The City of Monroe Fire Chief, or his designee, is hereby authorized to issue permits to allow open burning within the City of Monroe for the following types of fires and under the following conditions:
(A) Campfires;
(B) Outdoor barbecues, that in scope, exceed the exemption for charcoal grills listed under the open burning definition;
(C) Wood bonfires on festive occasions;
(D) Dangerous materials;
(E) Open burning for land clearing under the following conditions:
(1) Prevailing winds are away from any area that may be affected by smoke, ash, or other air pollutants from the burning;
(2) The Location of the burning is at least 1,000 feet from any dwelling, commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted;
(3) The location of the burning is at least 250 feet away from any public roadway, measured from the edge of the pavement.
(F) Training of firefighting personnel;
(G) Demonstrations in public fire education classes or for instructing persons in the operation of fire extinguishers or other fire fighting tactics;
(H) Human warmth and comfort;
(I) Testing and development of fire fighting materials or equipment;
(J) Burning of flammable gasses when in accordance with the North Carolina Department of Environment and Natural Resources regulations during normal maintenance or emergency operations;
(K) Pursuant to a valid permit duly issued by the State of North Carolina Department of Environment and Natural Resources, Air Quality Division.
(L) Other burning that is in accordance with the North Carolina Department of Environment and Natural Resources regulations and deemed appropriate by the City of Monroe Fire Chief or his designee;
(M) Permits issued under the Section shall be issued in the name of the person undertaking the burning who shall be designated the responsible party. Permits shall specify the specific tract, parcel, or area on which the burning is to occur. The responsible party must be in control of the fire and attend the fire at all times.
(N) All open burning permits may be denied by the City of Monroe Fire Chief or his designee, upon a determination by the Fire Chief or his designee, that hazardous fire conditions exist or during ozone action days.
(O) All open burning permits issued pursuant to this Section may be suspended by the City of Monroe Fire Chief or his designee, upon a determination by the Fire Chief or his designee, that hazardous fire conditions exist or during ozone action days.
(P) Any action taken by the City of Monroe Fire Chief, or his designee, pursuant to this Section including but not limited to refusal to issue a burning permit may be appealed, in writing, to the City Manager within ten (10) days of the action taken. The City Manager shall establish a time and place for a hearing within ten days of receipt of the appeal and provide the appealing party with notice of the time and place of the hearing. Notice of the hearing time and place shall be sent first class mail to the appealing party. The City Manager shall conduct the hearing at the time and place established at which time the appealing or aggrieved party will be given an opportunity to be heard. The City Manager shall render a final decision, in writing, within 48 hours of the hearing.
(Ord. O-2003-35, passed 6-17-03)