1511.02 PROHIBITIONS AND RESTRICTIONS.

   No person shall cause or allow open burning within the City except as hereinafter provided:

   (a)    Open burning shall be allowed for the following purposes:

      (l)    Cooking food for human consumption.

      (2)    Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers, smudge pots and similar occupational needs.

      Fires allowed by this subsection shall not be used to burn garbage, landscape waste or any other waste material and shall be of minimum size sufficient for their intended purpose. The fuel used shall be a clean fuel; that is, a fuel chosen to minimize the generation of odor and emission of air contaminants.

   (b)    Open burning shall be allowed for the following purposes with prior notification to both the Mansfield Fire Division and the Mansfield-Richland County Health Department, as provided by Ohio Administrative Code 3745-19-05:

      (l)   Prevention or control of disease or pests.

      (2)    Ceremonial purposes. Ceremonial fires shall be less than five feet by five feet by five feet and shall burn no longer than three hours.

      Fires allowed by this section shall not be used to burn garbage, landscape waste or any other waste material. The fuel used shall be a clean fuel; that is, a fuel chosen to minimize the generation and emission of air contaminants.

   (c)    Open burning shall be allowed for the following purposes upon receipt of written permission from the Mansfield-Richland County Health Department:

      (l)    Disposal of hazardous or toxic materials where the Ohio Environmental Protection Agency determines that there is no practical alternate method of disposal.

      (2)    Instruction in methods of fire fighting or for research in the control of fire.

      (3)    In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio Environmental Protection Agency.

      (4)    Recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production. (Ord. 80-431. Passed 12-2-80.)

   (d)    (1)    Open burning shall be allowed and permits issued therefor by the Fire Chief, upon written application to contractors engaged in the construction of buildings for the open burning of construction debris only on the construction site, lot or recorded plat referred to in the permit application, if such burning is supervised by an employee at all times. Construction debris which may be burned under this subsection shall be limited to natural wood, lumber, paper, cardboard and wooden boxes but not including any product having a rubber or petroleum base. No fire shall be started until the site is inspected by the Fire Department and a permit is issued. Fires shall be hand fed and shall be started after sunup and extinguished before sundown. Fires shall not be started at any time or place when or where a fire hazard would result.

      (2)    No contractor shall burn construction debris under a permit issued pursuant to subsection (d)(1) hereof during an air pollution alert, warning or emergency for the area of the construction site.

         (Ord. 88-067. Passed 3-1-88.)

   (e)    A citation to any violation of this section may be issued on the site by any officer of the Police Division or any officer of the Fire Division authorized and provided for by Section 141.01 of the Administrative Code.

      (Ord. 80-431. Passed 12-2-80. )

1511.03 PERMIT FEE.

   The Bureau of Buildings, Inspections, Licenses and Permits shall collect the following fee, which is hereby established, before issuing the permit required under Section 1511.02(d); provided that governmental agencies and political subdivisions shall not be required to pay such fee:

 

Permit	Fee
Contractors open burning on-site	$50.00 (per site)

(Ord. 13-022. Passed 1-15-13.)

1511.04 PERMIT LIMITATION AND DURATION.

   Each permit issued under Section 1511.03 shall apply to only one construction site as defined and shall be effective for a period of time expiring on the same date as the expiration of the building permit, including any extension or renewal thereof, for that site.

(Ord. 88-067. Passed 3-1-88.)

1511.99 PENALTY.

   (a)    Whoever causes or allows open burning in violation of this chapter is guilty of a-misdemeanor of the third degree per day of burning and shall be liable for the cost of proper disposal of the material burned.

   (b)    Whoever causes or allows open burning in a second or subsequent violation of this chapter is guilty of a misdemeanor of the first degree per day of burning and shall be liable for the cost of proper disposal of the materials burned.

   (c)    The cost of proper disposal of the materials burned shall be the amount it would have cost to dispose of the materials in a manner that is consistent with the air, water and solid waste laws, ordinances and regulations of the City and the State.