(B) Open burning shall be allowed for the following purposes without notification to or permission from the State EPA:
(1) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs; and
(2) Campfires, recreational fires, including outdoor fires in fireplace equipment or patio appliances, whether for cooking food for human consumption, pleasure, religious, ceremonial, warmth, recreational or similar purposes, if the following conditions are met:
(a) The fires are fueled with clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood;
(b) The fires are not used for waste disposal purposes;
(c) The fires shall have a total fuel area of three feet or less in diameter and two feet or less in height; and
(d) The fires are constantly attended by a person at least 18 years of age 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 O.A.C. 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;
(e) If the fire is a campfire, recreation fire or outdoor fire in fireplace equipment, the fire must be located no closer than 25 feet from any structure and provisions are made to prevent the fire from spreading to within 25 feet of a structure; and
(f) If the fire is in a patio appliance, then in addition to the requirements of (B)(2)(a), (B)(2)(b), (B)(2)(c) and (B)(2)(d) above, the following conditions must also be met:
1. The fire may not be within 15 feet of a structure including a combustible deck or patio, excepting patio appliances that incorporate a screen encompassing all open areas of the burn chamber and are designed to prevent ignition through conduction through its base may be placed on a combustible deck. However, the appliance shall be at least 15 feet from any other structure including the structure that it is attached to;
2. Disposal of hazardous explosive materials, military munitions or explosive devices that require immediate action to prevent endangerment of human health, public safety, property or the environment and that are excluded from the requirement to obtain a hazardous waste permit pursuant to paragraph (D)(1)(d) of Rule 3745-50-45 of the O.A.C.; and
3. Recognized training in the use of fire extinguishers for commercial or industrial fire prevention.
(C) Open burning shall be allowed for the following purposes with prior notification to the State EPA in accordance with paragraph (B) of Rule 3745-19-05 of the O.A.C.:
(1) Prevention or control of disease or pests, with written or verbal verification to the State EPA from the local health department, cooperative extension service, State Department of Agriculture or U.S. Department of Agriculture, that open burning is the only appropriate disposal method;
(2) Bonfires or campfires used for ceremonial purposes that do not meet the standards of division (B)(2) above, provided the following conditions are met:
(a) Bonfires have a total fuel area no greater than five feet in diameter by five feet in height and burn no longer than three hours;
(b) Bonfires are not used for waste disposal purposes;
(c) Bonfires are fueled with clean seasoned firewood, natural gas or equivalent or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood; and
(d) Bonfires shall not be conducted within 50 feet of a structure or combustible material unless the fire is in a barbecue pit. Conditions which could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.
(3) Disposal of agricultural waste generated on the premises if the following conditions are observed:
(a) The fire is set only when atmospheric conditions will readily dissipate contaminants;
(b) The fire does not create a visibility hazard on the roadways, railroad tracks or air fields;
(c) The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on said premises;
(d) The wastes are stacked and dried to provide the best practicable condition for efficient burning; and
(e) No materials are burned which contain rubber, grease, asphalt or liquid petroleum products.
(D) Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA, in accordance with paragraph (A) of Rule 3745-19-05 of the O.A.C., provided that any conditions specified in the permission are followed:
(1) Disposal of ignitable or explosive materials where the State EPA determines that there is no practical alternate method of disposal, excluding those materials identified in paragraph (B)(3) of this rule;
(2) Instruction in methods of fire fighting or for research in the control of fires as recognized by the State Fire Marshal Division of the State Department of Commerce and the guidelines set forth in the National Fire Protection Association’s (NFPA) publication 1403: Standard on Live Fire Training Evolutions, Chapter 4, Acquired Structures, provided that the application required in paragraph (A)(1) of Rule 3745-19-05 is submitted by the commercial or public entity responsible for the instruction;
(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Director and performed as identified in the appendix of this rule. If deemed necessary, the open burning may be authorized with prior oral approval by the Director followed by the issuance of a written permission to open burn within seven working days of the oral approval;
(4) Recognized horticultural, silvicultural, range or wildlife management practices; and
(5) Fires and/or pyrotechnic effects, for purposes other than waste disposal, set as part of commercial film making or video production activities for motion pictures and television.
(Prior Code, § 9.16.04)