(A) Except as provided in division (B) below and § 93.37, open burning shall be prohibited.
(B) Subject to the limitations contained in this section and the restrictions contained in § 93.37, open burning shall be allowed for:
(1) Fires set for the cooking of food for human consumption;
(2) Fires set for recreational or ceremonial purposes;
(3) Small fires set by construction and other workers for comfort heating purposes if:
(a) The ambient temperature is below 50ºF;
(b) Excessive or unusual smoke is not created;
(c) Only clean lumber or vegetative matter is burned; and
(d) The fire is burned in a container not exceeding 55 gallons in size.
(4) Fires set for the purpose of weed abatement, disease, and pest prevention;
(5) Fires set for prevention of a fire hazard, including the disposal of dangerous materials if no safe alternative is available;
(6) Fires set for the purpose of instruction and training of public and industrial employees in the methods of fighting fires, as sat forth in § 93.38:
(7) Fires set for recognized agricultural, silvicultural, range, ecological, and wildlife management practices;
(8) Fires set by individual homeowners for burning of leaves, except in cities greater than 8,000 in population located in a Priority I Region;
(9) Fires for disposal of household rubbish, which shall not include garbage, originating at dwellings of five family units or less, if the fires are maintained by an occupant of the dwelling at the dwelling, except in cities greater than 8,000 in population located in a Priority I Region;
(10) Fires set for the purpose of disposing of accidental spills or leeks of crude oil, petroleum products, or other organic materials, and the disposal of absorbent material used in their removal, if no other economically feasible means of disposal is available and practical. Permission shall be obtained from the cabinet prior to burning;
(11) Fires set for disposal of natural growth for land clearing and maintenance, and trees and tree limbs felled by storms if no extraneous materials, such as tires or heavy oil, which tend to produce dense smoke, are used to cause ignition or aid combustion, and the burning is done on days when conditions do not pose a threat of igniting a forest fire. In regions classified Priority I, with respect to particulate matter pursuant to 401 KAR 60:020, Appendix A, the emissions from these fires shall not be equal to or greater than 40% opacity;
(12) Heating ropes that are set on fire to repair steel rails during cold weather; and
(13) Fires set by county or municipal governments to dispose of wood waste or clean lumber. This activity shall not be considered in violation of 401 KAR 47:030, § 10.
(Ord. 01-2017, passed 2-22-2017) Penalty, see § 93.99
Statutory reference:
Related provisions, see KRS 149.400, 224.10-100, 224.20-100, 224.20-110, 224.20-120