CHAPTER 92:  FIRES AND SMOKING
Section
Open Burning
   92.01   Applicability
   92.02   Definitions
   92.03   Prohibition of open burning
   92.04   Additional restrictions
   92.05   Requirements for proposed burning of debris piles
   92.06   Exception or exclusions for permits
   92.07   Procedures for burning approved debris resulting from an event declared as an emergency or disaster by the Governor
   92.08   Control of permissible open burning
   92.09   Miscellaneous
   92.10   Open burning ban during times of extraordinary dryness and consequent fire hazard
Smoking Indoors
   92.25   Definitions
   92.26   Prohibition of smoking indoors; exceptions
   92.27   Non-retaliation and non-waiver of rights
   92.28   Enforcement
   92.29   Posting signs
 
   92.99   Penalty
Cross-reference:
   Fireworks enforcement code, see Ch. 115
OPEN BURNING
§ 92.01  APPLICABILITY.
   The provisions of this subchapter are applicable to all open burning as defined in § 92.02 and not elsewhere subject to regulation of natural resources, laws of the state or local ordinance.
(Ord. KOC 05-320-315, passed 12-6-2005)
§ 92.02  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not defined in this section shall have the meaning given them in 401 KAR 63:001.
   DEBRIS PILES.  Trees, limbs, tree root balls and other vegetative matter put there for the purpose of immediate disposal and originating from that parcel of land.
   FIRE TRAINING.  The instruction of industrial, public and private firefighters conducted in accordance with safety standards and procedures as accepted by the State Fire Commission, State Fire Marshal or the National Wildfire Coordinating Group.
   GARBAGE.  Putrescible animal and vegetable matter accumulated by a family in a residence in the course of ordinary day to day living.
   GOVERNOR DECLARED EMERGENCY.  Any incident or situation declared to be an emergency by executive order of the Governor in the state pursuant to the provisions of KRS Chapters 39A to 39F.
   HOUSEHOLD RUBBISH.  Paper waste material and trash, not to include garbage, cans, glass, plastic, furniture, appliances or other potentially hazardous waste materials, normally accumulated by a family in a residence in the course of ordinary day to day living.
   LAND CLEARING.  Clearing of land for agricultural or residential, industrial, commercial development purposes, including the construction of roads.
   OPEN BURNING.  The burning of any matter without a burn chamber approved by the State Division for Air Quality or without a stack or chimney with control devices approved by the State Division for Air Quality.
   RECOGNIZED AGRICULTURAL, SILVICULTURAL, RANGE OR WILDLIFE MANAGEMENT PRACTICES.  Burning recognized by the State Department of Agriculture, the United States Department of Agriculture, the State Division of Forestry, the United States Forest Service, the State Department of Fish and Wildlife or the United States Fish and Wildlife Service as necessary to promote cultivation of crops, range and forest lands, weed and understory abatement and pest control and prevention.
   WOOD WASTE.
      (1)   Untreated wood and untreated wood products, including tree stumps (whole or chipped), felled trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings and shavings.
      (2)   WOOD WASTE does not include:
         (a)   Yard waste;
         (b)   Construction, renovation or demolition waste; or
         (c)   Clean lumber.
   YARD WASTE.
      (1)   Grass, grass clippings, bushes, shrubs and clippings of bushes and shrubs, which come from residential, commercial, retail, institutional or industrial sources as part of maintaining yards or other private or public lands.
      (2)   YARD WASTE does not include:
         (a)   Construction, renovation and demolition waste; or
         (b)   Clean lumber.
(Ord. KOC 05-320-315, passed 12-6-2005)
§ 92.03  PROHIBITION OF OPEN BURNING.
   (A)   Except as provided in this section, open burning is prohibited. Fires may be set for the purposes specified in this section throughout the year in any county, or portion of a county, of the state except in areas designated or previously designated moderate non-attainment for ozone pursuant to 401 KAR 51:010, or areas designated or previously designated non-attainment for the eight-hour ozone or PM2.5 (particulate matter) national ambient air quality standard, pursuant to 401 KAR 51:010 if the fires do not violate KRS Chapters 149, 150, 227, other laws of the state or the federal government, or local ordinances. No extraneous materials such as tires or heavy oil, which tend to produce dense smoke, shall be used to cause ignition or aid combustion. Burning shall be done on days when conditions do not pose a threat of igniting a forest fire, and all allowable fires shall be continuously monitored and maintained so as not to present a danger to human health, safety or the environment.
   (B)   Purposes for which open burning is allowed are:
      (1)   Fires set for the cooking of food for human consumption;
      (2)   Fires set for recreational or ceremonial purposes;
      (3)   Small fires set by construction and other workers for comfort heating purposes if:
         (a)   The ambient temperature is below 50°F;
         (b)   Excessive or unusual smoke is not created;
         (c)   Only clean lumber or vegetative matter is burned; and
         (d)   The fire is burned in a container not exceeding 55 gallons in size.
      (4)   Fire set for prevention of a fire hazard, including the disposal of dangerous materials if no safe alternative is available; notice to the county dispatch and Cabinet for Natural Resources and Environmental Protection is required;
      (5)   Fires training of public and industrial employees in the methods of fighting fires; notice to the county dispatch and Cabinet for Natural Resources and Environmental Protection required;
      (6)   Fires set for recognized agricultural, silvicultural, range or wildlife management practices;
      (7)   Fires set by individual homeowners for burning of leaves;
      (8)   Fires set for disposal of household rubbish, not to include garbage, originating at dwelling of five family units or less, if the fire is attended and monitored by an occupant of the dwelling;
      (9)   Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the disposal of absorbent material used in their removal, if not other economically feasible means of disposal is available and practical. Permission shall be obtained from the Cabinet prior to burning;
      (10)   Fires set for disposal of natural growth for land clearing and trees and tree limbs felled by storms and shall be limited to two contiguous acres; and
      (11)   Fires set for the disposal of debris as a result of an officially declared emergency or disaster, except in those instances where this 60-day deadline falls in the months of May, June, July, August or September, in ozone non-attainment counties or counties previously designated non-attainment for ozone. Open burning of this material in these counties is prohibited from May 1 through September 30.
(Ord. KOC 05-320-315, passed 12-6-2005)  Penalty, see § 92.99
§ 92.04  ADDITIONAL RESTRICTIONS.
   (A)   Additional restrictions for counties, or portions of counties, designated or previously designated non-attainment for particulate matter for those counties, or portions of counties, which are, or were previously, designated moderate non-attainment for ozone pursuant to 401 KAR 51:010, or those counties, or portions of counties, which are or were designated non-attainment for the eight-hour ozone or PM2.5 (particulate matter) national ambient air quality standard, pursuant to 401 KAR 51:010. Fires may be set according to provisions of § 92.03 except during the months of May, June, July, August and September.
   (B)   During these months, the only open burning activities allowed are:
      (1)   Fires set for the cooking of food for human consumption;
      (2)   Fires set for prevention of a fire hazard, including disposal of dangerous materials if no safe alternative is available;
      (3)   Fires set for recognized agricultural, silviculture, range or wildlife management practices;
      (4)   Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the disposal of absorbent material used in their removal, if no other economically feasible means of disposal is available and practical. Permission shall be obtained from the Cabinet and the County Fiscal Court prior to burning;
      (5)   Fires set for recreational or ceremonial purposes;
      (6)   Open burning shall comply with the fire hazard season requirements of KRS 149.400; and
      (7)   No open burning will be allowed if the Governor of the state or the County Judge-Executive has declared a fire emergency.
   (C)   Open burning for land clearing purposes associated with residential, commercial or industrial development shall be limited to two contiguous acres at any one time.
(Ord. KOC 05-320-315, passed 12-6-2005)
§ 92.05  REQUIREMENTS FOR PROPOSED BURNING OF DEBRIS PILES.
   Any proposed debris burn site that covers an area larger than 400 square feet or piled higher than ten feet will require a permit and must conform to the following rules.
   (A)   Applications for permits must be applied for at least 15 days before the scheduled burn is to take place. Permits can only be issued by the office of the County Solid Waste Coordinator or his or her assistant.
   (B)   A fee of $50 shall be collected by the Coordinator.
   (C)   Proposed burning sites shall:
      (1)   Not be located in a floodplain, sinkhole, major drainage channel or within 250 feet of any water of the state;
      (2)   Be located a safe distance from any residence, school, hospital or business and be a safe distance away from overhead and underground utilities;
      (3)   Not be located in proximity to any vegetation or human-made matter so as to create a potential fire hazard;
      (4)   All debris piles that are permitted shall:
         (a)   Have adequate fire lanes to allow access to fire and emergency vehicles and heavy equipment;
         (b)   Must be attended at all times; and
         (c)   The attendant must have equipment on hand to prevent the spread of fire.
      (5)   Burning shall occur only when the prevailing winds direct smoke away from any residence, school, hospital or business; and
      (6)   The use of accelerants (oil, tires, diesel fuel or any petroleum product) is strictly prohibited.
(Ord. KOC 05-320-315, passed 12-6-2005)  Penalty, see § 92.99
§ 92.06  EXCEPTION OR EXCLUSIONS FOR PERMITS.
   An event declared an emergency by the Governor or the County Judge-Executive.
(Ord. KOC 05-320-315, passed 12-6-2005)
§ 92.07  PROCEDURES FOR BURNING APPROVED DEBRIS RESULTING FROM AN EVENT DECLARED AS AN EMERGENCY OR DISASTER BY THE GOVERNOR.
   The following procedures shall be followed when burning debris from an event declared to be an emergency or disaster by the Governor or County Judge-Executive.
   (A)   Burning shall occur only when the prevailing winds direct smoke away from any residence, school, hospital or business.
   (B)   The location of the burn shall have adequate fire lanes to allow access for fire and emergency vehicles and heavy equipment:
      (1)   Must be attended at all times; and
      (2)   Sufficient equipment shall be on site to prevent spread of fire.
(Ord. KOC 05-320-315, passed 12-6-2005)
§ 92.08  CONTROL OF PERMISSIBLE OPEN BURNING.
   Any permissible open burning must be supervised while in progress. Reasonable precautions shall be taken by the person setting the fire to prevent unwanted spread of fire.
(Ord. KOC 05-320-315, passed 12-6-2005)
§ 92.09  MISCELLANEOUS.
   (A)   Notice to the county dispatch, as required by this subchapter, shall not be construed to mean that the open burning complies with the provisions of this subchapter, other local ordinances, or state laws or regulations. Notification to the county dispatch does not imply consent or permission to burn. Notification is merely an alert to prevent possible unnecessary runs by any Fire Department or law enforcement agency.
   (B)   Nothing in this subchapter is to be construed as to prevent the Cabinet for Natural Resources and Environmental Protection and the Division of Forestry from enforcing any stature or regulation adopted pursuant to their authority.
   (C)   Any person responsible for an illegal fire and a resulting fire response by the County Fire Department shall be responsible for the cost of the run and any firefighting procedures initiated by that Fire Department.
   (D)   Upon notification, the County Fire Departments are hereby allowed to enter upon private property and extinguish any illegal fire upon the authority of the County Judge-Executive or an appointed designee.
(Ord. KOC 05-320-315, passed 12-6-2005)
§ 92.10  OPEN BURNING BAN DURING TIMES OF EXTRAORDINARY DRYNESS AND CONSEQUENT FIRE HAZARD.
   (A)   Whenever the Division of Forestry of the state notifies the county through its Judge-Executive that an extraordinary fire hazard exists in the county as determined by the National Fire Danger Rating System and Fire Occurrence, the County Judge-Executive may proclaim the condition to exist in the county.
   (B)   No person shall, when a proclamation as provided for in division (A) above has been issued, light or maintain an open fire at any location in the county while the proclamation is in effect. Any person violating this section shall be subject to the fines and penalties provided in § 92.99.
   (C)   Notice of the proclamation provided for in division (A) above shall be published in the newspaper of largest circulation in the county.
   (D)   The proclamation herein described shall remain in effect only during those periods of time the National Fire Danger Rating System and Fire Occurrence has determined an extraordinary fire hazard to exist in the county. It shall be within the discretion of the County Judge-Executive to authorize emergency burning during times a proclamation is in effect for the county if the Judge-Executive is satisfied that the emergency burning can be conducted safely.
(Ord. KOC 87-300-320.4, passed 3-3-1987)  Penalty, see § 92.99
SMOKING INDOORS
§ 92.25  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DWELLING.  A house, apartment, or other place of residence used primarily for conducting activities of daily living, including, without limitation, private residences, a hospital, hospice, or nursing home room. A private residence is a PLACE OF EMPLOYMENT if it is used as a childcare, adult day care, or other healthcare facility.
   ELECTRONIC SMOKING DEVICE.  Any device containing or delivering nicotine or any other substance that can be used in a manner for the purpose of inhaling the vapor, smoke, and/or aerosol from the device. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other name or product descriptor.
   ENCLOSED AREA.  All space in a structure enclosed from the weather, being permanent or temporary, enclosed by walls and a roof, and with door(s).
   PLACE OF EMPLOYMENT.  Any location, either public or private, where an owner, employer, or employee perform their designated duties. This includes, but is not limited to, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, and hallways. A DWELLING is not a place of employment unless it is used as a childcare, adult day care, or healthcare facility.
   SMOKING.  The use of any device used to ignite or heat tobacco, or any other substance, whether natural or synthetic, for the purpose of inhalation, exhalation, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated product intended for inhalation, in any manner or form. Smoking also includes the use of an electronic smoking device which creates an aerosol, smoke, or vapor in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this subchapter.
(Ord. KOC 18-820-441, passed 4-17-2018)
§ 92.26  PROHIBITION OF SMOKING INDOORS; EXCEPTIONS.
   (A)   Except as otherwise noted in division (E), smoking is prohibited at places of employment and in enclosed areas.
   (B)   Smoking is prohibited within a reasonable distance of the outside entrance to, open window of, and air intake of a ventilation system in any enclosed area in which smoking is prohibited by this subchapter.
   (C)   Smoking is prohibited in any enclosed areas or vehicles owned, leased, rented, operated, or controlled by the Oldham County Fiscal Court.
   (D)   Nothing in this subchapter shall authorize smoking in any location where it is otherwise prohibited by statute, ordinance, regulation or by order of the Fire Marshal.
   (E)   Notwithstanding any other provision of this subchapter to the contrary, a person’s private dwelling, unless used as a childcare, adult day care, or healthcare facility is exempt from this section.
(Ord. KOC 18-820-441, passed 4-17-2018)  Penalty, see § 92.99
§ 92.27  NON-RETALIATION AND NON-WAIVER OF RIGHTS.
   (A)   No employer shall refuse to hire an applicant for employment, retaliate against, or discharge an employee because they exercise their rights afforded by the subchapter to report in an attempt to prosecute a violation of this subchapter.
   (B)   An employee who continues to work in a setting where an employer allows smoking in violation of this subchapter does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ord. KOC 18-820-441, passed 4-17-2018)
§ 92.28  ENFORCEMENT.
   (A)   The Oldham County Health Department shall be the primary enforcement agency of this subchapter.
   (B)   Notice of the provisions of this subchapter shall be acknowledged by all applicants for a business license.
(Ord. KOC 18-820-441, passed 4-17-2018)
§ 92.29  POSTING SIGNS.
   “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance and exit of an enclosed public area.
(Ord. KOC 18-820-441, passed 4-17-2018)
§ 92.99  PENALTY.
   (A)   Open burning. If the owner, lessee, occupant or person having charge of any property shall intentionally burn any material or property in violation of §§ 92.01 through 92.09, upon conviction thereof, shall be fined not less than $50 nor more than $1,000 for each offense on each day burning is allowed and continued.
   (B)   Open burning ban during times of extraordinary dryness and consequent fire hazard.  Any person who violates § 92.10 is subject to a fine of not less than $10 nor more than $500 for each offense of § 92.10.
   (C)   Smoking indoors.
      (1)   An individual found guilty of violating §§ 92.25 through 92.29 is punishable by a fine of not less than $50.
      (2)   An individual who owns, manages, operates, or otherwise controls a public place or place of employment and found guilty of violating §§ 92.25 through 92.29 is punishable by a fine of:
         (a)   Not less than $50 for the first offense;
         (b)   Not less than $100 for the second offense; and
         (c)   Not less than $250 for the third and each subsequent offense.
      (3)   An individual who violates §§ 92.25 through 92.29 by refusing to extinguish their smoking material when requested shall be requested to leave the establishment and if refused, may also be subject to prosecution for trespass.
      (4)   In addition to the fines established by division (C)(2)(a), violation of §§ 92.25 through 92.29 by an individual who owns, manages, operates, or otherwise controls a public place or place of employment shall result in the suspension and/or revocation of any or all permit(s) or license(s) issued for the premises on which the violation occurred.
      (5)   Violation of §§ 92.25 through 92.29 is declared to be a public nuisance, which may be abated by the county or its designated agents by restraining order, preliminary or permanent injunction, or other means provided for by law. The county may recover the reasonable costs of any court enforcement action seeking abatement of this nuisance.
      (6)   Each day on which a violation of §§ 92.25 through 92.29 occurs shall be considered a separate and distinct violation.
(Ord. KOC 87-300-320.4, passed 3-3-1987; Ord. KOC 05-320-315, passed 12-6-2005; Ord. KOC 18-820-441, passed 4-17-2018)