(A) Generally. A person shall not cause or allow open burning unless approved in accordance with this code and any other applicable federal, state and local laws and regulations.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BONFIRE. An outdoor fire utilized for ceremonial purpose.
OPEN BURNING. The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
RECREATIONAL FIRE. Any intentionally created fire outside of a building, but shall not include a small fire contained in a noncommercial clean-burning enclosed cooking apparatus, commonly known as a grill, which is fueled by charcoal, propane, natural gas, alcohol or similar fuel and used for the preparation of food.
(C) Allowable burning. Open burning shall be allowed without prior notification to the code official for recreational fires, highway safety flares, smudge pots and similar occupational needs.
(D) Approval required. Open burning shall be allowed after obtaining approval from the code official for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, providing heat for outdoor workers, and a bonfire.
(1) Application. Applications for open burning shall be submitted in writing at least ten days before the fire is set and shall be in such form and contain such information as required by the code official. Such application shall contain, as a minimum, information regarding: the purpose of the proposed burning, the nature and quantities of material to be burned, the date when such burning will take place, the location of the burning site, and the on-site fire-extinguishing equipment to be provided.
(2) Authorization. Open burning shall be permitted with prior notification to the code official and upon receipt of written permission from the jurisdictional Environmental Protection Agency (EPA) authority, provided that any conditions specified in the permission are followed for:
(a) Disposal of hazardous or toxic material where the EPA determines that there is no practical alternative method of disposal.
(b) Instruction in methods of fire fighting or for research in control of fires, in emergency or other extraordinary circumstances for any purpose determined to be necessary by the EPA.
(c) Disposal of landscape waste except residential and agricultural waste.
(d) Recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production.
(3) Where EPA permission is not applicable. Where the jurisdictional EPA written permission is not applicable, the code official shall give written permission provided that approved fire safety requirements and emission standards will be met.
(4) Open burning prohibited. The code official shall prohibit open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The code official shall order the extinguishment, by the permit holder or the Fire Department, of any open burning which creates or adds to a hazardous or objectionable situation.
(E) Location. The location for any open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure. Fires in approved containers shall be permitted, provided that such fires are not less than 15 feet from any structure.
(F) Materials. Open burning shall not be utilized for waste disposal purposes, shall be of the minimum size for the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
(G) Attendance. Any open burning shall be constantly attended until the fire is extinguished. At least one portable fire extinguisher with a minimum 4-A rating, two portable fire extinguishers with a minimum 2-A rating each, or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
(H) Bonfire size and duration. A bonfire shall not be more than five feet by five feet by five feet in dimension and shall not burn longer than three hours. The maximum size and duration of a bonfire shall not be increased by the code official unless it is determined that fire safety requirements of the situation and the desirable duration of burning warrant the increase.
(1) Material. Fuel for a bonfire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper. The fire shall not be utilized for waste disposal purposes, and the fuel shall be chosen to minimize the generation of air contaminants.
(2) Permits. All permits shall be requested by and issued to the owner of the land upon which the bonfire is to be kindled.
(I) (1) No person shall start or permit to burn on any property within this village a recreational fire where the smoke or odor from that fire shall cause inconvenience to any person of ordinary sensibilities on any adjoining or nearby property including public streets. Inconvenience shall include visible smoke or persistent odors within a house or in the yard of adjoining or nearby properties requiring the closing of windows to avoid such smoke or odors or the persistence of odors which permeate adjoining property so as to linger after the fire is out.
(2) No recreational fire shall be permitted within 20 feet of any property line of the property where the fire is located. No recreational fire shall be permitted within ten feet of any house, garage, building, or any flammable structure unless the fire is contained in a metal, ceramic or other fire-proof device.
(3) Recreational fires shall have a total fuel area of three feet or less in diameter and two feet or less in height (Ohio EPA 3745-19-03) and contained in a ring.
(4) All recreational fires shall be attended by a person of at least 18 years of age at all times and there shall be present in the immediate vicinity of the fire at least one portable and fully operable fire extinguisher or other fire suppression equipment such as an adequate supply of sand or water or a connected and operable water hose. Recreational fires shall only burn untreated wood and shall not be used for the purpose of burning trash, garbage, plastic or other waste.
(5) When it shall come to the attention of the Village Police Department or Township Fire Department that a recreational fire exists which is in violation of any provision of this section, a police officer shall advise the property owner or occupant of the violation and may observe the adjustment necessary to bring the fire within the requirements of this section. In the event that the property owner or occupant fails to bring the fire into compliance with this section, or in the event the police are contacted and determine that a second or continued violation of the provisions of this section at the same location has occurred within any 12 consecutive hour period, the owner or occupant shall be deemed in violation of this section and a citation shall be issued. The requirement that a warning be issued prior to the issuance of a citation shall not apply to any person who has been issued a warning in the preceding 30 days.
(6) Whoever violates any provision of this section, after being advised of the violation as provided in division (I)(5) of this section, shall be guilty of a minor misdemeanor and upon a second or subsequent violation within one year of the first conviction a misdemeanor of the fourth degree. In addition, if a police officer or the Fire Department determines upon inspection that the fire presents a risk of spreading, it shall immediately be extinguished.
(7) Nothing in this section shall be deemed to amend Chapter 1501, Ohio Fire Code, or this chapter, but in the event of a conflict with the provisions in those chapters, the more restrictive regulations shall control.
(`94 Code, § 1511.05) (Ord. 3-2016, passed 2-23-16) Penalty, see § 93.99