(A) No person or property owner shall cause or allow open burning in a restricted area except as provided in divisions (B) to (D) of this section or in R.C. § 3704.11.
(B) (1) Open burning shall be allowed for the following purposes without notification to or permission from the State EPA:
(a) Cooking for human consumption; and
(b) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
(2) Fires allowed by divisions (B)(1)(a) and (B)(1)(b) in this section shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.
(C) Open burning shall be allowed for the following purposes with prior notification to the State EPA:
(1) Prevention or control of disease or pests, with written or verbal verification to the State EPA from the local health department, cooperative extension service, State Department of Agriculture or U.S. Department of Agriculture, that open burning is the only appropriate disposal method; and
(2) Ceremonial fires provided the following conditions are met:
(a) The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours;
(b) The ceremonial fires shall not be used for waste disposal purposes; and
(c) The fuel shall be chosen so as to minimize the generation and emission of air contaminants.
(D) Open burning shall be allowed for the following purposes upon receipt of written permission from the State EPA provided that any conditions specified in the permission are followed:
(1) Disposal of ignitable or explosive materials where the State EPA determines that there is no practical alternate method of disposal;
(2) Instruction in methods of firefighting or for research in the control of fires;
(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the State EPA; and
(4) Recognized horticultural, silvicultural, range or wildlife management practices.
(Ord. 2001-12, passed 11-5-2001) Penalty, see § 92.99