For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ADEQUATE FIRE SUPPRESSION EQUIPMENT.” Equipment sufficient and appropriate under the circumstances to completely extinguish the fire.
“CEREMONIAL FIRE.” An open burning fire used for ceremonial purposes, including Twelfth Night ceremonies, school rallies, scouting events, religious ceremonies and similar types of events where the size of the material pile to be burned is larger than 18 cubic feet, as permitted by the recreational fire definition, but may not exceed a maximum size of 1,000 cubic feet.
“CITY.” The City of Madison, Indiana; a municipal corporation established under Indiana statutes, unless otherwise defined in a specific section.
“CLEAN PETROLEUM PRODUCTS.” An uncontaminated, refined petroleum product, such as kerosene or diesel fuel, not previously used in any application.
“CLEAN WOOD PRODUCTS.” Wood products, including vegetation, that are not coated with stain, paint, glue, or other coating material and which have not been treated with a chemical preservative.
“COMBUSTIBLE AND FLAMMABLE WASTE.” All waste substances, solid and liquid, capable of burning, including, but not limited to, the following types of materials: animal carcasses, asbestos, cardboard, excelsior, fabric, garbage, grasses, greases, hazardous materials, leaves, medical wastes, oils, including new and used motor oil, oil base paint, shellac, paint thinner, lacquers, petroleum products, including gasoline and diesel fuel, paper, plastics, rags, refuse, rubber, tar, vinyl, wood, wood products that have been painted, stained or otherwise chemically treated, including railroad ties, yard waste, any materials listed in § 92.41
, “PROHIBITED MATERIALS,” and any materials capable of being burned.
“DECLARED NATURAL DISASTER.” An official declaration of a natural disaster issued by the Governor of the State of Indiana and/or the President of the United States.
“EMERGENCY BURNING.” The open burning, with prior oral approval of the [IDEM] Commissioner or the Commissioner’s designated agent, of:
(1) Spilled or escaping liquid or gaseous petroleum products when all reasonable efforts to recover the spilled material have been made and failure to burn would result in an imminent fire or health hazard or air or water pollution problem; or
(2) Clean wood waste, vegetation, or deceased animals resulting from a natural disaster where failure to burn would result in an imminent health or safety hazard.
“EPA.” The Environmental Protection Agency of the United States of America, a federal agency.
“FEDERAL.” The government of the United States of America or an agency thereof unless otherwise defined in a specific section.
“FIRE CHIEF.” The Chief of the City of Madison Fire Department and, where applicable, the other appointed and sworn officers of the City of Madison Fire Department, unless otherwise defined in a specific section.
“FIRE SUPPRESSION TRAINING.” Open burning conducted for the purpose of providing certified or OSHA-required fire training.
“HAZARDOUS MATERIALS.” Those chemicals or substances, which are known to be physical or health hazards, or defined and classified as such by State or nationally recognized agencies, whether or not the materials are in usable or waste form.
“IAC.” The Indiana Administrative Code.
“IC.” The Indiana Code (state statute).
“IDEM.” The Indiana Department of Environmental Management, a State of Indiana agency.
“IDNR.” The Indiana Department of Natural Resources, a State of Indiana agency.
“MEDICAL WASTE.” Solid or liquid waste that is generated as the result of the diagnosis, treatment or immunization of humans and animals, or in the production of testing of biological products. The materials may include blood, tissue, scalpels, bed linens, bandages, hypodermic needles, surgical materials, body parts, and the like.
“NATURAL REFUSE.” Vegetation derived from natural growth and not man-made, including branches, grasses, grass cuttings, leaves, plants, shrubbery prunings, trees, tree roots, trimmings and the like.
“NONPUTRESCIBLE WASTE.” Material(s) that cannot be decomposed by biological methods.
“OPEN BURNING.” The burning of any materials wherein the products of combustion, including smoke, ash and other particulate matter, are emitted directly into the atmosphere, without passing through a stack or chimney from an enclosed chamber.
“OPEN BURNING APPROVAL.” An authorization or variance granted by a state or federal agency, but not by the city, permitting open burning that is not exempt or allowed by law. No provision in this subchapter permits the city to issue an authorization or variance from the requirements contained herein.
“OPEN BURNING, AUTHORIZED.” The burning of any materials not prohibited by this subchapter in a manner conforming to the applicable requirements found herein.
“OPEN BURNING, UNAUTHORIZED.” The open burning of any type of material prohibited by this subchapter and/or in a manner prohibited by this subchapter.
“OSHA;” “IOSHA.” “OSHA” means the Occupation Safety and Health Administration, a federal agency; and “IOSHA” means the Indiana Occupational Safety and Health Administration, a State of Indiana agency.
“POLICE CHIEF.” The chief of the City of Madison Police Department unless otherwise defined in a specific section.
“RECREATIONAL FIRE.” An outdoor open burning fire, with a fuel size no larger than 18 cubic feet, constructed for the purpose of food preparation, warmth, light, pleasure or other recreational purpose. Included are bonfires, fire pits, fire rings, and the like, and which utilize clean wood products, charcoal, natural gas or propane (LP) gas as fuel.
“REFUSE.” Any waste materials or rubbish that is capable of being burned, including all nonputrescible wastes.
“STATE.” The State of Indiana, and the agencies thereof, unless otherwise defined in a specific section.
“YARD WASTE.” See “NATURAL REFUSE.”
(Ord. 2011-8, passed 4-5-11; Am. Ord. 2017-7, passed 7-5-17)