(A) All open burning is prohibited except open burning allowed under division (B) below or § 98.18.
(B) The following types of open burning are permissible without a permit:
(1) Open burning of leaves, tree branches or yard trimmings, excluding logs and stumps, if the following conditions are met:
(a) The material burned originates on the premises of private residences and is burned on those premises;
(b) There are no public pickup services available;
(c) Non-vegetative materials, such as household garbage or other human-made materials are not burned;
(d) The burning is started no earlier than 8:00 a.m. and no additional combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day;
(e) The burning does not create a nuisance; and
(f) Material is not burned when the Division of Forest Resources has banned burning for that area.
(2) Open burning for land clearing or right-of-way maintenance if the following conditions are met:
(a) Prevailing winds at the time of burning are away from any area, including public road within 250 feet of the burning as measured from the edge of the pavement or other roadway surface, which may be significantly affected by smoke, ash or other air pollutants from the burning;
(b) The location of the burning is at least 1,000 feet from any dwelling, group of dwellings or commercial or institutional establishment or other occupied structure not located on the property on which the burning is conducted. The regional office supervisor may grant exceptions to the setback requirements if:
1. A signed, written statement waiving objections to the open burning associated with the land clearing operation is obtained before the open burning begins from all residents or owners of dwellings, commercial or institutional establishments or other occupied structures within 1,000 feet of the open burning site; or
2. An air curtain burner as described in § 98.18 of this chapter, is utilized at the open burning site.
(c) Heavy oils, asphaltic materials such as shingles and other roofing materials, items containing natural or synthetic rubber or any materials other than plant growth are not burned. However, kerosene, distillate oil or diesel fuel may be used to start the fire;
(d) Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m. and no combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day, except that, under favorable meteorological conditions, deviation from these hours of burning may be granted by the regional office supervisor. The owner or operator of the open burning operation shall be responsible for obtaining written approval for burning during periods other than those specified in this section; and
(e) No fires are started or vegetation is added to existing fires when the Division of Forest Resources has banned burning for that area. Debris from land clearing or right-of-way maintenance may be carried off-site for open burning to facilities permitted in accordance with § 98.16 for the operation of an air curtain burner. However, no material may be taken off-site for open burning in areas where a permitted air curtain burner is not available.
(3) Camp fires and fires used solely for outdoor cooking and other recreational purposes or for ceremonial occasions or for human warmth and comfort and which do not create a nuisance and do not use synthetic materials or refuse or salvageable materials for fuel;
(4) Fires purposely set to forest lands for forest management practices acceptable to the Division of Forest Resources;
(5) Fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural or apicultural practices acceptable to the Department of Agriculture;
(6) Fires purposely set for wildlife management practices acceptable to the Wildlife Management Commission;
(7) Fires for the disposal of dangerous materials when it is the safest and most practical method of disposal;
(8) Fires for the disposal of material generated as a result of a natural disaster, such as tornado, hurricane or flood if the regional office supervisor grants permission for the burning. The person desiring to do the burning shall document to the regional office supervisor of the appropriate regional office that there is no other practical method of disposal of the waste. Factors that the regional office supervisor shall consider in granting permission for the burning include type, amount and nature of combustible substances. The regional office supervisor shall not grant permission for the burning if the primary purpose of the fire is to dispose of synthetic materials or refuse or recovery of salvageable materials. Fires authorized under this division (B)(8) shall comply with the conditions of division (B)(2) above fires purposely set by manufacturers of fire extinguishing materials or equipment, testing laboratories or other persons, for the purpose of testing or developing these materials or equipment in accordance with a valid standard qualification program;
(9) Fires purposely set for the instruction and training of fire-fighting personnel, including fires at permanent fire-fighting training facilities or when conducted under the supervision of or with the cooperation of one or more of the following agencies:
(a) The Division of Forest Resources,
(b) The North Carolina Insurance Department;
(c) North Carolina technical institutes; or
(d) North Carolina community colleges, including:
1. The North Carolina Fire College; or
2. The North Carolina Rescue College.
(10) Fires not described in division (H) above, purposely set for the instruction and training of fire-fighting personnel, provided that:
(a) The regional office supervisor of the appropriate regional office and the HHCB have been notified according to the procedures and deadlines contained in the appropriate regional notification form. This form may be obtained by writing the appropriate regional office at the address in § 98.19 of this chapter and requesting it and
(b) The regional office supervisor has granted permission for the burning. Factors that the regional office supervisor shall consider in granting permission for the burning include type, amount and nature of combustible substances. The regional office supervisor shall not grant permission for the burning of salvageable items, such as insulated wire and electric motors or if the primary purpose of the fire is to dispose of synthetic materials or refuse. The regional office supervisor of the appropriate regional office shall not consider previously demolished structures as having training value. However, the regional office supervisor of the appropriate regional office may allow an exercise involving the burning of motor vehicles burned over a period of time by a training unit or by several related training units. Any deviations from the dates and times of exercises, including additions, postponements and deletions, submitted in the schedule in the approved plan shall be communicated verbally to the regional office supervisor of the appropriate regional office at least one hour before the burn is scheduled.
(c) The authority to conduct open burning under this division (B)(10) does not exempt or excuse any person from the consequences, damages or injuries which may result from this conduct. It does not excuse or exempt any person from complying with all applicable laws ordinances, rules or orders of any other governmental entity having jurisdiction even though the open burning is conducted in compliance with this section.
(Ord. passed - -)