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(a) No person shall cause or allow open burning in the Municipality except as provided in this section or the Ohio Fire Code.
(b) Allowable Burning. Open burning shall be allowed for the following purposes without prior notification to or permission from the Ohio Environmental Protection Agency or the Fire Department:
(1) Recreational fires in commercially manufactured controlled burning devices.
(2) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
(3) Small fires in commercially manufactured controlled burning devices.
Fires allowed by this subsection shall not be used for waste disposal purposes and shall be of a minimum size sufficient for their intended purpose. The fuel shall be chosen to minimize the generation and emission of air contaminants.
(c) Approval Required. Open burning shall be allowed for the following purposes with prior approval from the Ohio Environmental Protection Agency or the Fire Department:
(1) Bonfires (ceremonial fires):
A. Bonfires shall be less than five feet by five feet in dimension and shall burn no longer than three hours.
B. Fuel for bonfires shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper.
C. All permits shall be requested by and issued to the owner of the land upon which the bonfire is to be kindled.
(2) Providing heat for warmth of outdoor workers and strikers.
(d) Open burning shall be permitted with prior notification to the Fire Department and upon receipt of written permission from the Ohio Environmental Protection Agency (EPA) authority, provided that any conditions specified in the permission are followed for:
(1) Disposal of hazardous or toxic materials where the Ohio Environmental Protection Agency determines that there is no practical alternative method of disposal;
(2) Instruction in methods of fire fighting or for research in the control of fires, in emergency or other extraordinary circumstances for any purpose determined to be necessary by the EPA;
(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio Environmental Protection Agency or the Fire Department;
(4) Recognized horticultural, silvicultural, range or wildlife management practices;
(5) Disposal of landscape waste except residential and agricultural waste; or
(6) Recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production.
(e) Location. The location for any open burning shall not be less than fifty feet from any structure, and provisions shall be made to prevent the fire from spreading to within fifty feet of any structure. Fires in approved containers shall be permitted, provided that such fires are not less than fifteen feet from any structure.
(f) Materials. Open burning shall not be utilized for waste disposal purposes, shall be of the minimum size for the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
(g) Attendance. Any open burning shall be constantly attended until the fire is extinguished. At least one portable fire extinguisher with a minimum 4-A rating, two portable extinguishers with a minimum 2-A rating each, 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.
(h) Open Burning Prohibited. The Fire Department shall prohibit open burning:
(1) That is offensive or objectionable due to smoke or odor emissions.
(2) When atmospheric condition or local circumstances make such fires hazardous.
(i) The Fire Department shall order the extinguishment, by the permit holder or by Fire Department personnel, of any open burning that creates or adds to a hazardous or objectionable situation.
(Ord. 142-2003. Passed 6-16-03.)
(a) Notwithstanding any provision of this chapter, no open burning shall be conducted in an area where an air alert, warning or emergency under Chapter 3745-25 of the Ohio Administrative Code is in effect.
(b) No provision of this chapter permitting open burning, and no permission to open burn granted by the Ohio Environmental Protection Agency or the Fire Department, shall exempt any person from compliance with any section of the Ohio Revised Code, any regulation of any State department or any local ordinance or regulation dealing with open burning.
(a) An application for permission to open burn shall be submitted in writing at least ten days before the fire is to be set. It shall be in such form and contain such information as required by the Ohio Environmental Protection Agency or the Fire Department.
(b) Such application shall contain, as a minimum, information regarding:
(1) The purpose of the proposed burning;
(2) The nature and quantities of material to be burned;
(3) The date or dates when such burning will take place;
(4) The location of the burning site, including a map showing distances to residences, populated areas, roadways, air fields and other pertinent landmarks;
(5) The methods or actions which will be taken to reduce the emission of air contaminants; and
(6) The on-site fire extinguishing equipment to be provided.
(c) The Ohio Environmental Protection Agency or the Fire Department, after receiving notification, may determine that the open burning is not allowed under this chapter, and the Ohio Environmental Protection Agency or the Fire Department shall notify the applicant to this effect.
(d) Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the Ohio Environmental Protection Agency or the Fire Department that open burning is necessary to the public interest; that it will be conducted in a time, place and manner as to minimize the emission of air contaminants; and that it will have no serious detrimental effect upon adjacent properties or the occupants thereof. The Ohio Environmental Protection Agency or the Fire Department may impose such conditions as may be necessary to accomplish the purpose of this section.
(e) Permission to open burn must be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by a delay while written permission is sought, the fire may be set with oral permission of the Ohio Environmental Protection Agency or the Fire Department.
(f) Violations of any of the conditions set forth by the Ohio Environmental Protection Agency or the Fire Department in granting permission to open burn shall be grounds for revocation of such permission and refusal to grant future permission, as well as for the imposition of other sanctions provided by law.
(Ord. 142-2003. Passed 6-16-03.)
No person shall kindle or maintain a fire to be used for the preparation of food or for any other purpose in any type of outdoor controlled burning device or portable grill in any apartment or on or below any apartment house balcony or within twenty feet of any structure housing more than two families.
(Ord. 142-2003. Passed 6-16-03.)
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