(A) All open burning is prohibited within the city unless otherwise allowed as an exception in this section. OPEN BURNING means the burning of any matter without a burn chamber approved by the state’s Division for Air Quality, or without a stack or chimney with control devices approved by the state’s Division for Air Quality.
(1) (a) Prescribed burns are an exception. PRESCRIBED BURN means the burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels. A PRESCRIPTION means a written plan establishing the criteria necessary for starting, controlling and extinguishing a burn.
(b) Prescribed burns set for recognized agricultural, silvicultural, range, ecological and wildlife habitat management practices are allowed only if conducted in accordance with Part 515 of the Federal Natural Resources and Environmental Protection Act, administered by the city’s Department of Natural Resources, and written notification of the prescribed burn is given 72 hours in advance to the local Division of Forestry District office. First, approval of the local Division of Forestry District Office must be obtained; and, secondly, approval of the city’s Fire Department shall also be obtained.
(2) (a) Campfires are an exception. CAMPFIRE means a small fire for cooking, recreational or ceremonial purposes. Campfires are only allowed in the city if conducted in accordance with this section.
(b) Campfires shall burn only clean seasoned firewood; the fire shall be surrounded with a fire ring of rocks, stones, bricks or other non-flammable objects that protrude at least six inches above the undisturbed ground level (not allowed in burn barrels); the fire ring shall be no larger than 36 inches wide and the fire shall be no more than 24 inches high; the fire shall be at least 25 feet from any structure or other combustible materials on same property as the fire, at least 35 feet from any structure or other combustible materials not on same property as the fire, and at least 25 feet from public pedestrian and roadways; the fire shall be attended at all times by a competent person of at least 16 years of age until the fire is extinguished and is cold; excessive or unusual emanations shall not be created; a garden hose attached to a water supply or other approved fire extinguishing device shall be readily available at the location. Note: EXCESSIVE AND UNUSUAL EMANATIONS includes the emanation of smoke or fumes or soot or cinders, or odors that annoy, injure or endanger the comfort, repose, health or safety of others.
(3) Burnings conducted in conjunction with training for public, private and industrial firefighters are an exception if conducted in accordance with the state’s 401 K.A.R. 63:005, § 6.
(B) Outdoor burning is only allowed in the city if conducted in accordance with this section. OUTDOOR BURNING means the burning of clean seasoned firewood in a burn chamber approved by the state’s Division for Air Quality, in a burn chamber with a stack or chimney with control devices approved by the state’s Division for Air Quality, or in a patio wood-burning unit for outdoor cooking, heating, recreational or ceremonial purposes. PATIO WOOD- BURNING UNIT means a chiminea, patio warmer, fire pit or other portable wood-burning device used for outdoor recreation and/or heating. In this section, FIRE PIT means a device commercially designed and intended to contain and control small outdoor wood fires that are free standing and portable.
(1) Outdoor burning shall maintain a clearance of at least 15 feet from structures or other combustible materials on the same property as the fire, and at least 25 feet from structures or other combustible materials which are not on the same property as the fire; shall not occur on or beneath decks or balconies, or in an enclosed porch, gazebo or similar enclosed space; shall be attended at all times by a competent person of at least 16 years of age until the fire is extinguished and is cold; shall burn only clean seasoned firewood, and the burn chamber shall not be overloaded; excessive or unusual emanations shall not be created; a garden hose attached to a water supply or other approved fire extinguishing device shall be readily available; the fire shall be no larger than 18 inches wide by 12 inches high.
(2) Outdoor burning includes small fires set by construction and other workers for comfort heating purposes if conducted in accordance with this section and if: the ambient temperature is below 50°F; only clean lumber or seasoned firewood is burned; and, the fire is burned in a container not exceeding 55 gallons in size.
(3) This section does not cover coal, or propane or natural gas-fired appliances that are manufactured for outdoor cooking or grilling of food, and does not cover propane or natural gas fired appliances that are manufactured for outdoor heating or ambience. Installation and location of these appliances shall follow the manufacturer’s guidelines.
(C) The city’s firefighters, and police officers are authorized to require any fire to be immediately discontinued if the fire is determined to constitute a hazardous condition.
(1984 Code, § 91.02) (Ord. O-26-82, passed 4-13-1982; Ord. O-27-10, passed 8-17-2010) Penalty, see § 91.99