(a) Notwithstanding any other provision of Ohio R.C. Chapter 3704 or any rule adopted pursuant thereto and upon application to the Fire Department, the Municipality shall issue permits to contractors engaged in the construction of buildings, or the property owner, for the open burning of construction debris only on the construction site, lot or recorded plat referred to in the permit application, if such building is supervised by an employee at all times. Construction debris which may be burned under this section shall be limited to natural wood, lumber, paper, cardboard and wooden boxes but not including any product having a rubber or petroleum base. The Municipality may make rules applicable to issuance and use of permits as are reasonably necessary to guarantee the public health and safety and necessary to ensure the efficient operation of the permit system, and such rules may contain a schedule of fees for the permits. The Municipality may revoke a permit for violation of any provision of this section or any rule adopted by the Municipality pursuant thereto. Annually, in accordance with a schedule specified by the Ohio Director of Environmental Protection, the Municipality shall report to the Director the number of permits issued, renewed and revoked for the preceding calendar year.
(b) No contractor or property owner shall burn construction debris under a permit issued pursuant to subsection (a) hereof during an air pollution alert, warning or emergency as declared by the Ohio EPA or the Lordstown Fire Department for the area of the construction site until the air pollution alert, warning or emergency has subsided.
(c) The property owner or general contractor shall submit a fee of ten dollars ($10.00) with the application for a permit for open burning on the construction site of a one, two or three family dwelling. The fee for a permit for all other structures shall be twenty dollars ($20.00).
(d) For the purposes of this section, “natural wood” means all trees, including tree stumps, and limbs as well as herbaceous material which is cleared from a construction site and the roads or other means of access to the site.
(e) Whoever violates this section is guilty of a minor misdemeanor on a first offense and on each subsequent offense shall be guilty of a misdemeanor of the fourth degree.
(Ord. 95-79. Passed 12-17-79.)