The following activities are not in violation of this chapter:
(A) The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official;
(B) The burning of fuels for legitimate campfire, recreational and cooking purposes, or in domestic fireplaces, in areas when the burning is consistent with other laws, provided that no garbage shall be burned in these cases;
(C) The burning of waste gases, provided that in the cases of refineries all flares shall be equipped with smokeless tips or comparable devices to reduce pollution;
(D) Small open flames for heating tar, or welding, acetylene torches, highway safety flares and the like; and
(E) Open burning conducted in accordance with a permit granted by the Environmental Protection Agency of the state.
(1980 Code, § 21.503)