(A) For maintenance purposes only and without first obtaining a permit or other authorization, a person may openly burn the following:
(1) Vegetation from a/an:
(a) Farm;
(b) Orchard;
(c) Nursery;
(d) Tree farm;
(e) Cemetery; or
(f) Drainage ditch.
(2) Wood products derived from pruning or clearing a roadside by a county highway department.
(B) Subject to and in strict compliance with the conditions of § 92.23, and other applicable conditions as set forth in this section, the following types of fires are permitted in the town.
(1) Recreational or ceremonial fires, such as fires for scouting activities, and fires used for cooking purposes, such as camp fires, subject to the following conditions:
(a) Only the following may be burned:
1. Clean wood products;
2. Paper;
3. Charcoal; and/or
4. Clean petroleum products.
(b) Any person conducting recreational or ceremonial fires shall notify the local Fire Department and Health Department at least 24 hours prior to any burning if the size of the pile being burned is more than 125 cubic feet and include the date, time, and location of the burning;
(c) Fires shall:
1. Not be ignited more than two hours before the recreational activity is to take place; and
2. Be extinguished upon conclusion of the activity.
(d) The pile to be burned shall be less than or equal to 1,000 cubic feet and only one pile may be burned at a time;
(e) The fires shall not be used for disposal purposes; and
(f) Fires shall not be located within 500 feet of any fuel storage area or pipeline.
(2) Burning, for the purpose of heating, using clean wood products or paper in a noncombustible container that is sufficiently vented to induce adequate primary combustion, and has enclosed sides and a bottom, subject to the following conditions:
(a) Burning shall only occur between October 1 and May 15; and
(b) Burning shall not be conducted for the purpose of disposal.
(3) Burning of vegetation by fire departments and firefighters to create fire breaks for purposes of extinguishing an existing fire. Such burning is not subject to the conditions of § 92.23.
(4) Burning of clean petroleum products, natural gas, methane, or propane for fire extinguisher training, including mobile or stationary training units, subject to the following conditions:
(a) The local Fire Department and Health Department must be notified at least 24 hours in advance of the date, time, and location of the burning;
(b) Except as provided in division (B)(4)(c) below, daily fuel volume amounts burned are limited to one of the following:
1. Fourteen gallons of clean petroleum products;
2. Two hundred and twelve gallons of propane; or
3. Twenty-nine thousand and seven hundred cubic feet of natural gas or methane.
(c) A combination of the fuels listed in division (B)(4)(b) above may be burned each day. The amount of each fuel that can be burned each day shall be determined as follows:
1. The volume of each fuel to be burned each day shall be calculated as a percentage of the maximum volume allowed in division (B)(4)(b) above for that fuel; and
2. The sum of the percentages for each fuel burned each day shall not exceed 100%.
(d) All burning of clean petroleum products shall take place in a noncombustible container or enclosure that has enclosed sides and a bottom;
(e) All burning shall be conducted in such a manner so as to prevent any possibility of soil contamination or uncontrolled spread of the fire; and
(f) Only one fire may be allowed to burn at a time.
(5) Burning of two single-family, non-demolished structures per calendar year by municipal Fire Departments for purposes of live fire training, subject to the following conditions:
(a) Written notification must be submitted to the State Department of Environmental Management, Office of Air Quality, at least 30 days prior to the burning with the date, time, and location of the burning included. A copy of the notification shall be made available at the burning site to state and local officials upon request;
(b) The Fire Department conducting the fire training must provide written notification to each interested party or person owning or renting property within 500 feet of the structure to be burned at least 15 days prior to the training activity or publish a notice of intent to burn in the local newspaper at least 15 days prior to the training activity;
(c) The Fire Department must notify the County Health Department and County Sheriff’s Department at least 24 hours prior to the burning and include the date, time, and location of the burning;
(d) All asbestos-containing materials, asphalt roofing including backer paper, and vinyl siding including Styrofoam backer insulation must be removed before the intentional burning of any structure. These materials may not be burned and must be handled or disposed of in accordance with the applicable rules of the Solid Waste Management Board at 329 I.A.C. 10 and 329 I.A.C. 11;
(e) Mercury-containing equipment and fluorescent bulbs must be removed from the house and properly recycled or disposed of in accordance with the applicable rules of the Solid Waste Management Board at 329 I.A.C. 10;
(f) No burning shall take place within 100 feet of a structure or power line or 300 feet of a frequently traveled road, fuel storage area, or pipeline; and
(g) All burning must comply with other federal, state, or local laws, regulations, or ordinances, including 40 C.F.R. part 61, subpart M* (National Emissions Standards for Asbestos).
(6) Ceremonial burning of United States flags, subject to the following conditions.
(a) Any person conducting ceremonial burning of United States flags shall notify the local Fire Department and Health Department at least 24 hours prior to any burning if the size of the pile being burned is more than 125 cubic feet and include the date, time, and location of the burning.
(b) Fires shall not be ignited more than two hours before the activity is to take place and shall be extinguished upon conclusion of the activity.
(c) The pile to be burned shall be less than or equal to 1,000 cubic feet, and only one pile may be burned at a time.
(d) Fires shall not be located within 500 feet of any fuel storage area or pipeline.
(Ord. 2015-8, passed 9-14-2015) Penalty, see § 92.99