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(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)
(A) The City of Madison Fire Prevention Code (currently adopted version).
(B) The Indiana Fire Code (currently adopted version).
(C) The Indiana Department of Environmental Management (IDEM), ARTICLE 4. BURNING REGULATIONS - Rule 1. Open Burning.
(D) The Indiana Department of Natural Resources.
(E) The United States Environmental Protection Agency (EPA).
(F) The State of Indiana, IC 13-17-9 - Chapter 9. Open Burning.
(Ord. 2011-8, passed 4-5-11; Am. Ord. 2017-7, passed 7-5-17)
(A) If any person, firm, or corporation shall violate any of the provisions of §§ 92.20
through 92.34
, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Fire Chief, or shall fail, neglect, or refuse to obey any lawful order given by the Fire Chief in connection with the provisions of these sections, for each such violation, failure, or refusal, such person, firm, or corporation shall be fined in any sum not less than $25, nor more than $500. Each day of such unlawful activity as is prohibited by this section shall constitute a separate offense. (Ord. 1988-18, passed 11-15-88; Am. Ord. 1995-12, passed 6-6-95)
(Ord. 1989-3, passed 5-2-89; Am. Ord. 2011-8, passed 4-5-11; Am. Ord. 2017-7, passed 7-5-17)