(a) Definitions And Restrictions. As used in this section
(1) "Allowable burning." Recreational fires shall be allowed without prior notification to the code official for recreational fires, highway safety flares, smudge pots and similar occupational uses typically considered open flames or recreational fires.
(2) "Attendance." Open burning, bonfires or recreational bonfires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with O.A.C. 1301:7-7-09(F)(906) with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
(3) "Authorization." Where required by State or local law or regulations, open burning shall only be permitted with prior approval from the State or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
(4) A. "Bonfire." An outdoor fire utilized for ceremonial purposes.
B. A bonfire shall not be conducted within 50 feet (15,240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet (15,240 mm) of a structure shall be eliminated prior to ignition.
(5) "Permit required." A permit shall be obtained from the Fire Code Official in accordance with O.A.C. 1301:7-7-01 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
(6) "Prohibited open burning." Open burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous, shall be prohibited. The Fire Code Official is authorized to order the extinguishment by the permit holder or the Fire Department of open burning which creates or adds to a hazardous or objectionable situation.
(7) A. "Recreational fire." An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
B. Recreational fires shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition.
(b) A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
(c) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2007-7. Passed 2-20-07.)