(A) Purpose and applicability. This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the city due to air pollution and fire hazards of open burning, outdoor burning and refuse burning. Open burning, outdoor burning and refuse burning are prohibited in the city unless the burning is specifically permitted by this section. This section applies to all outdoor burning and refuse burning within the city. This section does not apply to:
(1) Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances;
(2) Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in this section;
(3) The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMPFIRE. A small outdoor fire, no larger than 4 feet wide by 4 feet deep by 4 feet high, intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse.
CLEAN WOOD. Natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
FIRE CHIEF. Chief of the City of Paris Fire Department or other person authorized by the Fire Chief.
OUTDOOR BURNING. Open burning or burning in an outdoor furnace.
OPEN BURNING. Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or chimney.
OUTDOOR FURNACE. A wood-fired, pellet-fired, or corn-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
REFUSE. Any waste material except clean wood.
(C) Materials that may not be burned. Unless a specific written approval has been obtained from the Illinois Environmental Protection Agency, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device:
(1) Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
(2) Green grass, green leaves or other green vegetation.
(3) Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to appropriate Illinois Environmental Protection Agency restrictions.
(4) Asphalt and products containing asphalt.
(5) Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
(6) Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(7) Rubber including tires and synthetic rubber-like products.
(8) Newspaper, corrugated cardboard, container board, office paper or other paper products.
(D) Outdoor furnaces. An outdoor furnace may be installed and used in the city only in accordance with the following provisions:
(1) The outdoor furnace shall not be used to burn any of the prohibited materials listed in division (C) of this section.
(2) As of October 30, 2012, no person shall install an outdoor furnace unless it has been qualified through the U.S. Environmental Protection Agency’s voluntary outdoor hydronic heater program to meet the Phase 2 particulate matter limits. Each installed unit shall have a U.S. EPA white tag signifying that it meets the Phase 2 emission limit affixed in a readily visible or accessible location. Existing outdoor furnaces installed in accordance with the then City of Paris Ordinances will be allowed to remain in place as long as their operation does not cause environmental or nuisance issues as determined by the City of Paris Health Officer.
(3) No person shall operate an outdoor furnace from May 1 through September 30 unless the unit has been qualified to meet the Phase 2 emission limit in division (D)(2) of this section.
(4) The owner or occupant of the property shall obtain an outdoor furnace permit from the City Clerk in accordance with division (F) of this section.
(E) Fire department practice burns. Notwithstanding divisions (A) and (C) of this section, the City of Paris Fire Department may burn a standing building if necessary for fire fighting practice and if the practice burn complies with the requirements of the Illinois Department of Natural Resources and the Illinois Environmental Protection Agency.
(F) Outdoor furnace permits. The owner or occupant of the property shall obtain a permit for an outdoor furnace when the furnace is first installed or, in the case of units installed prior to the effective date of this section, within 30 days of adoption. No outdoor furnace may be installed without obtaining a permit from the city and paying the permit fee established by the Paris City Council. This section shall apply to all outdoor furnaces installed within the city.
(1) A permit issued under this section shall require compliance with all applicable provisions of this section.
(2) Installation of an outdoor furnace without obtaining a permit shall be a violation of this section.
(3) Any violation of this section shall void the permit.
(4) No outdoor furnace already in operation prior to the effective date of this section may be extended, enlarged, or restored beyond 75% of its original value without being brought into full compliance with this section.
(G) Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability from damage caused by the fire.
(H) Right of entry and inspection. The Fire Chief, Code Compliance Officer, or any authorized officer, agent, employee or representative of the city who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with Illinois Statutes.
(I) Permit fees. The fee for a permit required for the installation of an outdoor furnace in division (F) of this section shall be $20.
(J) Enforcement and penalties.
(1) The Fire Chief, Police Chief, The Code Enforcement Officer and their representatives are authorized to enforce the provisions of this section.
(2) Any person who shall violate any provision of this section for which no other penalty is provided shall, upon conviction, be subject to penalties as provided in § 10.99.
(1969 Code, § 12-46) (Ord. 1968-26, passed 6-17-1968; Am. Ord. 1999-26, passed 6-28-1999; Am. Ord. 2006-06, passed 1-23-2006; Am. Ord. 2012-20, passed 10-22- 2012; Am. Ord. 2015-4, passed 4-13-2015; Am. Ord. 2020-6, passed 7-13-2020)
Penalty, see § 10.99