Section
5-2.1 Definitions
5-2.2 Same—enforcement
5-2.3 Same—control and prohibition
5-2.4 Same—burning purpose for fire training
5-2.5 Same—adoption of the North Carolina State Building Code: Fire Prevention Code by reference
Cross-reference:
Condemnation of abandoned structures, see §§ 5-4.7 et seq.
Creation of noise by squibs and the like, see § 7-5.2(Q)
Fire limits, see § 5-3.12
As used in this article, the following terms shall have the respective meanings ascribed to them.
ACQUIRED STRUCTURE. A structure requested by the property owner to be used for the purposes of live fire training.
COMBUSTIBLE MATERIALS. Any substance which when ignited will burn in air.
FIRE OFFICIAL. For the purpose of Fire Code enforcement, FIRE OFFICIAL shall include the County Fire Marshal, when certified and the Town Fire Chief or approved designee.
GARBAGE. Any animal or vegetable waste resulting from the handling, preparation, cooking and serving of food.
OPEN BURNING. Any fire wherein the products of combustion are emitted directly into the outdoor atmosphere and are not directed thereto through a stack or chimney, approved incinerator or other similar device.
REFUSE. Solid or liquid wastes from residences and dwellings, commercial establishments and institutions.
TRADE WASTE. All solid, liquid or gaseous waste, waste materials or rubbish resulting from combustion, salvage operations, building operations or the perpetration of any business, trade or industry, including, but not limited to, plastic products, paper, wood, glass, metal, paint, greases, oil and other petroleum products, chemicals and ashes.
(1989 Code, § 8-1; 2003 Code, § 5-2.1) (Amended 8-6-1991; Ord. passed 3-1-2011)
The Fire Official is charged with the duty of investigating, preventing and abating causes of air pollution and enforcing the provisions of G.S. § 143-215 along with the regulations herein. Any person found to be in willful violation of this article may be held financially/civilly responsible for any cost/damage incurred from the results of the violation. Including, but not limited to, cost of extinguishment both labor and equipment. Any fines incurred/charged shall be at the recommendation of the State Division of Air Quality or a result of non-compliance with cleanup after a scheduled training burn. County Development Services will collect and account for other required fees.
(1989 Code, § 8-2; 2003 Code, § 5-2.2) (Amended 8-6-1991; Ord. passed 3-1-2011)
(A) This regulation is for the purpose of preventing, abating and controlling air pollution resulting from air contaminants released by the open burning of refuse or other combustible material and to reduce the potential for loss of life or property from a hostile fire event. Cooking of food such as, but not limited to, camp fires or outdoor grilling shall be exempt.
(B) No person shall cause, suffer or permit open burning of refuse or other combustible material, except as covered by a variance issued in accordance with permission granted by the Fire Official, pursuant to the authority granted in G.S. § 143.215.
(C) Prevailing winds at the time of burning must be away from any city or town or buildup area, the ambient air of which may be significantly affected by smoke, fly ash or other air contaminants from the burning.
(D) The open burning of yard waste shall be prohibited within the town limits with the exception of the burning location being at least 1,000 feet from any dwelling or structure in a predominately residential area.
(E) The amount of dirt on the materials being burned must be minimized.
(F) Heavy oils, asphaltic materials, items containing natural or synthetic rubber or any material other than plant growth may not be burned.
(G) A variance may be granted for the clearing of commercial property; this would apply only to the organic/vegetation that originated on the developed site. A variance will only be considered if the site meets the following:
(1) In a commercially zoned area;
(2) Greater than two acres;
(3) More than 1,000 feet from any dwelling or structure; and
(4) No other mitigating factors.
(H) It shall be the responsibility of the owner operator of the burning to obtain written approval for burning other than those specified. A variance will require a written description of burn site and amount of burn material submitted to the Fire Official or designee with estimated burn dates/times. Initial burning may be commenced only between the hours of 7:00 a.m and 5:00 p.m. No combustible material shall be added to the burn pile after 5:00 p.m., burning may resume at 7:00 a.m. the following day. The Fire Official reserves the right to review plans and restructure based on mitigating factors such as, but not limited to, weather conditions/site access. Any deviation from the above must have prior written approval from the Fire Official or designee.
(1989 Code, § 8-3; 2003 Code, § 5-2.3; Ord. passed 3-1-2011)
Cross-reference:
Burning garbage prohibited, permit to burn refuse, see § 6-3.8
The Fire Official shall have the authority to authorize and conduct live fire training in acquired structures with written requests and agreement for removal of remaining debris from property owners within the Town Fire District. Documentation of any such event shall be the responsibility of the Fire Official or designee and shall be in accordance with all local and state regulations. Documentation shall be maintained at the town fire station for a period of seven years after the completion of the burn. The property owner shall be responsible for the cleanup of the burn site and must complete same within 90 days of the completion of the training burn unless circumstances approved by the Fire Official require an extension. Failure to do so within the allotted time frame may result in a fine of $100 per day.
(Ord. passed 3-1-2011)
(A) There is hereby adopted by reference and incorporated into this chapter all of the North Carolina State Building Code: Fire Prevention Code as adopted by the N.C. State Building Code Council, including all technical codes adopted by reference and Appendix(ces). Copies of the Fire Prevention Code, and all technical codes and standards adopted by reference, shall be available for public inspection on the Town of Mocksville website.
(B) Amendments to codes and standards adopted by reference herein which are adopted and published by the North Carolina State Building Code Council shall be effective in the town at the time such amendments become a part of North Carolina State Building Code: Fire Prevention Code.
(Adopted 6-1-2021)