(A) Generally. Permits are required for the burning of leaves, tree branches, or yard trimmings originating on the premises.
(1) In accordance with the Fire Prevention Code, any outdoor open burning conducted within the county requires a permit to be issued by the one of the agencies that issues burning permits. The outdoor open burning must meet all provisions of the fire code, North Carolina Administrative Code (15A NCAC 1901 through 1907), and this chapter, prior to the issuance of any permit. No permit shall be issued for the burning of refuse in violation of any state or local air quality open burning regulations.
(2) Debris burning falling under the jurisdiction of the State Division of Forest Resources shall meet its required permit conditions. All requirements of the fire code shall be met along with any other state laws.
(3) Those provisions listed in the State Administrative Code regarding the control and prohibition of open burning shall take precedence in all cases where open burning is requested. Permits may not be issued for any outdoor burning under any of the following conditions:
(a) Open burning of rubbish or waste material;
(b) Open burning for land clearing, when the burning is located within 1,000 feet of any residential structure other than a dwelling structure located on the property on which the burning is done; and/or
(c) Open burning of leaves, tree branches or yard trimmings originating on the premises of private residences, unless the location is not at least 50 feet from any structure and adequate provisions are made to prevent fire from spreading to within 50 feet of any structure or other property.
(B) Burning site requirements.
(1) The location of the material to be burned shall be a minimum of 50 feet from any structure located on the property of which the burning is done. If a possible hazard exists, the Fire Official may require this distance to be increased.
(2) Piles of material should be burned in a safe matter. This would also include bonfires for different events. Bonfires used for ceremonial and religious purposes (schools, civic groups, and churches) may take place after 6:00 p.m. when all regulations are met. Materials used for bonfires must also comply with the EPA regulations and the LCFPPO.
(3) An area ten-feet wide shall be cleared completely around the material to be burned.
(4) Only natural materials, such as limbs, brush, grass, leaves, or wood, may be burned. Heavy oils, asphalt materials, polar solvents, treated lumber, trash, paper or items containing natural or synthetic rubber, or any materials other than plant growth shall not be burned.
(5) A competent person shall constantly attend the fire until it is extinguished.
(6) A garden hose with suitable water supply or other fire-extinguishing equipment, as deemed acceptable by the Fire Official, shall be readily available for immediate use during the course of the fire until it is extinguished.
(C) Permit-issuance procedure.
(1) For outdoor burning, including, but is not limited to, bonfires, clearing land in certain areas, burning leaves and brush, or other burning that does not meet the State Forest Services requirements:
(a) A site inspection may be required before burning is to be done.
(b) The applicant shall verify all information and shall read all the rules and regulations on the open burning permit. The applicant will then be required to sign the permit, acknowledging the understanding and responsibility to obey these regulations.
(c) It will be the responsibility of the applicant to keep this permit available at the burn site at all times.
(2) The following types of open burning are permissible:
(a) The material burned originates on the premises of private residences, is burned on those premises, and consists of natural materials, such as limbs, brush, grass, leaves, yard trimmings, or wood;
(b) There are no public pickup services available;
(c) Non-vegetable materials, such as household garbage or other man-made materials, are not burned;
(d) The burning is started no earlier than 8:00 a.m. and no additional combustible material is added to the fire between 6:00 p.m. and 8:00 a.m. on the following day;
(e) The burning does not create a nuisance; and
(f) Material is not burned when the Division of Forest Resources and the County Fire Marshal office have issued a burning ban for that area.
(D) Nuisance burning.
(1) If, at any time during the burning, the smoke and/or odors create a neighborhood nuisance by causing physical irritation exacerbating a documented medical condition, visibility impairment, evidence of soot or ash on a property or structure other than the property on which the burning is done, the smoke and odors do not rise, hang close to the ground, cross a street or highway and cause a hazard, and three or more separate businesses or homes complain, the burning shall be ceased and all fires will be extinguished.
(2) If, at any time during the burning, the regulations regarding open burning are not met or are neglected in any way, the fire shall be extinguished.
(3) All open burning, including, but not limited to, brush, limbs, leaves, farm lands, fields and clearing of land, shall stop in the event of a burning ban issued by the State Forest Service, or by the County Fire Marshal’s office in conjunction with the State Forest Service.
(4) Willful neglect and/or willful violations of the Fire Prevention Code shall be subject to a civil citation. Any such action shall be brought to the Fire Marshal with proper documentation to be acted upon.
(E) Burning ban.
(1) In the event that the County Fire Marshal’s office issues a ban on outdoor burning within 100 feet of a structure, then, in accordance with state law, all open burning permits issued shall be deemed invalid, with no issuance of any new permits until the ban is lifted by the County Fire Marshal’s office. The ban may be restricted to certain areas of the county or may be enforceable countywide. During the ban, no open burning shall be conducted at all within 100 feet of a structure; this includes any outdoor burning at residences. A civil citation may be issued for violations.
(2) A burning ban on outdoor burning within 100 feet of a structure may be issued by the County Fire Marshal’s office in the event that atmospheric conditions or local circumstances make the fire hazardous. Atmospheric conditions that warrant a burning ban include, but are not limited to:
(a) Extended periods of low humidity (below 50%);
(b) High winds;
(c) Elevated temperatures; and/or
(d) Lack of substantial rainfall.
(3) Local conditions that may warrant a burning ban include, but are not limited to:
(a) Flammable and/or combustible liquid spills or leaks close to a burning site;
(b) A hazardous materials incident, where the proximity of the burn site could cause a possible ignition source or prove hazardous to operations controlling the incident; and/or
(c) The proximity of adjacent structures or other such hazards.
(4) In the event a burning ban is issued, all permit holders shall be notified by the Fire Marshal’s office, by using contact information provided, and also through the news media. The notification should state that the permit is invalid and any fires shall be extinguished immediately. In conjunction with a State Forest Service burning ban, the County Fire Marshal’s office shall issue a burning ban of all open burning within 100 feet of a structure and all fires shall be extinguished immediately. The local press shall be notified by the County Public Affairs Officer that such ban is in effect, that no permits will be issued until the ban is lifted, and that no open burning will be allowed.
(5) Any burning ban issued by the Fire Marshal’s office shall be repealed in the same manner.
(F) Extinguishing illegal fires, nuisance burning, fires when burning bans are in effect, and all other fires that fall under this chapter, the NCBC, and state regulations.
(1) The responding Fire Department has the authority to extinguish any fires that do not meet this chapter, the NCBC, or state regulations, including, but are not limited to, illegal fires, nuisance burning, and fires when burning bans are in effect.
(2) The Fire Marshal’s office, or its authorized representative, has the authority to extinguish any fires that do not meet this chapter, the NCBC, and any state regulations, including, but are not limited to, illegal fires, nuisance burning, and fires when burning bans are in effect. Any citations that fall under this chapter will be issued by the Fire Marshal’s office or its authorized representative.
(3) The Fire Marshal’s office, or its authorized representative, does not have to be present to extinguish the fire(s). If the owner or person(s) burning refuse to let the Fire Department extinguish the fire(s), then the Fire Department can have the Fire Marshal’s office contacted (either directly or through the Communications Center), and a representative from that office will respond to assist the Fire Department.
(4) The Fire Marshal’s office and law enforcement will respond to any nuisance burning when the person will not allow the Fire Department to extinguish the fire.
(5) The Fire Marshal, or a representative of that office, will respond to any illegal burning when needed. The Fire Marshal, or its representative, does not need to be present to extinguish the fire. The Fire Department can extinguish the fire and email any information about the fire to the Fire Marshal’s office, which shall investigate the incident. If there is a problem with the person who is burning illegally, the Fire Marshal, or its representative, shall respond to assist the Fire Department.
(6) If any citations are to be issued that fall under this chapter or the NCBC, then the Fire Marshall, or its authorized representative, shall be responsible for conducting any investigation required and for issuing any citation.
(7) If any costs are incurred in extinguishing of an illegal fire, as provided for herein, then the individual or entity responsible for the illegal fire shall be obligated to reimburse the Fire Marshal’s office or the responding Fire Department for the expense.
(Ord. passed - -; Ord. passed 11-6-2023) Penalty, see § 95.999