Unless otherwise prohibited by any other applicable laws, or in the event of any circumstances in which the Fire/EMS Chief has reason to believe that any proposed open burning may be hazardous to the person or property of others, written open burning permits shall be issued by the Fire/EMS Chief, within a reasonable time after the receipt thereby of a written application, on a form provided by the City Fire/EMS Department, which shall be signed by the applicant, or an authorized representative thereof, who shall attest to the truth of the statements therein, with knowledge that any false statements therein constitute perjury, for which the signator may be prosecuted and punished according to criminal law, and which shall include, without limitation:
(A) A description of the materials to be burned in the proposed open burning, with only paper, cardboard, untreated lumber, trees, brush and other similar items included therein, and with the exclusion therefrom of:
(1) Shingles, tar paper and or roofing materials of any kind;
(2) Any treated lumber, press board or plywood;
(3) Cellotex, insulation panels, fiberglass insulation and any other materials of this type;
(4) Any PVC piping, plastic piping or trim, or any plastic of any kind;
(5) Any styrofoam or derivatives thereof;
(6) Any insulated wiring of any kind;
(7) Leaf piles;
(8) Residential, commercial and industrial trash, garbage and other solid waste material; and
(9) Any other material that the City Fire/EMS Chief has reason to believe that the burning thereof will be hazardous to the person or property of others.
(B) An identification of the property upon which the proposed open burning is to occur, by either street address, or the distance and direction thereof from the nearest public street;
(C) A description of the location of the proposed open burning upon the property where it is to occur, with the distance thereof from the nearest structure indicated thereon, which shall be no less than 50 feet from an open burning proposed on developed land, and no less than 300 feet from an open burning proposed on undeveloped land;
(D) A description of the period of time in which the proposed open burning shall occur, which shall be limited to daylight hours, unless otherwise authorized by the Fire/EMS Chief;
(E) A description of the method of burning materials in the proposed open burning, which shall include:
(1) The fuel to be used, which must exclude flammable liquids like gasoline, and minimize the generation and emission of air contaminants from the burning process; and
(2) The size of the fire involved in the proposed open burning, which shall be limited to:
(a) Three feet high and three feet in diameter for open burning on developed land; and
(b) Fifteen feet high and 30 feet in diameter for open burning on undeveloped land.
(3) All methods of burning acceleration, which must include the use of fans or blowers for open burning on undeveloped land, which are of such a size and capacity that will maximize clean burning and minimize emissions therefrom, in the opinion of the Fire/EMS Chief.
(F) A description of the safety methods to be employed in the proposed open burning, to prevent the spread of fire therefrom across property lines, which shall include, without limitation:
(1) The continued attendance at the proposed open burning of a competent human being, no less than 18 years of age, throughout the duration thereof;
(2) A water hose connected to an operable public water supply, that is usable for the entire open burning area, unless an alternate fire protection plan has been approved by the Erlanger Fire/EMS Chief; and
(3) All of the following, throughout the duration of any open burning on undeveloped land:
(a) One piece of earth moving equipment, with the capacity to extinguish the open burning fire by covering it with dirt; and a qualified operator thereof; and
(b) A radio or telephone by which the Fire/EMS Chief may have immediate communication with the fire attendant, from the offices of the Fire/EMS Chief.
(G) A policy or certificate of insurance through which the applicant is insured against liability from any occurrence related to the proposed open burning.
(1996 Code, § 92.82) (Ord. 2086, passed 12-17-1996)