No person shall allow, cause, or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that open burning is permitted in the following circumstances:
(567 IAC 23.2 and 100.2)
1. Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists, provided that the burning of any structures or demolished structures is conducted in accordance with 40 CFR Section 61.145.
(567 IAC 23.2[3]“a”)
2. Landscape Waste. The disposal by open burning of landscape waste (excluding lawn clippings) originating on the premises, in accordance with the following regulations:
(567 IAC 23.2[3]“d”)
A. Burn Ring. The size of 24 inches in height used only for burning of landscape waste, excluding lawn clippings.
B. Regulated Burning. The City shall allow open burning during the months of April, May, October, and November, on Thursdays, Fridays, and Saturdays from 8:00 a.m. to 8:00 p.m. All other burning that does not meet the following restrictions is prohibited.
C. Only residential landscape waste shall be burned.
D. All fires shall be at least 50 feet from any structure or building.
E. Adult supervision shall be on hand at all times.
F. A working garden hose shall be available for immediate use.
G. All fires shall be extinguished in the event of any complaints from other citizens about the smoke generated by such fire.
H. No such fires shall be maintained if weather conditions are not favorable or in the event of an order from the Fire Chief directing that the fire be extinguished.
However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth mile from any building inhabited by other than the landowner or tenant conducting the open burning. Rubber tires shall not be used to ignite landscape waste.
3. Recreational Fires. Open fires for cooking, heating, recreation, and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources. Rubber tires shall not be burned in a recreational fire.
(567 IAC 23.2[3]“e”)
4. Training Fires. Fires set for the purpose of conducting bona fide training of public or industrial employees in firefighting methods, provided that the training fires are conducted in compliance with rules established by the State Department of Natural Resources.
(567 IAC 23.2[3]“g”)
5. Controlled Burning of a Demolished Building. The controlled burning of a demolished building by the City, subject to approval of the Council, provided that the controlled burning is conducted in accordance with rules and limitations established by the State Department of Natural Resources.
(567 IAC 23.2[3]“j”)
6. Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director of the State Department of Natural Resources.
(567 IAC 23.2[2])
7. Burn Barrels. Burn barrels are prohibited within the City.