(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