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(A) The subject matter contained in this subchapter is applicable only to open burning fires as defined in § 92.44 unless otherwise noted.
(B) Unless otherwise referenced, this subchapter does not regulate the operation and use of asphalt kettles, barbecue grills, fireworks, incinerators having an enclosed burn chamber where the products of combustion exit into the atmosphere through a stack or chimney, outdoor fireplaces, pyrotechnics, railroad fusees, road flares, roofing kettles, smudge pots, or similar devices regulated as set out elsewhere in other codes, rules, or statutes.
(Ord. 2011-8, passed 4-5-11; Am. Ord. 2017-7, passed 7-5-17)
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)
The following types of open burning fires are permitted, provided that the burning is in compliance with the requirements set forth in § 92.46:
(A) Ceremonial fires, including Twelfth Night Ceremonies, school rallies, scouting activities, religious ceremonies, and similar types of fires;
(B) Fire suppression training;
(C) Burning of natural refuse only derived from land clearing operations resulting in a change of land usage (i.e., agricultural to industrial, vacant to residential development);
(D) Burning of natural refuse and/or clean wood waste resulting from a declared natural disaster;
(E) Emergency burning. The open burning of materials deemed hazardous as permitted by the state and/or federal government;
(F) Recreational fires;
(G) Open burning fires permitted and regulated by IC 13-17-9, IC 13-17-9-1, IC 13-17-9-2, and IC 13-17-9-3; and
(H) Warming fires.
(Ord. 2011-8, passed 4-5-11; Am. Ord. 2017-7, passed 7-5-17)
(A) Burning shall be in compliance with the most recently adopted versions of all applicable requirements of the State of Indiana and its applicable agencies, the federal government and its applicable agencies, the Indiana Fire Code, the City of Madison Fire Prevention Code, and other agencies of jurisdiction, and/or applicable ordinances and statutes.
(B) The Chief of the Fire Department or, in his or her absence, the sworn fire officers of the Fire Department, are empowered to prohibit any and all types of outside open burning whenever conditions or circumstances make such burning hazardous.
(C) No open burning shall be conducted during unfavorable meteorological conditions, such as temperature inversions, high winds, air stagnation, dry periods or declared droughts, and the like, or when prohibited by an order issued by the state or federal government, including when a pollution alert or ozone action day alert has been issued.
(D) Open burning fires which create an air pollution problem, a nuisance, or a fire hazard shall be extinguished immediately.
(E) Open burning fires shall only be conducted during daylight hours, except that open burning fires permitted in § 92.45(A), (B), (E), and (F) maybe conducted after sunset.
(F) All permitted open burning fires shall be attended at all times by a competent adult until completely extinguished. It shall be the responsibility of this person to conduct the burning in a safe manner in conformance with all applicable requirements, to provide adequate fire suppression equipment as defined in § 92.44, and to completely extinguish the fire at the end of the scheduled burning period.
(Ord. 2011-8, passed 4-5-11; Am. Ord. 2017-7, passed 7-5-17) Penalty, see § 92.99
(A) Fires celebrating Twelfth Night ceremonies, school rallies, scouting activities, and similar types of fires (definition § 92.44).
(1) The Chief of the Fire Department and the County Health Department shall be notified at least five days before any open burning begins, if the size of the material pile to be burned exceeds 125 cubic feet. No single material pile shall exceed 1,000 cubic feet in size.
(2) The required notification shall be in writing (letter, e-mail, or FAX) and shall include the following information: the name of the organization conducting the open burning; the date and time period of the fire; the name of the adult who will be in charge of the open burning; the exact location of the fire; a statement that adequate firefighting equipment, as defined § 92.44, will be provided and used to extinguish the fire at the end of the burning period.
(3) Open burning fires permitted in § 92.45(A) and (B) are only permitted to use clean wood products, paper, and charcoal as fuel. A small amount of clean petroleum products may be used to assist in igniting the fire.
(4) Open burning fires authorized in this section shall, under no circumstances, be used as a means of waste disposal, and only those materials as set out in division (A)(3) of this section may be used as fuel.
(B) Fire training (definition: § 92.44).
(1) he Chief of the Fire Department and the County Health Department shall be notified a minimum of five days prior to the scheduled date of the open burning.
(2) If an open burning approval, variance or other authorization is required from a State of Indiana agency or an agency of the federal government, a copy of the applicable document shall be filed with the Fire Chief and the County Health Department a minimum of five days prior to the scheduled date of the open burning.
(3) All open burning shall comply with § 92.46.
(4) The types of materials that may be burned and the manner of burning are described in the Indiana Administrative Code, Article 4. Burning Regulations, Rule 1. Open Burning, 326 IAC 4-1-3 (8).
(5) Open burning fires permitted under this section shall not be used as a means of waste disposal and structures or remnants of structures shall be burned.
(C) Land clearing operations (definition: § 92.45(C)).
(1) Open burning fires permitted by this section require an open burning approval, variance, or other authorization from the State of Indiana, and a copy of the document shall be filed with the Chief of the Fire Department and the County Health Department at least five days before any open burning authorized by the section begins.
(2) Only materials and methods permitted by the state open burning approval and/or variance shall be utilized, and burning shall also comply with § 92.46.
(D) Burning of materials resulting from a declared natural disaster (definition: § 92.45(D)). All open burning fires permitted under this section require an “open burning approval” as required by Indiana Administrative Code, 326 IAC 4-1-0.5(7), and shall comply with all other applicable requirements of this subchapter.
(E) Recreational fires (definition: § 92.44)
(1) Prior approval of recreational fires is not required, provided that the burning is in compliance with § 92.46.
(2) The size of the fire shall not exceed 25 cubic feet at any time, and the permitted fuel may be replenished as required, but not immediately prior to extinguishment.
(3) Recreational fires shall not be used as a means of waste disposal.
(F) Emergency burning (definition: § 92.44). All open burning fires permitted under this section shall comply with Indiana Administrative Code 326 IAC 4-1-4, Emergency Burning, without exception.
(G) Warming fires (definition § 92.44). The burning shall only be permitted in a non-combustible container that is sufficiently vented to induce adequate primary combustion, and has enclosed sides and a bottom.
(1) Permitted fuels are clean, untreated wood products, paper, charcoal, natural gas, or propane (LP) gas only.
(2) The burning shall only be permitted between October 1 and May 15.
(3) The burning shall not be used as a means of refuse and/or waste disposal.
(4) The burning shall be subject to any other requirements or regulations found in this subchapter or other rules, code, statutes or regulations as set out elsewhere.
(5) The specific reference is 326 IAC 4-1-3 Exemptions, Sec. 3(a)(1)(1)(6).
(Ord. 2011-8, passed 4-5-11; Am. Ord. 2017-7, passed 7-5-17) Penalty, see § 92.99
The following listed personnel are hereby empowered to enforce the provisions of this subchapter:
(A) The sworn fire officers of the city, including the Fire Chief, Deputy Chiefs, Assistant Chiefs, Battalion Chiefs, and Division Chiefs; and
(B) The Police Chief and the sworn officers of the Police Department.
(Ord. 2011-8, passed 4-5-11; Am. Ord. 2017-7, passed 7-5-17)
(A) Conflicts. Should a conflict arise between any section of this subchapter and any state or federal statute, code, rule or regulation, then the most stringent section of this subchapter, or state or federal statute, code, rule or regulation prohibiting open burning shall take precedence, except as set out in division (B) of this section.
(B) Exceptions. State or federal statutes, codes, rules, or regulations that specifically permit certain types of open burning, such as designated in IC 13-17-9 and others as applicable.
(Ord. 2011-8, passed 4-5-11; Am. Ord. 2017-7, passed 7-5-17)
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