§ 95.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   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; 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.
   AVAILABILITY. The materials incorporated by reference are available as follows:
      (1)   National Fire Protection Association. Information on the National Protection Association codes may be obtained by contacting the association at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, 617-770-3000. Codes may be ordered www.nfpa.org/catalog/home/index. asp. Copies of the code at most public libraries and “The State Library of Ohio”;
      (2)   Incorporated materials; and
      (3)   NFPA publication 1403; “Standard on Live Fire Training Evolutions, Chapter 4, Acquired Structures”; November 2001 Edition.
   BONFIRE. An outdoor fire utilized for ceremonial purposes that is larger than a recreational fire.
   ECONOMIC POISONS. Includes but are not restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides and fumigants; herbicides; seed disinfectants; and defoliants.
   EMERGENCY BURNING. The burning of clean wood waste or deceased animals caused by a natural disaster or an uncontrolled event, such as the following:
      (1)   A tornado;
      (2)   High winds;
      (3)   An earthquake;
      (4)   An explosion;
      (5)   A flood; or
      (6)   A hail storm, a rain storm or an ice storm.
   GARBAGE. Any waste material resulting from the handling, processing, preparation, cooking and consumption of food or food products.
   LANDSCAPE WASTE. Any plant waste material, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.
   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.
   INCORPORATION BY REFERENCE. This chapter includes references to certain matter or materials. The text of the incorporated materials is not included in the regulations contained in this chapter. The materials are hereby made a part of the regulations in this chapter. For materials subject to change, only the specific version specified in the regulation is incorporated. Material is incorporated as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not incorporated unless and until this rule has been amended to specify the new dates.
   STATE 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.
   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 Rule 3745-17-09 or 374517-10 of the O.A.C.
   PATIO APPLIANCES. Appliances including any devices designed to burn wood and have a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, cooking, warmth or similar purposes. PATIO APPLIANCES may be portable or stationery and includes outdoor fireplaces.
   RECREATIONAL FIRE. Outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. RECREATIONAL FIRES include campfires and any fires burned in makeshift devices for the above purposes.
   RESIDENTIAL WASTE. Any waste material, including landscape wastes, generated on a one-, two- or three-family residence as a result of residential activities, but not including garbage.
(Prior Code, § 9.16.02)