(A) Permits required. Permits are required for burning of leaves, tree branches or yard trimmings originating on the premises.
(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 to be burned should be done in a safe manner. This would also include bonfires for different events. Bonfires used for ceremonial and religious purposes (schools, civic groups, 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 COLFPPO.
(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 the fire 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 the fire is extinguished.
(C) Permit issuance procedure. Outdoor burning which includes, 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, may require the following.
(1) A site inspection may be required before burning is to be done.
(2) 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.
(3) It will be the responsibility of the applicant to keep this permit available at the burn site at all times.
(D) Nuisance burning.
(1) If 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 property or structure other than the property on which the burning is done, the smoke and odors do not rise, hangs close to the ground, crosses a street or highway and causes a hazard, and 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 which includes but is 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 the city’s Fire Marshal office in conjunction with the State Forest Service.
(4) Wilful neglect and/or wilful violations of the Fire Prevention Code shall be subject to a civil citation. Any action shall be brought to the Fire Marshal with proper documentation to be acted upon.
(E) Burning ban.
(1) In the event that the city’s Fire Marshal’s office issues a ban on outdoor burning within 100 feet of a structure, then in accordance to 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 city’s Fire Marshal’s office. During this 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 city’s Fire Marshal’s office in the event that atmospheric conditions or local circumstance 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
(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
(c) The proximity of adjacent structures or other hazards.
(4) In the event a burning ban is issued, all permit holders shall be notified through the news media and in person that the permit is invalid and fires shall be extinguished immediately. In conjunction with North Carolina Forest Service burning ban the city’s 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 Fire Marshal’s office that the ban is in effect and that no permits will be issued until the ban is lifted and 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 and fires when burning bans are in effect or all other fires that fall under these regulations, the N.C.B.C. and the state regulations.
(1) The responding Fire Department has the authority to extinguish any fires that does not meet this chapter, the N.C.B.C., state regulations which includes but are not limited to illegal fires, nuisance burning, 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 these regulations, the N.C.B.C., state regulations which include but are not limited to illegal fires, nuisance burning, fires when burning bans are in effect. If any citations are to be issued that fall under these regulations it will be done by the Fire Marshal’s office.
(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 refuses to let the Fire Department extinguish the fire(s) then the Fire Department can have the Fire Marshal’s office paged and a representative from that office will respond to assist the Fire Department.
(4) The Fire Marshal’s office 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 a representative of that office does not need to be present to extinguish the fire. The Fire Department can extinguish the fire and fax any information about the fire to the Fire Marshal’s office and they will investigate it. If there is a problem with the person who is burning illegally, the Fire Marshal or a representative of that office will respond to assist the Fire Department.
(6) If any citations are to be issued that fall under these regulations or N.C.B.C. it will be conducted by the Fire Marshal’s office.
(Ord. O-02-08, passed 6-5-2008) Penalty, see § 151.999