(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