1503.01 Definitions.
1503.02 Relations to other prohibitions.
1503.03 Restrictions; notice and permission.
1503.04 Burning refuse.
1503.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Air pollution control. - see Ohio R.C. Ch. 3704
Municipal authorization for open burning - see Ohio R.C.3704.12
Spreading fire through negligence - see Ohio R.C. 3737.62
Bonfires and outdoor rubbish fires - see OAC 1301:7-7-03
As used in this chapter, certain terms are defined as follows:
(a) "Agricultural waste" means any matter generated by crop, horticultural or livestock production practices, and includes such items as bags, cartons, dry bedding, landscape wastes and structural materials that are generated in agricultural activities, but does not include 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.
(b) "Economic poisons" include but are not restricted to pesticides such as insecticides, fungicides, redenticides (sic), miticides, nematocides and fumigants; herbicides, seed disinfectants; and defoliants.
(c) "Garbage" means any matter resulting from the handling, processing, preparation, cooking and consumption of food or food products
(d) "Landscape waste" means any vegetable or plant matter, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.
(e) "Ohio EPA" means the Ohio Environmental Protection Agency and its delegate agencies or its Director as the context or applicable law may require.
(f) "Open burning" means 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 from an enclosed chamber. For purposes of this definition, a chamber shall be regarded as enclosed, when during the time combustion takes place, only such apertures, ducts, stacks, flues or chimneys as are necessary to provide combustion air and to permit the escape of exhaust gas, are open. Enclosed chamber also includes commercially manufactured grills, smokers, or other cooking apparatus in good working order.
(g) "Residential waste" means any matter, including landscape wastes, generated on a one, two or three-family residence as a result of residential activities, but not including garbage.
(OAC 3745-10-01.)
(h) "Approved Container" means an enclosure which surrounds and contains embers, hot asides and sparks sufficiently to prohibit any spread of the fire beyond permissible dimensions.
(Ord. 2016-90. Passed 9-21-16.)
(a) Notwithstanding any provision in this chapter, no open burning shall be conducted in arm area where an air alert, warning or emergency under Ohio Administrative Code Chapter 3745-25 is in effect.
(b) No provisions of this chapter 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, including Ohio R.C. 1503.20, or any regulation of any State Department, including the Ohio Department of Natural Resources, or any local ordinance or regulation dealing with open burning. (OAC 3745-19-02.)
(Ord. 2016-90. Passed 9-21-16.)
(a) No person shall cause or allow open burning in the Municipality, except as provided in subsections (b) through (d) herein.
(b) Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:
(1) Cooking for human consumption.
(2) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers, smudge pots and similar occupational needs.
Fires allowed by subsection (b)(1) and (2) 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.
Fires allowed by subsection (b)(1) hereof shall meet the following requirements:
(1) Notification of the Fire Department is requested prior to any fire being kindled.
(2) No person shall kindle or maintain a fire or authorize any fire to be kindled or maintained unless:
(a) The location is not less than fifty (50) feet frown any structure or motor vehicle on adjacent property, and adequate provision is made to prevent fire from spreading to within fifty (50) feet of any structure or motor vehicle.
(b) Fires in approved containers shall be permitted, provided that such fires are not less than fifteen (15) feet from any structure.
(c) The fire shall be constantly attended by a competent person until such fire is extinguished. This person shall have fire extinguishing equipment readily available.
(d) The fire shall be limited in size to three (3) foot by three (3) foot.
(3) The Fire Department shall prohibit open burning that will be offensive or objectionable due to Smoke or odor emissions when atmospheric conditions make such fires hazardous or endangering to persons. The Fire Department shall order the extinguishment of any open burning which it determines to be hazardous or endangering to persons.
(c) Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA as provided by Ohio Administrative Code 3745-19-05:
(1) 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.
(2) Ceremonial purposes. Ceremonial fires shall be less than five (5) feet by five (5) feet in dimension and shall burn no longer than three (3) hours.
(d) Open burning shall be allowed for the following purpose with prior written permission from the Ohio EPA as provided by Ohio Administrative Code 3745-19-05
(1) Recognized silvicultural, range or wildlife management practices.
Fires allowed by subsection (c)(1) to (3) hereof shall not be used for waste disposal purposes, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
(1) Open burning shall be allowed for the following uses upon receipt of written permission from the Ohio EPA as provided by Ohio Administrative Code 3745--19-05, provided that any conditions specified in the permission are followed:
A. Disposal of hazardous or toxic materials where the Ohio EPA determines that there its 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 agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production. (OAC 3745-19-03)
(Ord. 2016-90. Passed 9-21-16.)
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