(A) Open burning, recreational fires and portable outdoor fireplaces. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this § 153.07.
(B) Bonfires, campfires, and outdoor fireplace equipment, whether for cooking food for human consumption, pleasure, religious, ceremonial, warmth, recreational, or similar purposes are allowed as long as the fire is composed only of clean, seasoned firewood, is not set for waste disposal purposes, and is not larger than three feet by three feet.
(C) Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous.
(1) Exception: Setting a backfire for the purpose of reducing the impact of wildland fire as set forth in R.C. §§ 1503.11 and 1503.22 or from any prescribed burn operations authorized under R.C. § 1503.18(c).
(2) Exception: fires set by Fire Department staff to train firefighters, to dispose of certain ignitable or explosive materials, or to dispose of poisons such as pesticides and their containers are allowed with prior written permission from Ohio EPA.
(3) Exception: Fires intended to control disease or pests may be set if the local health department, the Ohio Department of Agriculture, or the U.S. Department of Agriculture verifies to Ohio EPA that open burning is the only appropriate control methods.
(D) Ban on open burning, recreational fires, and portable outdoor fireplaces.
(1) The burning of yard waste, commercial waste, construction waste, debris waste, demolition waste, garbage, industrial waste and junk is strictly prohibited.
(2) No open burning or recreational fires shall occur and no portable outdoor fireplaces shall be used in any area where a ban is in effect or at any time during a period when the State Fire Marshal has issued a ban.
(3) No permit authorizing open burning, recreational fires or the use of portable outdoor fireplaces shall be issued during any time or in any area where a ban has been issued by the State Fire Marshal.
(a) Exception: A permit authorizing open burning, recreational fires, or the use of portable outdoor fireplaces may be issued for any area, if any, that is not subject to the ban.
(4) Nothing in this division shall prohibit a local code official with authority to do so from issuing a local ban on open burning, recreational fires, or the use of portable outdoor fireplaces at any time when conditions warrant, including during times when the State Fire Marshal has issued a ban as long as the local ban does not contradict the ban issued by the State Fire Marshal.
(5) Permit required. A permit shall be obtained from the Fire Department in accordance prior to kindling a fire for recognized cultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
(6) Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
(7) Extinguishment authority. Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation.
(8) Location. The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure. Unless one of the following exceptions applies:
(a) Fires in approved containers that are not less than 15 feet (4,572 mm) from a structure.
(b) The minimum required distance from a structure shall be 25 feet (7,620 mm) where the pile size is three feet (914 mm) or less in diameter and two feet (6,101mn) or less in height.
(9) Bonfires. A bonfire shall not be conducted within 50 feet (15,240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet (15,240 mm) of a structure shall be eliminated prior to ignition.
(10) Recreational fires. Recreational fires shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition.
(a) Fire pits. Recreational fires conducted in gas-fired recreational pits shall not be conducted within 15 feet of a structure or combustible materials.
(11) Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet (3,048 mm) of a structure or combustible material.
(12) Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with paragraph (F)(906) of rule 1301:7-7-09 of the Administrative Code with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
(E) Definitions. The following words shall have the meaning set forth herein:
COMMERCIAL WASTE. All solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, waste resulting from the operation of stores, markets, office buildings, restaurants and shopping centers.
CONSTRUCTION WASTE. Solid waste that is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings and other structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials shall be in accordance with the Ohio EPA Regulations.
DEBRIS WASTE. Wastes resulting from land clearing operations. Debris wastes include but are not limited to stumps, wood, brush, leaves, soil and road spoils.
DEMOLITION WASTE. Solid waste which is produced by the destruction of structures, or their foundations, or both, and includes the same materials as construction waste.
GARBAGE. Readily putrescible discarded materials composed of animal, vegetable or other organic matter.
HAZARDOUS WASTE. As described in 9VAC20-60 (Hazardous Waste Management Regulations).
HOUSEHOLD WASTE. Any waste material, including garbage, trash and refuse derived from households. For purposes of this regulation, households include single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. Household wastes do not include sanitary waste in septic tanks (septage) which is regulated by other state agencies.
INDUSTRIAL WASTE. Any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include but is not limited to waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
JUNK. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
(Ord. 22-2021, passed 5-11-21; Am. Ord. 64-2022, passed 10-11-22)