(A) OPEN BURNING means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the atmosphere without passing through a stack, chimney or a permitted air pollution control device.
(B) The following types of open burning are permissible outside the primary and secondary fire districts without a permit:
(1) Camp fires and fires used solely for outdoor cooking and other recreational purposes, or for ceremonial occasions; and
(2) Fires purposely set for the instruction and training of firefighting personnel, including fires at permanent firefighting training facilities, or when conducted under the supervision of or with the cooperation of one or more of the following agencies: the Division of Forest Resources, the State Department of Insurance or one of the state community colleges.
(C) The following types of open burning are permissible outside the primary and secondary fire districts with a permit:
(1) Small outdoor warming fires used on constructions sites or other areas, subject to the following conditions:
(a) A permit issued by the Fire Department shall be obtained prior to operating any type of warming fire;
(b) Warming fires shall be initiated and contained in containers approved by the Fire Department at all times, and such containers must be appropriately ventilated in at least three places;
(c) Warming fires shall be attended by a responsible individual at all times;
(d) Warming fires shall be located not less than 25 feet from any structure;
(e) An appropriate means of controlling the fire (i.e., extinguishers) shall be available while the fire is burning; and
(f) Only untreated lumber shall be burned in warming fires.
(2) Burning construction materials like insulation, asphaltic materials or treated lumber is prohibited. Warming fires shall not be used to dispose of paper, trash, excess construction materials or other synthetic salvageable materials.
(3) Fires for the disposal of material generated as a result of a natural disaster, such as tornado, hurricane or flood, if the State Department of Environment and Natural Resources regional office supervisor grants permission for the burning. The person desiring to do the burning shall document to the appropriate DENR regional office supervisor that there is no other practical method of disposal of the waste. Factors that the regional office supervisor shall consider in granting permission for the burning include type, amount and nature of combustible substances.
(Code 2019, § 7-22) (Ord. passed 6-12-1995; Ord. passed 1-25-2016) Penalty, see § 93.99