(b) Open burning shall be allowed for the following purposes without notification to or permission from the Fire Chief:
(1) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
(2) Campfires, recreational fires and outdoor fireplace equipment, whether for pleasure, religious, ceremonial, warmth, recreational, or similar purposes, if the following conditions are met:
A. They 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. They are not used for waste disposal purposes, including residential wastes; and
C. They shall have a total fuel area of three feet or less in diameter and two feet or less in height.
D. Minimum 25 feet from building, deck, structure.
E. Must attend at all times.
F. Must have method to extinguish fire.
(3) Recognized training in the use of fire extinguishers for commercial or industrial fire prevention.
(4) Fires allowed by divisions (b)(1), (b)(2), and (b)(3) of this section shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.
(5) Nothing in this section prohibits cooking on decks or patios adjacent to residential or commercial structures by use of a gas grill, charcoal grill, hibachi or similar device as long as cooking does not violate Section 1610.09.
(c) Open burning shall be allowed for the following purposes with prior notification to the Fire Chief in accordance with Section 1620.04:
(1) Prevention or control of disease or pests, with written or verbal verification to the Fire Chief with verification from Ohio EPA or the local health department, cooperative extension service, Ohio Department of Agriculture, or U.S. Department of Agriculture, that open burning is the only appropriate disposal method.
(2) 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 Fire Chief, in accordance with Section 1620.04(a), provided that any conditions specified in the permission are followed:
(1) Disposal of hazardous, ignitable or explosive materials, military munitions or explosive devices where the Fire Chief determines that there is no practical alternate method of disposal, after which the Fire Chief will notify the appropriate bomb squad through the City Police Department;
(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 Ohio 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 division 1620.04A 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 Fire Chief and performed as identified in the appendix to O.A.C. 3745-19-03. If deemed necessary, the open burning may be authorized with prior oral approval by the Fire Chief 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.
(6) Bonfires or campfires used for ceremonial purposes, provided the following conditions are met:
A. They 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. They are not used for waste disposal purposes; and
C. They 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.
D. They are setback a minimum of 50 feet from any building or structure;
E. Must be attended at all times;
F. Must have a method to extinguish fire.
(Ord. 07-79.Passed 7-3-07.)
Statutory reference:
Open burning, see O.A.C. 3745-19-03