§ 92.151 EXCEPTIONS.
   (A)   The following types of fires are permitted with prior approval of the Fire Chief, or his or her designee:
      (1)   Fires used for celebrating Twelfth Night Ceremonies.
      (2)   Fires used for celebrating school pep rallies.
      (3)   Fires used for celebrating scouting activities.
      (4)   Fires used for recreational or cooking purposes.
   (B)   All exempted fires, including fires for cooking or recreational purposes, shall be subject to the following:
      (1)   Only wood products shall be burned.
      (2)   Fires shall be attended at all times, until completely extinguished.
      (3)   If fires create an air pollution problem, a nuisance, or a fire hazard, they shall be extinguished.
      (4)   No burning shall be conducted during unfavorable meteorological conditions such as temperature inversions, high winds, air stagnation, and the like.
      (5)   Burning shall be a minimum of 25 feet from any combustible material or any structure.
   (C)   Burning with prior approval of the Fire Chief, or his or her designee, may be authorized for the following:
      (1)   Burning of refuse consisting of material resulting from a natural disaster.
      (2)   Burning for purposes of fire training.
      (3)   Emergency burning of spilled petroleum products when all reasonable efforts to recover the spilled material have been made and failure to burn would result in an imminent fire hazard or water pollution problems.
      (4)   Burning of highly explosive or other dangerous materials for which no alternative method exists or where transportation of such materials is impossible.
      (5)   Prescribed burning of native vegetation, i.e., prairie grass, in accordance with the requirements of the Indiana Department of Environmental Management (IDEM) and in accordance with 326 IAC 4.
      (6)   Agricultural burning on agricultural properties for maintenance purposes in accordance with 326 IAC 4-1-3.
      (7)   Old or tattered American Flags, which are not in a condition to provide a fitting emblem for display, shall be destroyed in a dignified manner. Cotton flags may be burned in an appropriate manner by an approved organization in a Flag Burning Ceremony. Approved organizations include Veterans of Foreign Wars (VFW), the American Legion, the Knights of Columbus, the Elk’s Lodge, the Boy Scouts of America, and the Girl Scouts of America. The Indiana Department of Environmental Management (IDEM) does not allow the burning of nylon flags in the State of Indiana. The City of Noblesville Fire Department encourages the recycling of all nylon flags.
      (8)   (a)   Due to the unique hazards associated with the methods of burning described in this division (C), the Fire Chief, or his or her designee, may require additional measures to ensure the public safety including but not limited to:
            1.   Standby fire personnel.
            2.   Standby fire apparatus and equipment.
            3.   Increased minimum separation distances and/or specific burning containers.
         (b)   The financial costs associated with these additional requirements shall be the responsibility of the petitioner.
(Ord. 50-10-09, passed 10-27-09) Penalty, see § 92.999