(A) It shall be illegal for any person to burn, or cause to be burned, any trash, refuse, shavings, paper, leaves, litter, tires, shingles, paint or other material of any kind outside any house or in or on any street, sidewalk, lot or yard within the town's primary fire district.
(B) Contractors, developers or corporations involved in the clearing of land, rights-of-way or easements for development purposes may burn only upon submitting to the Chief of the Fire Prevention Bureau a permit from the appropriate state authorities authorizing specific burnings.
(C) Open burning in the secondary fire district or area outside the corporate limits, but within the Harrisburg Rural Fire Protection District will follow the county ordinance § 34-59 with enforcement by the Cabarrus County Fire Marshal's Office or designated agent.
(1) Open burning must meet all provisions of the North Carolina Fire Code and North Carolina Administrative Code Title I SA, Chapter 2, subchapter 2D, 1900, Control and Prohibition of Open Burning, prior to the issuance of any permit. No burning of refuse that is in violation of any state or local Air Quality Open Burning Regulations will be allowed.
(2) Debris burning falling under the jurisdiction of the North Carolina Department of Natural Resources shall meet their required permit conditions. All requirements of the North Carolina Fire Code shall be met along with any other state laws.
(D) Burning site requirements.
(1) The location of the material to be burned shall be a minimum of 50 feet from any structure. If a possible hazard exists, the Fire Marshal or Chief of The Fire Prevention Bureau may require this distance to be increased.
(2) Piles of material to be burned should be done in a safe manner. This would also include bonfires for different events. Bonfires used for ceremonial and religious purposes (schools, civic groups, churches) may take place when all regulations are met. Materials used for bonfires must also comply with the Air Quality Regulations.
(3) Only natural materials, such as limbs, brush, grass, leaves, or wood may be burned.
(4) A competent person, to be determined by the Fire Marshal or Chief of The Fire Prevention Bureau, shall constantly attend the fire until such fire is extinguished.
(5) A garden hose with suitable water supply or other fire extinguishing equipment, as deemed acceptable by the Fire Official, shall be readily available for immediate use during the course of the fire until such fire is extinguished.
(E) Permits.
(1) A permit from the Fire Department Fire Prevention Bureau is required for bonfires and certain land clearing and may include the following:
(a) A site inspection may be required before burning is to be done. The applicant shall verify all information and shall read all the rules and regulations on the permit. The applicant will then be required to sign the permit acknowledging obeying these regulations.
(b) It will be the responsibility of the applicant to keep this permit available at the burn site at all times.
(F) Nuisance burning.
(1) If at any time during the burning, the smoke and/or odors create a nuisance by causing physical irritation exacerbating a documented medical condition, visibility impairment or causes a hazard determined by the Fire Marshal, Chief or designee, such may order the fire to be extinguished.
(2) If at any time during the burning, the regulations regarding open burning are not met or are violated in any way, the fire shall be extinguished.
(3) All open burning which includes, but is not limited to, brush, limbs, leaves, farm land, fields and clearing of land shall stop in the event of a burning ban issued by the North Carolina Forest Service, Cabarrus County Fire Marshal Office or the Fire Department Fire Prevention Bureau.
(4) Negligent and/or willful violations of the North Carolina Fire Code shall be subject to a civil citation.
(G) Burning ban.
(1) In the event that the Cabarrus County Fire Marshal's Office issues a ban on outdoor burning within 100 feet of a structure, then all local open burning permits issued shall be deemed invalid with no issuance of any new permits until such ban is lifted by the Cabarrus County Fire Marshal's Office. During this ban, no open burning shall be conducted at all within 100 feet of a structure; this includes any outdoor burning at residences within the Fire Department Rural Fire Protection District. A civil citation will be issued for violations.
(2) A burning ban on outdoor burning within 100 feet of a structure may be issued by the Cabarrus County Fire Marshal's Office in the event that atmospheric conditions or local circumstance make such fire hazardous.
(3) Local conditions that may warrant a burning ban include, but are not limited to:
(a) Flammable and/or combustible liquid spills or leaks close to a burning site.
(b) A hazardous materials incident where the proximity of the burn site could cause a possible ignition source or provide hazard options controlling the incident.
(c) The proximity of adjacent structures or other such hazards.
(4) In the event that a burning ban is issued, all permit holders shall be notified through the news media that the permit is invalid and fires shall be extinguished immediately. In conjunction with the North Carolina Forest Service burning ban, the Cabarrus County Fire Marshal's Office shall issue a burning ban of all-open burning within 100 feet of a structure and all fires shall be extinguished immediately. The local press shall be notified by the Fire Marshal's Office that such ban is in effect and that no permits will be issued until such ban is listed and no open burning will be allowed.
(5) Any burning ban issued by the Cabarrus County Fire Marshal's Office shall be lifted in the same manner.
(H) Extinguishing illegal fires, nuisance burning, and fires when burning bans are in effect or all other fires that fall under this section, the North Carolina Fire Code and the state regulations.
(1) The Fire Department has the authority to extinguish any fire that does not meet this chapter, the North Carolina Fire Code and state regulations which include but are not limited to illegal fires, nuisance burning and fires when burning bans are in effect.
(2) The Fire Department Fire Prevention Bureau or its authorized representative has the authority to extinguish any fire that does not meet this chapter, the North Carolina Fire Code and state regulations which include but are not limited to illegal fires and nuisance burning and fires when burning bans are in effect. If any citations are to be issued that fall under this section, it will be done by the Fire Department Fire Prevention Bureau or the Fire Marshal.
(3) The Fire Department Fire Prevention Bureau or its authorized representative does not have to be present to order the extinguishment of the fire. If the owner or person burning refuses to let the Fire Department extinguish the fire, then the Fire Department can have the Fire Department Fire Prevention Bureau paged and a representative from that office will respond to assist the Fire Department.
(4) The Fire Department Fire Prevention Bureau may respond to any nuisance burning when the person will not allow the Fire Department to extinguish the fire.
(5) The Fire Department Fire Prevention Bureau or a representative of that office may respond to any illegal burning when requested. The Fire Department Fire Prevention Bureau or a representative of that office does not need to be present to order the fire extinguished. The Fire Department can extinguish the fire and fax any information about the fire to the Fire Department Fire Prevention Bureau and it will investigate. If there is an issue with the person who is burning, the Fire Department Fire Prevention Bureau or a representative of that office will respond to assist the Fire Department.
(6) If any citations are to be issued that fall under this chapter or North Carolina Fire Code it will be issued by the Fire Department Fire Prevention Bureau. A violation of this section is punishable as a misdemeanor.
(Ord. passed 10-13-08; Am. Ord. passed 4-11-22) Penalty, see §
10.99