(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)