§ 94.040 OPEN BURNING.
   (A)   No outdoor burning of any kind, character or type shall be allowed except in the following instances:
      (1)   Where open burning is used at construction sites and railroad service areas for the purpose of providing heat for workers. Any such fires shall make use of clean combustible materials or coal;
      (2)   Charcoal braziers or gas fire cooking units used in connection with picnics;
      (3)   Any burning done by the city’s Fire Department or Volunteer Fire Department in connection with training courses;
      (4)   Approved incineration for use at construction sites as follows:
         (a)   Application for a permit to use an approved incinerator shall be made in writing to the Bureau of Fire Prevention. Issuance of a permit shall be in the form of a metal numbered tag attached to the spark arrester. The number will be registered in the Bureau files to that construction company to which it is issued.
         (b)   Burners shall be secured to prevent tipping.
         (c)   Spark arresters shall have holes not larger than 1/4 inch and conform the following.
            1.   Spark arresters shall be hinged on 1 side.
            2.   Spark arresters shall be weighted or latched on the free side.
         (d)   The burning chamber may be a 50-gallon barrel or a barrel of like quality. The barrel shall have sufficient 1-inch holes in the burning chamber to allow complete burning.
         (e)   The burning chamber shall be kept clean of ash after use.
            1.   Ash shall be properly disposed of.
            2.   Deteriorated burning chambers shall be replaced.
         (f)   Fuels that produce irritating or black smoke shall not be disposed of in the incinerator, for example, tarpaper, shingles, plastic, flammable liquids and the like.
      (5)   A person may kindle or maintain a fire upon obtaining a permit to do so from the Fire Chief, Assistant Chief, Battalion Chief or Fire Marshal, and subject to the following conditions:
         (a)   The fire shall be more than 25 feet from any structure, power lines or overhead obstructions, and adequate provision shall be made to prevent the fire from spreading to within 25 feet of any structure, power lines or overhead obstructions.
         (b)   The permits issued pursuant to this section by the Bureau of Fire Prevention shall be subject to rules and regulations promulgated by the Bureau and in effect on the date of issuance. The Bureau may, from time to time, amend such rules and regulations as it deems necessary and proper. Any rules and regulations in effect on the date of issuance shall be provided to the permit holder in writing as a part of the permit.
         (c)   The Fire Chief, Assistant Chief, Battalion Chief or Fire Marshal may ban and prohibit any or all burning when atmospheric conditions or local circumstances make the fires hazardous.
   (B)   Burning of waste materials by incinerator, stove or oven is prohibited unless the stack emissions from the incinerators shall be in conformity with the state’s Department of Environmental Quality regulations.
(Prior Code, § 24-61)