(A) No person shall cause, suffer, allow or permit an open fire except as provided in subsection (B), (C) or (D) of this section.
(B) (1) The control officer may, upon receipt of an application made on forms provided by the Department or local fire control agency, issue or approve a permit in writing allowing an open fire; provided, that all of the following conditions are met:
(a) The control officer is satisfied that there is no practical alternate method to dispose of the material to be burned or to conduct the desired activity;
(b) No hazardous condition or air pollution or nuisance will be created;
(c) Fire control laws or regulations of other governmental agencies will not be violated;
(d) No materials which produce dense smoke when burned, including, but not limited to tires and roofing material will be burned;
(e) The material to be burned shall have originated on the premises on which it is to be burned.
(2) The control officer may impose other conditions to minimize creation of smoke, to prevent nuisance and air pollution and to protect the health, safety, comfort and property of any persons.
(C) Public officers, in the performance of their official duties, may set an open fire or give permission for an open fire, with concurrence of the control officer; provided, that all reasonable means are employed to minimize smoke if the fire is necessary for one or more of the following reasons or purposes:
(1) For the prevention of a fire hazard that cannot be abated by other means;
(2) For the instruction of public fire fighters of industrial employees under supervision of the appropriate fire control official;
(3) For the protection of public health or safety when other means for disposing of hazardous materials are not available.
(D) Open fires otherwise in conformance with other governmental fire control ordinances; provided, that no nuisance or air pollution is created, are allowed without permission as follows:
(1) In those areas where no provision is made for public collection of leaves, the open burning of leaves originating on the premises by householders is permitted. No leaves shall be burned at locations closer than 200 feet from any neighboring habitable dwelling or place where people work or congregate;
(2) In those areas where no provision is made for public collection of refuse, burning of ordinary household trash, paper, tree limbs and dried weeds originating on the premises, excluding commercial establishment, by householders is permitted; provided that:
(a) Garbage or other materials are not to be burned which create unpleasant odors or dense smoke (emissions of an opacity or darkness greater than No. 2 on the Ringelmann Smoke Chart);
(b) No refuse shall be burned at locations closer than 200 feet from any neighboring habitable dwelling or place where people work or congregate;
(3) Cooking of food;
(4) Fires set in the course of agricultural operations in growing crops or raising fowl or animals or in accepted forestry practice. In no case shall this provision be construed as allowing the burning of materials which produce dense smoke, such as tires, oil, and the like;
(5) Recreational purposes, such as campfires;
(6) Oil or gas fired salamanders or similar devices designated specifically for space heating or warming of outdoor workers and the like; provided that no visible emissions are created;
(7) Warming fires for outdoor workers; provided that smoke emissions are not darker than No. 2 on the Ringelmann Smoke Chart, and the fires are located no closer than 200 feet from any neighboring habitable buildings.
(1959 Code, § 41-2) (Ord. 14-23-678, 11-13-2014)