It shall be unlawful for any person to burn or cause to be burned on any private property outside of any building, any paper, trash, refuse, or other combustible material except for the following exceptions:
(a) Burning in an approved furnace or incinerator designed for that purpose with proper controls at a temperature in the range of 1600 degrees Fahrenheit to 2400 degrees Fahrenheit and which complies with the regulation of the State Health Department and the stack emission limits as set forth by the West Virginia Air Pollution Control Commission;
(b) Open burning of trees from large land clearing operations, provided that trees are cut and piled and further provided that all of the following conditions are met:
(1) There is no practical alternative method of disposing of the material;
(2) The health, safety, comfort and property of persons are protected from the effects of such burning;
(3) The owner of the property has a permit from the West Virginia Pollution Control Commission for such burning;
(4) The owner of the property has a permit from the New Cumberland Fire Department for such burning;
(c) Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires, provided that approval to conduct such burning is received from the West Virginia Air Pollution Control Commission;
(d) The use of charcoal in a grill or fireplace for cooking purposes.
Notwithstanding the foregoing exceptions to open burning, no open burning shall be done within 100 feet of any building or other structure, except charcoal grills, which may be used within ten feet of a building. Due care and proper precautions must be taken to prevent burning matter or embers from being blown or otherwise cast upon any public or private property.
(Ord. 02-006. Passed 5-7-02.)