(a) No person shall cause or allow outdoor burning in the Municipality, except as provided in subsections (b) through (g) hereof.
(b) When permitted by the property owner, outdoor burning shall be allowed for the following purposes without notification to or permission from the Ohio Environmental Protection Agency or the Chief of Fire or his or her designee:
(1) The cooking of food for human consumption utilizing appliances designed for cooking with charcoal, wood, stove fuel or cooking gas. The following conditions shall be met when cooking utilizing open burning or an open flame:
A. Charcoal burners utilizing charcoal briquettes, including wood chips, shall not be operated on balconies, porches, and decks or within ten feet of any combustible material or structure or within fifteen feet of the public right of way.
B. Liquid petroleum, gas-fueled cooking devices shall not be operated on balconies, porches or decks, or within ten feet of any combustible material or structure or within fifteen feet of the public right of way.
C. Fire in appliances designed for cooking utilizing seasoned dry firewood shall be permitted provided that such devices shall not be located on balconies, porches, and decks or within twenty-five feet of any combustible material or structure or within fifteen feet of the public right of way.
(2) Open burning conducted in an approved container (for example, a chiminea), which shall not be located within twenty-five feet of a structure or combustible material or within fifteen feet of the public right of way. Conditions such as combustible materials or strong winds that could cause a fire to spread to within twenty-five feet of a structure shall be eliminated prior to ignition.
(3) Recreational fires (for example, a fire pit or barbeque pit), which shall not be located within twenty-five feet of a structure or combustible material or within fifteen feet of the public right of way. The pile size shall be limited to three feet or less in diameter and two feet or less in height. Conditions such as combustible materials or strong winds that could cause a fire to spread to within twenty-five feet of a structure shall be eliminated prior to ignition.
(4) Heating of tar, welding, use of acetylene torches or highway safety flares, heating for warmth of outdoor workers, smudge pots and similar occupational needs.
(c) Fires allowed by subsection (b)(2) and (3) hereof shall not be used for waste disposal purposes and shall be of minimum size sufficient for the intended purpose, and the fuel shall be chosen to minimize the generation of air contaminants.
(d) Outdoor burning shall be allowed for the following purposes with prior notification to the Ohio Environmental Protection Agency in accordance with paragraph (B) of Rule 3745-19-05 of the Ohio Administrative Code or substantially similar code section, and after the issuance of a permit by the City for the following purposes:
(1) The open burning of beach debris only on the inaccessible beaches of Lake Erie and inaccessible beaches of the Rocky River Harbor, which border the City, and only if such burning is supervised at all times. Beach debris, which may be burned under this section, shall be limited to natural wood or untreated lumber.
Every applicant for a permit under this section shall file with the Chief of Fire or his or her designee a written application stating the applicant's full name, complete address of the applicant, phone number, and a copy of the Ohio Environmental Protection Agency permit granting permission for open burning. The application shall also contain the following:
A. The reason the burning is necessary;
B. The location and/or the premises where the burning is to be conducted;
C. The date and start and end time at which the applicant desires to conduct the open burning;
D. A description of the debris to be burned;
E. The method of fire control to be used; and
F. The signature of the applicant and any other responsible person who will supervise the open burning.
The Chief of Fire or his or her designee shall only issue those permits that are reasonably necessary to guarantee the public health and safety.
(2) The prevention or control of disease or pests.
(3) Ceremonial purposes, including bonfires, provided each of the following conditions is met:
A. The ceremonial fire shall be less than five feet high by five feet wide. The fire may not burn longer than three hours.
B. Fuel for the ceremonial fire shall consist of only seasoned dry firewood and shall be ignited using a small quantity of paper.
C. A ceremonial fire shall not be conducted within fifty feet of a structure or combustible material. Conditions such as combustible materials or strong winds that could cause a fire to spread within fifty feet of a structure shall be eliminated prior to ignition.
D. A responsible person shall constantly be in attend-ance at ceremonial fires until the fire is extinguished. This person shall have fire-extinguishing equipment readily available for use as deemed necessary by the Chief of Fire or his or her designee.
All permits shall be requested by and issued to the owner of the land upon which the ceremonial fire is to be kindled following the application requirements outlined in subsection (d)(1) hereof.
(e) Fires allowed by subsections (d)(1), (d)(2) and (d)(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.
(f) Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio Environmental Protection Agency in accordance with Ohio Administrative Code Rule 3745-19-05, provided that any conditions specified in the document giving permission are followed:
(1) Disposal of ignitable or explosive materials where the Ohio Environmental Protection Agency determines that there are no other practical alternate methods of disposal;
(2) Instruction in methods of fire fighting or for research in the control of fires;
(3) In emergency or other extraordinary circumstances, any purpose determined to be necessary by the Ohio Environmental Protection Agency;
(4) Recognized horticultural, silvicultural, range or wildlife management practices; and
(5) Fires and/or pyrotechnic effects, for the purposes other than waste disposal, set as part of commercial film making or video production activities for motion pictures or television.
(g) No outdoor burning shall be allowed in the Municipality unless a responsible person is in attendance.
(Ord. 48-10. Passed 9-8-10.)