§ 96.34 PERMISSIBLE BURNING WITH A PERMIT.
   (A)   Pit burning.
      (1)   Definitions. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         LAND CLEARING. The uprooting or clearing of vegetation in connection with construction for buildings; right-of-way; agricultural, residential, commercial, or industrial development; mining activities; or the initial clearing of vegetation to enhance property value; but does not include routine maintenance or property clean-up activities.
         NUISANCE. Causing physical irritation exacerbating a documented medical condition, visibility impairment, or evidence of soot or ash on property or structure other than the property on which the burning is done.
         PIT BURNING. Using a portable combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a re-circulating motion of air under the curtain.
         PUBLIC ROAD. Any road that is part of the state highway system; or any road, street, or right-of-way dedicated or maintained for public use by the city.
         STRUCTURE. A building in which people may live or work or one intended for housing farm or other domestic animals.
      (2)   Pit burning requirements. The burning of waste materials, trees, brush and other vegetable matter in connection with land clearing activities is permissible with the following limitations and requirements:
         (a)   Pits must be located a minimum of 500 feet from any structure, and a minimum of 250 feet from any public road.
         (b)   The pits dug for burns shall be a minimum size of seven feet deep, nine feet wide, and 35 feet in length.
         (c)   A site plan must be submitted and approved by the Fire Code Official prior to burn permit being issued.
         (d)   The Goldsboro Fire Department will be responsible for issuing a burning permit. A burning permit application must be submitted and permit fee paid prior to the issuing of the permit.
         (e)   The location of the pit must be approved by the Goldsboro Fire Department prior to the issuing a permit. The pit must be located outside building pad areas, and pits must be cleaned out and backfilled with compacted select backfill at the completion of burning operations.
         (f)   Prevailing winds at the time of burning must not exceed ten miles per hour. Prevailing winds at the time of burning shall be away from any area, including public road within 250 feet of the burning as measured from the edge of the pavement or other roadway surface, which may be significantly affected by smoke, ash, or other air pollutants from the burning.
         (g)   Only collected land clearing may be burned (no construction or yard waste materials). Heavy oils, asphaltic materials, items containing natural or synthetic rubber, tires, grass clippings, collected leaves, paper products, plastics, general trash, garbage, or any materials containing painted or treated wood materials shall not be burned. Leaves still on trees or brush may be burned.
         (h)   Burning is only allowed Monday through Friday, and burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m.
         (i)   The pit must be monitored 24 hours a day or covered at the end of the day with a minimum of 12 inches of soil such that the fire is extinguished and no smoke leaves the pit.
         (j)   The permitee must check with state forestry services to ensure there are no burning bans or additional burning restrictions in effect prior to burning.
         (k)   Burning is not allowed on “Code Red” ozone days.
         (l)   A path for four-wheel emergency vehicles shall be provided.
         (m)   The pit-burning permit may be revoked by the Fire Code Official if the pit burning is determined to be a nuisance.
         (n)   Burning must comply with applicable state air quality standards.
         (o)   Pit-burning portable combustion devices shall meet manufacturer’s specifications for operation and upkeep to ensure complete burning of material charged into the pit. Manufacturer’s specifications shall be kept on site and be available for inspection by Fire Code Official.
         (p)   The owner or operator of the pit-burning operation shall not allow ash to build up in the pit to a depth higher than one-third of the depth of the pit or to the point where the ash begins to impede combustion, whichever occurs first.
         (q)   The owner or operator of the pit-burning operation shall not load material into the pit such that it will protrude above portable combustion device or the top of the pit, whichever is lower.
         (r)   Possession of this permit shall in no way limit the liability of the owner or operator for any damage that might result from the burning.
         (s)   Only distillate oil, kerosene or diesel fuel may be used to start the fire.
         (t)   A bulldozer, and/or water truck, and an operator shall be on site at all times during burning.
   (B)   Bonfires and other ceremonial fires.
      (1)   Location. The location of a bonfire or other ceremonial fire shall not be conducted within 50 feet of a structure or other combustible material. Conditions which could cause the fire to spread shall be eliminated prior to ignition.
      (2)   Attendance. Bonfires or other ceremonial fires shall be constantly attended until the fire is extinguished. A minimum of a portable fire extinguisher with at least a 4 A rating or other approved fire extinguishing equipment, such as dirt, sand and/or supplied garden hose or water truck shall be available for immediate utilization.
      (3)   Site plan. An approved site plan with distances to combustible material and structures must be submitted to the Fire Code Official prior to issuance of a burn permit.
      (4)   Authority to extinguish. The Fire Code Official has the authority to extinguish any bonfire or ceremonial fire if weather conditions change, the fire is becoming a nuisance, or if he or she deems the fire to be a hazard to life or property.
   (C)   Training fires. Training fires set for the purpose of instruction and training of firefighters, public, and industrial employees in the methods of firefighting. Prior to commencement of open burning, the City Fire Code Official shall be notified. All open burning for this purpose shall meet the requirements of all state regulations. If this training involves the burning of a structure for training, care should be exercised to ensure a distance of a minimum of 50 feet to the nearest occupied structure, to prevent the spread of fire and minimize the hazard to adjacent exposures. In addition, adequate provisions shall be made to provide protection to any and all exposures.
(Ord. 2010-51, passed 8-2-10)