturday between 10:00 a.m. and 5:00 p.m., April 1 through May 15 and October 1 through November 15 .  The April 1 through May 15 and October 1 through November 15 restriction dates are stricken until the City of Clinton establishes automated landscape waste removal.  The Fire Chief, with approval of the City Administrator, may alter burn dates in the event of an early and/or late spring and/or fall season.  In the event that the City of Clinton establishes an automated collection system for the collection of landscape waste, this division (F) shall automatically be repealed and eliminated.  Council shall memorialize said date of repeal by resolution.  The repeal of this division shall not apply to agricultural zoned land or to lots of one acre or more in size.
   (G)   Prescription burns of native grasses shall be allowed only after the Clinton Fire Department is notified and a permit obtained.  The time period for the prescription burn shall be approved by the Fire Chief or his or her designee and shall be clearly stated on the permit.  Prior to commencement of prescription burn, the property owner shall notify the proper authorities and neighboring property owners to ensure that they are aware of the prescription burn of native grasses.
   (H)   Open burning or flaring of waste gases shall be allowed provided such open burning or flaring is conducted in compliance with the applicable provisions of the Iowa Administrative Code.
   (I)   Open burning of paper or plastic pesticide containers and seed corn bags resulting from farming activities occurring on the premises may be burned when the burn is conducted a minimum of 500 linear feet from the nearest property line in accordance with the applicable provisions of the Iowa Administrative Code.
   (J)   Variances from rules. Any person wishing to conduct open burning of materials not exempted, of a burn pile of a dimension larger than three feet in diameter and two feet in height or time of burning shall make written application delivered to the City Administrator for variance to allow burning of materials.  Variance may be granted by the City Administrator only upon a finding of special or emergency circumstances.  If variance is granted, a permit shall be issued specifying the time and manner in which the burning shall be allowed.
(Ord. 2429, passed 10-26-2010)