§ 50.005 OPEN BURNING RESTRICTED.
   (A)   General. No person shall allow, cause or permit open burning of combustible materials; except that, the following shall be permitted:
      (1)   Disaster rubbish. The open burning of rubbish, including landscape waste (excluding leaves), for the duration of the community disaster period in cases where an officially declared emergency condition exists;
      (2)   Diseased trees. The open burning of diseased trees. However, when the burning of diseased trees causes a nuisance appropriate action may be taken to require relocation of the burning operation. Permit shall be required from the City Fire Department. Rubber tires shall not be used to ignite diseased trees;
      (3)   Flare stacks. The open burning or flaring of waste gases; provided, such open burning or flaring is conducted in compliance with applicable rules of the state department of water, air and waste management. Permit shall be required through the City Fire Department;
      (4)   Landscape waste. The burning of landscape waste (excluding leaves) produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth mile from any inhabited building. Rubber tires shall not be used to ignite landscape waste. Permit shall be required from the City Fire Department. Exception: single-family homes on property one acre or larger and the landscape waste is generated on said property. The area intended to be burned shall be at least 200 feet from any inhabitable structure. Permit shall be required from the City Fire Department;
      (5)   Recreational fires. Open fires for cooking, heating, recreation and ceremonies; provided, they comply with the limits for emission of visible air contaminants established by the State Department of Water, Air and Waste Management.
         (a)   A recreational fire shall not be conducted within 25 feet of a structure or combustible materials. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated. Exception:
            1.   One- and two-family dwellings; and
            2.   Campgrounds that meet applicable zoning requirements for the city and meet NFPA 1194 Recreational Vehicle Parks and Campgrounds, § 6.1.6 Campfire Locations.
         (b)   Fires shall be no larger than four feet in diameter and flames shall be no larger than two feet high and be contained in a non-combustible ring.
         (c)   A portable fire extinguisher or other extinguishing equipment, such as a garden hose must be readily available.
         (d)   Fires shall be constantly attended until fire is extinguished.
         (e)   No burning is permitted if the wind speed exceeds 15 mph.
         (f)   Fuel shall be limited to natural grown forms of wood, dried, split or sawn to lengths no greater than four feet. No processed wood such as 2x4s, plywood, pallets, building materials and the like may be burned.
      (6)   Portable outdoor fireplaces/open-flame cooking devices. Portable outdoor fireplaces, charcoal burners and other open-flame cooking devices shall be used in accordance with the manufacturer’s instructions. Portable outdoor fireplaces shall not be operated within 15 feet of a structure or combustible material. Same rules shall apply as with recreational fires. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within ten feet of combustible construction. Exceptions:
         (a)   One- and two-family dwellings;
         (b)   Where buildings, balconies and decks are protected with an automatic sprinkler system; and
         (c)   LP-gas cooking devices having LP-gas container with a water capacity not greater than two and one-half pounds [nominal one pound LP- gas capacity].
      (7)   Training fires. Fires set for the purpose of bona fide training of public or industrial employees in fire fighting methods; provided that, the Executive Director of the State Department of Water, Air and Waste Management receives notice in writing at least one week before such action commences.
   (B)   Variance. Any person wishing to conduct open burning of materials not exempted herein may make application for a variance to the Executive Director of the Department of Natural Resources.
   (C)   Enforcement. The City Fire Chief or his or her designee shall have authority to enforce all provisions of this section pursuant to Iowa Code § 364.22.
   (D)   Violation. Any open burning occurring which is determined by the Chief or his or her designee to be injurious to the health of occupants of surrounding property or which is determined by the Chief or their designee to constitute a hazardous condition, or any open burning of prohibited items is a violation of this section. The City Fire Chief or their designee is authorized to require that open burning in violation of this section be immediately discontinued and shall, if necessary, extinguish the fire.
(2011 Code, § 25.0105) (Ord. 2197, passed 9-25-2012; Ord. 2200, passed 10-25-2012) Penalty, see § 50.999