(A) Definitions. As used in Chapter 3745-19 of the Ohio Administrative Code and this chapter:
AGRICULTURAL WASTE. Any matter generated by crop, horticultural or livestock production practices, and includes such items as bags, cartons, structural materials and landscape wastes that are generated in agricultural activities, but does not include land clearing waste; buildings; garbage; dead animals; motor vehicles and parts thereof; nor economic poisons and containers therefor, unless the manufacturer has identified open burning as a safe disposal procedure.
ECONOMIC POISONS. Include but are restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides and fumigants; herbicides; seed disinfectants; and defoliants.
GARBAGE. Any matter resulting from the handling, processing, preparation, cooking and consumption of food or food products.
LANDSCAPE WASTE. Any plant matter, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.
LAND CLEARING WASTE. Plant matter which is removed from land, including plant matter removed from stream banks during projects involving more than one property owner, for the purpose of rendering the land useful for residential, commercial or industrial development.
OHIO EPA. The Ohio Environmental Protection Agency Director or agencies delegated authority by such Director pursuant to R.C. § 3704.03 or the Chief of any Ohio Environmental Protection Agency district office.
OPEN BURNING. The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. Open burning includes the burning of any refuse or salvageable material in any device not subject to or designed specifically to comply with the requirements of Ohio Administrative Code 3745-17-09 or 3745-17-10.
RESIDENTIAL WASTE. Any matter, including landscape wastes, generated on a one-, two- or three- family residence as a result of residential activities, but not including garbage.
(B) Relations to other prohibitions.
(1) Notwithstanding any provision in Ohio Administrative Code Chapter 3745-19, no open burning shall be conducted in an area where an air alert, warning or emergency under Ohio Administrative Code Chapter 3745-25 is in effect.
(2) No provisions of Ohio Administrative Code Chapter 3745-19, permitting open burning, and no permission to open burn granted by the Ohio EPA, shall exempt any person from compliance with any section of the Ohio Revised Code, or any regulation of any State department, or any local ordinance or regulation dealing with open burning.
(OAC 3745-19-02)
(C) Open burning within village limits; permit requirements.
(1) No permit required. Open burning shall be allowed for the following purposes without notification to or permission from either the Ohio EPA or the Village Fire Chief:
(a) Cooking for human consumption;
(b) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
(c) Fires allowed by subdivisions (1)(a) and (1)(b) hereof 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.
(2) Permit requirements; Village Fire Chief. Open burning shall be allowed for the following purposes with prior notification to the Village Fire Chief:
(a) Prevention or control of disease or pests, with written or verbal verification to the Ohio EPA from the local health department, cooperative extension service, Ohio Department of Agriculture, or U.S. Department of Agriculture, that open burning is the only appropriate disposal method.
(b) Ceremonial fires provided the following conditions are met:
1. The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours;
2. The ceremonial fires shall not be used for waste disposal purposes; and,
3. The fuel shall be chosen so as to minimize the generation and emission of air contaminants.
4. There must be a competent person present at all times.
(c) Disposal of agricultural waste generated on the premises if the following conditions are observed:
1. The fire is set only when atmospheric conditions will readily dissipate contaminants;
2. The fire does not create a visibility hazard on the roadways, or air fields;
3. The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on the premises;
4. The wastes are stacked and dried to provide the best practicable condition for efficient burning;
5. No materials are burned which contain rubber, grease, asphalt or liquid petroleum products; and
6. There must be a competent person present at all times.
(3) Permit requirements; Ohio EPA. Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA provided that any conditions specified in the permission are followed:
(a) Disposal of ignitable or explosive materials where the Ohio EPA determines that there is no practical alternate method of disposal;
(b) Instruction in methods of fire fighting or for research in the control of fires;
(c) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA;
(d) Recognized horticultural, silvicultural, range or wildlife management practices;
(e) Fires and/or pyrotechnic effects set as part of commercial film-making or video production activities for motion pictures and television; and
(f) The burning of any structure within the village.
(OAC 3745-19-03)
(D) Open burning prohibited. No person or property owner shall cause or allow open burning within the village except as provided in divisions (B), (C), and (F) of this section or in R.C. § 3704.11.
(E) Permission and notice to open burn; permit procedure.
(1) Permission.
(a) An application for permission to open burn between Labor Day and Memorial Day shall be submitted in writing at least ten days before the fire is to be set to the Ohio EPA or at least five days before the fire is to be set to the Village Fire Chief as required by this section. It shall be in such form and contain such information as required by the Ohio EPA or the Village Fire Chief.
(b) Such applications shall contain, as a minimum, information regarding:
1. The purpose of the proposed burning;
2. The nature and quantities of material to be burned;
3. The date or dates when such burning will take place;
4. The location of the burning site, including a map showing distances to residences, populated areas, roadways, air fields and other pertinent landmarks;
5. The methods or actions which will be taken to reduce the emissions of air contaminants; and
6. The method of extinguishment.
(c) Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the Ohio EPA or the Village Fire Chief that open burning is necessary to the public interest; will be conducted in a time, place and manner as to minimize the emission of air contaminants; and will have no serious detrimental effect upon adjacent properties or the occupants thereof. The Ohio EPA may impose such conditions as may be necessary to accomplish the purpose of Ohio Administrative Code Chapter 3745-19.
(d) Permission to open burn shall be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by delay while written permission is sought, the fire may be set with oral permission of the Ohio EPA and written permission of the Village Fire Chief.
(e) Violations of any of the conditions set forth by the Ohio EPA or the Village Fire Chief in granting permission to open burn shall be grounds for revocation of such permission and refusal to grant future permission, as well as for the imposition of other sanctions provided by law.
(F) Bonfires and outdoor rubbish fires.
(1) General. Burning of rubbish shall be prohibited except in approved incinerators. Bonfires may be permitted only under the following conditions and subject to the air pollution provisions of this chapter. Rubbish (trash), as used in this section means: Combustible and noncombustible waste materials, including residue from the burning of coal, wood, coke or other combustible material, paper, rags, cartons, tin cans, metals, mineral matter, glass crockery, dust and discarded refrigerators, and heating, coking or incinerator-type appliances.
(2) Permit required. A person shall not kindle or maintain any bonfire or authorize any such fire to be kindled or maintained on any premises without having obtained a permit or other proper authorization from the village fire chief or other designated official. All permits shall be requested by and issued to the owner of the land upon which the bonfire is to be kindled.
(3) Location restricted. A person shall not kindle or maintain any bonfire or authorize any such fire to be kindled or maintained unless:
(a) The location is approved by the Village Fire Chief or other designated official and is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any structure; or
(b) The fire is contained in an approved burner located safely not less than 15 feet from any structure.
(4) Bonfire material. Fuel for bonfires shall consist of seasoned dry wood only and shall be ignited with a small quantity of paper only. Bonfires shall not contain any rubbish, garbage, trash, any material made of or coated with rubber, plastic, leather or petroleum based materials and shall not contain any flammable or combustible liquids. The allowable quantity of wood to be burnt shall be determined by the Village Fire Chief or other designated official and shall be based upon the fire safety requirements of the situation and the desirable duration of burn.
(5) Attendance at open fires. Bonfires shall be constantly attended by a competent person until such fire is extinguished. This person shall have fire extinguishing equipment readily available for use as deemed necessary by the Village Fire Chief or other designated official.
(6) Prohibited bonfires. The Village Fire Chief or other designated official may prohibit any or all bonfires when atmospheric conditions or local circumstances make such fire hazardous or which are or could be offensive or objectionable due to smoke or odor emissions. The Village Fire Chief or other designated official shall order the extinguishment, by the permit holder or the fire department, of any bonfire which creates or adds to a hazardous or objectionable situation. (OAC 1301:7-7-03.)
(G) Penalty. Whoever violates any provision of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than $500 or imprisoned not more than 60 days, or both.
(Ord. 1999-O-19, passed 5-27-99; Am. Ord. 2000-O-37, passed 6-22-00)