(A) This section shall regulate open burning within the town limits. All types of open burning, including but not limited to bonfires, are subject to the requirements of 15A NCAC 2D.1901 through 2D.1904, any subsequently adopted amendments thereto, and all other applicable state statutes and regulations. The terms used in this section shall have the same meaning as the terms defined in 15A NCAC 2D.1902. To the extent this section differs from current state open burning rules, the more restrictive standard shall govern.
(B) No open burning of any kind shall be allowed when the state or any of its agencies prohibits such activities in the town area.
(C) Because the town provides public yard waste pick-up service, the open burning of yard waste is prohibited. For the purposes of this section, “yard waste” includes leaves, tree branches, and other yard trimmings that are collected by the town through its yard waste pick-up service.
(D) The following types of open burning are permitted without an air quality permit issued by the state’s Division of Air Quality:
(1) Camp fires, bonfires, and other fires used solely for outdoor cooking and other recreational purposes, for ceremonial occasions, or for human warmth and comfort and which do not create a public or private nuisance and do not use synthetic materials or refuse or salvageable materials for fuel. No bonfire shall be permitted unless written approval for the bonfire has first been obtained from the town’s Fire Chief;
(2) Open burning for land clearing and right-of-way maintenance. Prior to starting a fire pursuant to this section, the property owner must obtain written approval from the state’s Division of Air Quality and the town’s Fire Chief. The property owner shall give the town’s Fire Chief a copy of the Division of Air Quality approval;
(3) Fires purposely set to public or private forest land for forest management practices for which burning is acceptable to the state’s Division of Forest Resources and which follows the smoke management plan as outline in the state’s Division of Forest Resources’ smoke management program. Prior to starting a fire pursuant to this section, the property owner must obtain written approval from the state’s Division of Forest Resources and the town’s Fire Chief. The property owner shall give the town’s Fire Chief a copy of the Division of Forest Resources approval;
(4) Fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural practices for which burning is currently acceptable to the state’s Department of Agriculture. Prior to starting a fire pursuant to this section, the property owner must obtain written approval from the state’s Department of Agriculture and the town’s Fire Chief. The property owner shall give the town’s Fire Chief a copy of the Department of Agriculture approval;
(5) Fires purposely set for wildfire management practices for which burning is currently acceptable to the state’s Wildlife Resource Commission. Prior to starting a fire pursuant to this division (D), the property owner must obtain written approval from the state’s Wildlife Resource Commission, and a copy of the approval must be provided to the town’s Fire Chief;
(6) Fires for the disposal of dangerous materials when it is the safest and most practical method of disposal. Prior to starting a fire pursuant to this division (D), the property owner must first obtain written approval from the state’s Division of Air Quality Fayetteville Regional Office and the town’s Fire Chief;
(7) (a) Fires purposely set by manufacturers of fire extinguishing materials or equipment, testing laboratories, or other purposes, for the purpose of testing or developing these materials or equipment in accordance with a standard qualification program.
(b) Prior to starting a fire pursuant to this section, the manufacturer, laboratory or other person must obtain written approval from the town’s Fire Chief.
(c) If the fire or fires are part of an ongoing operation, the manufacturer must also obtain any necessary zoning approvals;
(8) Fires purposely set for the instructions and training of firefighting personnel at permanent firefighting training facilities. No fire shall be permitted pursuant to this division (D) unless written approval for the fire has first has first been obtained from the town’s Fire Chief;
(9) No fire shall be permitted pursuant to this section unless written approval for the fire has been obtained from the town’s Fire Chief. Fires purposely set for the instruction and training of firefighting personnel 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 state’s Insurance Department;
(c) State technical institutes; or
(d) State community colleges, including:
1. The North Carolina Fire College; or
2. The North Carolina Rescue College.
(10) Fires not described in divisions (D)(7), (D)(8), or (D)(9) above, purposely set for the instruction and training of fire-fighting personnel, provided that.
(a) The state’s Division of Air Quality Fayetteville Regional Office Supervisor and the state’s Division of Epidemiology Health Hazards Control Branch have been notified according to the procedures and deadlines contained in the appropriate regional notification form.
(b) The Fayetteville 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 shall not consider previously demolished structures as having training value. However, the Regional Office Supervisor 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 at least one hour before the burn is scheduled.
(c) The fire has been approved in writing by the town’s Fire Chief.
(11) Fires for the disposal of material generated as a result of a natural disaster, including but not limited to a tornado, hurricane, or flood, if the state’s Division of Air Quality Fayetteville Regional Office Supervisor and the town’s Fire Chief both grant written or oral permission for the burning. The person desiring to do the burning shall document and provide written notification to the Regional Office Supervisor 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 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 (D) shall comply with the conditions of division (B) above.
(a) Air curtain burners are permitted with written approval from the state’s Division of Air Quality and the town’s Fire Chief. An air curtain burners operator shall also obtain an air quality permit from the state’s Division of Air Quality, if such a permit is required by 15A NCAC 2D.1904(a) or other applicable laws. The operator must give copies of the Division of Air Quality approval and any required air quality permit to the town’s Fire Chief.
(b) The authority to conduct open burning under this section does not exempt or excuse any person from the consequences, damages, or injuries that may result from open burning, and compliance with this section does not excuse or exempt any person from complying with all applicable laws, ordinances, rules or orders of any other governmental entity having jurisdiction over open burning.
(Prior Code, § 10-3) (Ord. passed 11-21-1989; Ord. passed 9-22-1994) Penalty, see § 93.99