§ 91.153  VARIANCES.
   (A)   Other types of fires may be approved as follows: Any other type of fire whereby a citizen of the town has obtained a variance from the provisions of this subchapter by petitioning the Town Council may be allowed. However, the Town Council cannot grant a variance for burning that would otherwise violate the provisions of the 326 I.A.C. 4-1 et seq. as amended and I.C. 13-17-9.
   (B)   The following types of fires may be allowed if approved by the state Department of Environmental Management:
      (1)   Firefighter training;
      (2)   Fire extinguisher training;
      (3)   Vegetation propagation;
      (4)   Use of air curtain destructor; and
      (5)   Waste oil burning where waste oil originates from spillage during testing of an oil well and had been collected in a properly constructed and located burn off pit. Burning shall be subject to the following conditions.
         (a)   Each oil pit may be burned once every two months.
         (b)   The fire must be extinguished within 30 minutes of ignition. Indiana Department of Natural Resources (DNR) burning, to facilitate prescribed burning on DNR controlled properties for wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or prevention; United States Department of the Interior burning, to facilitate a National Park Service Fire Management Plan for the Indiana Dunes National Lakeshore, for example; and United States Department of Agriculture, Forest Service burning, to facilitate wild life habitat maintenance, forestry purposes, natural area management, ecosystem management, and firefighting or prevention.
         (c)   Burning by the United States Forest Service for firefighting or prevention is not subject to the conditions in § 91.154.
         (d)   Burning of marijuana by federal, state, and local law enforcement offices. Only clean products shall be used for ignition purposes.
         (e) Burning for the purpose of heating, using clean wood products or paper in a noncombustible container that is sufficiently vented to induce adequate primary combustion, and has enclosed sides and a bottom. Burning shall be subject to the following conditions.
            1.   Burning shall only occur between October 1 and May 15.
            2.   Burning shall not be conducted for the purpose of disposal.
         (f)   Burning of vegetation by fire departments and firefighters to create fire breaks for
purposes of extinguishing an existing fire. Such burning is not subject to the conditions in § 91.154.
         (g)   Burning of clean petroleum products for fire extinguisher training are subject the following conditions.
            1.   The local Fire Department and Health Department must be notified at least 24 hours in advance of the date, time, and location of the burning. All burning shall take place in a noncombustible container or enclosure, enclosed on all sides with a bottom.
            2.   A total of no more than 14 gallons of fuel may be burned per day.
            3.   Only one fire may be allowed to burn at a time.
            4.   All burning shall be conducted in such a manner so as to prevent any possibility of soil contamination.
         (h)   Emergency burning with prior oral approval of the Commissioner of the state Department of Environmental Management or the Commissioner’s designated agent may be authorized for the following: spilled or escaping liquid or gaseous petroleum products when all reasonable efforts to recover the spilled material have been made and failure to burn would result in an imminent fire, health hazard, or air or water pollution problem; or clean wood waste, vegetation, or deceased animals resulting from a natural disaster where failure to burn would result in an imminent health or safety hazard.
(Ord. 9-07-1, passed 9-10-2007)