522.01 Definitions.
522.02 Relations to other prohibitions.
522.03 Open burning in restricted areas.
522.04 Permission and notice to open burn.
522.05 Bonfires.
522.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Air pollution control - see Ohio R.C. Ch. 3704
Permit to burn construction debris - see Ohio R.C. 3704.11(C)
Spreading fire through negligence - see Ohio R.C. 3737.62
Open burning - see OAC Ch. 3745
As used in Chapter 3745-19 of the Ohio Administrative Code and this chapter.
(a) "Agricultural waste." Any waste material generated by crop, horticultural, or livestock production practices, and includes such items as woody debris and plant matter from stream flooding, bags, cartons, structural materials, and landscape wastes that are generated in agricultural activities, but does not include land clearing waste; buildings (including dismantled/fallen barns); garbage; dead animals; animal waste; motor vehicles and parts thereof; nor economic poisons and containers thereof, unless the manufacturer has identified open burning as a safe disposal procedure.
(b) "Environment poisons." Include but are not restricted to pesticides such as insecticides, fungicides, rodenticides, matricides, nematodes and fumigants; herbicides; seed disinfectants; and defoliants.
(c) "Garbage." Any waste material resulting from the handling, processing, preparation, cooking and consumption of food or food products.
(d) "Land clearing waste." Plant waste material which is removed from land, including plant waste material removed from stream banks during projects involving more than one property owner, for the purpose of rendering the land useful for residential, commercial, or industrial development. "Land clearing waste" also includes the plant waste material generated during the clearing of land for new agricultural development.
(e) "Landscaping waste." Any plant waste material, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, and crop residues.
(f) "Ohio EPA." The Ohio Environmental Protection Agency Director or agencies delegated authority by the Director of the Ohio Environmental Protection Agency pursuant to R.C. § 3704.03 or the Chief of any Ohio Environmental Protection Agency District Office.
(g) "Open burning." The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. Open burning includes the burning of any refuse or salvageable material in any device not subject to or designed specifically to comply with the requirements of O.A.C. 3745-17-09 or O.A.C. 3745-17-10.
(h) "Residential waste." Any waste material, including landscape waste, generated on the property of a one, two or three family residence as a result of residential activities, but not including garbage, rubber, grease, asphalt, liquid petroleum products, or plastics.
(i) "Restricted area." The area within the boundary of the municipality, plus a zone extending 1,000 feet beyond the boundaries of a municipality having a population of 1,000 to 10,000 persons and a zone extending one mile beyond any municipality having a population of 10,000 persons or more according to the latest federal census.
(j) "Unrestricted area." All areas outside the boundaries of a restricted area as defined in this section.
(Ord. 1882. Passed 9-19-22.)
(a) Notwithstanding any provision in O.A.C. Chapter 3745-19, no open burning shall be conducted in an area where an air alert, warning or emergency under O.A.C. Chapter 3745-25 is in effect.
(b) No provisions of O.A.C. Chapter 3745-19 permitting open burning, and no permission to open burn granted by the Ohio EPA, shall exempt any person from compliance with any section of the Ohio Revised Code, or any regulation of any State department, or any local ordinance or regulation dealing with open burning.
(O.A.C. 3745-19-02)
(a) No person or property owner shall cause or allow open burning in a restricted area except as provided in divisions (b) to (d) hereof or in R.C. § 3704.11.
(b) Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:
(1) Cooking for human consumption.
(2) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
Fires allowed by divisions (b)(l) and (b)(2) of this section shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.
(c) Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA:
(1) Prevention or control of disease or pests, with written or verbal verification to the Ohio EPA from the local health department, cooperative extension service, Ohio Department of Agriculture, or U.S. Department of Agriculture, that open burning is the only appropriate disposal method.
(2) Ceremonial fires provided the following conditions are met:
A. The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours.
B. The ceremonial fires shall not be used for waste disposal purposes.
C. The fuel shall be chosen so as to minimize the generation and emission of air contaminants.
(d) Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA provided that any conditions specified in the permission are followed:
(1) Disposal of ignitable or explosive materials where the Ohio EPA determines that there is no practical alternate method of disposal;
(2) Instruction in methods of fire fighting or for research in the control of fires;
(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA; and
(4) Recognized horticultural, silvicultural, range or wildlife management practices.
(Ord. 1882. Passed 9-19-22.)
Statutory reference:
Open burning in restricted areas, see O.A.C. 3745-19-03
(a) Permission.
(1) An application for permission to open burn shall be submitted in writing at least ten working days before the fire is to be set. Saturday, Sunday and legal holidays shall not be considered a working day. It shall be in such form and contain such information as required by the state's EPA.
(2) Except as provided in divisions (a)(6) and (a)(7) of this section, such applications shall contain, as a minimum, information regarding:
A. The purpose of the proposed burning;
B. The nature of quantities of material to be burned;
C. The date or dates when such burning will take place;
D. The location of the burning site, including a map showing distances to residences, populated areas, roadways, air fields, and other pertinent landmarks;
E. The methods or actions which will be taken to reduce the emissions of air contaminants.
(3) Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the state's EPA that open burning is necessary to the public interest; will be conducted in a time, place and manner as to minimize the emission of air contaminants; and will have no serious detrimental effect upon adjacent properties or the occupants thereof. The state's EPA may impose such conditions as may be necessary to accomplish the purpose of Chapter 3745-19 of the Ohio Administrative Code.
(4) Except as provided in division (a)(6) of this section, permission to open burn must be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by delay while written permission is sought, the fire may be set with oral permission of the state's EPA.
(5) Violations of any of the conditions set forth by the state's EPA in granting permission to open burn shall be grounds for revocation of such permission and refusal to grant future permission, as well as, for the imposition of other sanctions provided by law.
(6) The state's Department of Commerce, Division of State Fire Marshal, may request permission to open burn on an annual basis for the purpose of training firefighters on pre-flashover conditions using the state's fire academy's mobile training laboratory at either the academy or another training sites in the state. The annual application required pursuant to division (a)(1) of this section shall contain information as required in division (a)(2) of this section, except the information required in divisions (a)(2)C. and (a)(2)D. of this section need to be provided unless it is available at the time of submittal of the application. The academy shall contact the appropriate state's EPA district office or local air agency at least five working days before each training session of the date or dates when the training session will take place and its location. Saturday, Sunday and legal holidays shall not be considered a working day.
(7) For open burning defined under Section 522.03(d)(2), permission to open burn shall not be granted unless the applicant provides proof of written notice of intent to demolish received by the appropriate state's EPA field office in accordance with Rule 3745-20-03 of the Ohio Administrative Code.
(b) Notification.
(1) Notification shall be submitted in writing at least ten working days before the fire is to be set. Saturday, Sunday and legal holidays shall not be considered a working day. It shall be in such form and contain such information as shall be required by the state's EPA.
(2) Such notification shall inform the state's EPA regarding:
A. The purpose of the proposed burning;
B. The nature and quantities of materials to be burned;
C. The date or dates when such burning will take place;
D. The location of the burning site.
(3) The state's EPA, after receiving notification, may determine that the open burning is not allowed under Chapter 3745-19 of the Administrative Code and the state's EPA shall notify the applicant to the effect.
(Ord. 1882. Passed 9-19-22.)
Statutory reference:
Permission to individuals and notification to the Ohio EPA, see O.A.C. 3745-19-05
(a) General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
(b) Prohibited Open Burning. Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
(c) Permit Required. A permit shall be obtained from the Fire Code Official in accordance with Rule 1301:7-7-01 of the Ohio Fire Code prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
(d) Authorization. Where required by state or local laws or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
(e) Extinguishment Authority. The Fire Code Official is authorized to order the extinguishment by the permit holder, another person responsible or the Fire Department of open burning that creates or adds to a hazardous or objectionable situation.
(f) Location. The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure.
(g) Exceptions.
(1) Fires in approved containers that are not less than 15 feet (4,572 mm) from a structure.
(2) The minimum required distance from a structure shall be 25 feet (7,620 mm) where the pile size is three feet (914 mm) or less in diameter and two feet (610 mm) or less in height.
A. Bonfires. A bonfire shall not be conducted within 50 feet (15,240 mm) of a structure or combustible material unless the fire is contained in a barbeque pit. Conditions which could cause a fire to spread within 50 feet (15,240 mm) of a structure shall be eliminated prior to ignition.
B. Recreational fires. Recreational fires shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material. Conditions which could cause a fire to spread withing 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition.
C. Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet (3,048 mm) of a structure or combustible material. Exception: Portable outdoor fireplaces used at one- and two-family dwellings.
(h) Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with paragraph (F) (906) of rule 1301:7-7-09 of the Administrative Code with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
(Ord. 1882. Passed 9-19-22.)
Statutory reference:
Ohio Fire Code, general requirements, see O.A.C. 1301:7-7-03