(a) All burning permits issued in the City for open burning shall be approved by the Chief of the Hubbard Fire Department or his designee. A prerequisite to application for a burning permit shall be applying for and obtaining a building permit from the office of the Hubbard City Engineer, except if land is being cleared for construction in compliance with zoning regulations, in which case the Chief of the Hubbard Volunteer Fire Department or his designee, shall use his discretion in issuing a burning permit, subject to the provisions set forth in this section and any other valid ordinances or regulations currently in existence.
(b) Upon application for a burning permit by a contractor, the Chief or his designee will review the geographical area and population dispersement and if in his or their opinion no probable resulting nuisance or damage will ensue, the Chief or designee may issue a permit to burn natural wood, lumber, paper, cardboard and wooden boxes resulting from the construction at the job site.
(c) In no event shall the objective standards enumerated in subsection (b) hereof as a criteria for issuing a permit be less than the standards enumerated by the Ohio Fire Code.
(d) For the purposes of this section, natural wood means all trees, including tree stumps and limbs, as well as herbaceous material which is cleared from a construction site and the roads or other means of access to the site.
(e) A general contractor shall submit a fee of twenty dollars ($20.00) with the application for a permit for open burning on the construction site of a one, two, or three family dwelling. The fee for a permit for all other structures shall be fifty dollars ($50.00).
(f) When an air pollution alert, warning or emergency is declared by the Ohio Environmental Protection Agency or any local authority to declare an air pollution alert, no burning shall occur until the air pollution, warning or emergency has subsided.
(g) Any person requesting and receiving the aforedescribed permit shall be notified on the face of the permit that he or they shall be liable for any damage resulting from this burning and that he or they take this permit subject to the following conditions:
YOU ARE HEREBY GRANTED THIS PERMIT TO BURN NATURAL WOOD, LUMBER, PAPER, CARDBOARD AND WOODEN BOXES ONLY. IF ANY PERSON OR PROPERTY SHOULD BE DAMAGED BY THE ABOVE STATED ACTION, YOU ARE LEGALLY LIABLE. FURTHER, YOU AGREE TO INDEMNIFY AND SAVE THE CITY OF HUBBARD HARMLESS FOR ANY LIABILITY IT MAY INCUR IN DEFENSE OF ANY SUIT AGAINST IT ARISING FROM YOUR COURT. IF YOU DO NOT AGREE TO THESE TERMS DO NOT ACCEPT OR SIGN THIS PERMIT.
(Ord. 2-95. Passed 2-6-95.)