(A) Purpose. 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 by regulating the air pollution and fire hazards of open burning and outdoor burning.
(B) Title. This section shall be known as the “City of Saginaw Outdoor and Open Burning Ordinance”.
(C) Applicability. This section applies to all outdoor burning and open burning within the city.
(1) This section does not apply to grilling or cooking food using charcoal, wood, propane, or natural gas in cooking or grilling appliances.
(2) This section does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation.
(3) This section does not apply to the use of propane, acetylene, natural gas, gasoline, or kerosene in a device intended for heating, construction, or maintenance activities.
(D) Severability. Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.
(E) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
CONSTRUCTION AND DEMOLITION WASTE. Building waste materials, including, but not limited to, waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
FIRE CHIEF. The Chief of the City of Saginaw Fire Department or other person designated by the City Manager.
FIRE PIT. A brick, masonry, cement, or stone constructed fireplace or metal fire ring for open burning the upper surface of which is not more than 18 inches above the surrounding grade, with an inside bottom surface that is not more than six inches below the surrounding grade, and with an inside dimension where combustion can take place that is not more than nine square feet of area at either the top or bottom.
MUNICIPALITY. A county, township, city, or village.
NUISANCE. A foul or obnoxious odor, the emission of smoke that obstructs vehicle or pedestrian traffic on a nearby public road, sidewalk, or walkway; the emission of smoke that interferes unreasonably with the peaceful enjoyment of the adjacent properties, or any other by-product of outdoor or open burning that creates a nuisance as defined by § 94.001 by this code of ordinances.
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 a chimney. This includes burning in a burn barrel.
OUTDOOR BURNING. Open burning or burning in an outdoor wood-fired boiler, patio wood burning unit, or approved fire pit.
OUTDOOR WOOD-FIRED BOILER. A wood-fired boiler, stove, or furnace that is not located within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT. A chimnea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
REFUSE. Any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.
(F) General prohibition on outdoor burning and open burning. Open burning and outdoor burning are prohibited in the city unless the burning is specifically permitted by this section.
(G) Agricultural burning. Open burning of weeds, brush, and crop stubble on agricultural lands is allowed if conducted in accordance with other applicable provisions of this section.
(H) Prescribed burning.
(1) PRESCRIBED BURN means the burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels. A PRESCRIPTION means a written plan establishing the criteria necessary for starting, controlling, and extinguishing a burn.
(2) Fires set for forest, prairie, and wildlife habitat management are allowed only if conducted in accordance with Part 515 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L. §§ 324.51501 et seq.
(3) The owner of the property where the prescribed burn is to occur shall first obtain a permit as required in division (L) below.
(I) Outdoor wood-fired boilers. An outdoor wood-fired boiler may be installed and used in the city only in accordance with all of the following provisions.
(1) The outdoor wood-fired boiler shall be installed and used only in an area zoned for R-1A use and consistent with other zoning requirements.
(2) The outdoor wood-fired boiler shall not be used to burn refuse.
(3) The outdoor wood-fired boiler shall be located at least 100 feet from the nearest building which is not on the same property as the outdoor wood-fired boiler and at least 25 feet from the nearest building which is on the same property.
(4) The outdoor wood-fired boiler shall have a chimney that extends at least ten feet above the ground surface. If there are any residences within 300 feet of the outdoor wood-fired boiler, the chimney shall also extend at least as high above the ground surface as the height of the roof of the tallest of such residences. The Fire Chief may approve a lesser height on a case-by-case basis if necessary to comply with the boiler’s manufacturer recommendations and if the smoke from the lower chimney height does not create a nuisance for adjacent neighbors.
(5) The owner of the outdoor wood-fired boiler shall obtain an annual permit from the Fire Chief in accordance with division (L) below.
(J) Patio wood-burning units. A patio wood-burning unit may be installed and used in the city only in accordance with all of the following provisions.
(1) The patio wood-burning unit shall not be used to burn refuse.
(2) The patio wood-burning unit shall burn only clean wood.
(3) The patio wood-burning unit shall be located at least 25 feet from the nearest structure which is not on the same property as the patio wood-burning unit.
(4) The patio wood-burning unit shall not cause a nuisance to neighbors.
(5) The owner of the property where the patio wood-burning unit is used has obtained a permit as required in division (L) below.
(6) A fire contained in an approved patio wood-burning unit shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
(K) Fire pits. Fire pits shall not be constructed in the front yard of a residence or business and they shall be located at least 25 feet from any structure or fence.
(L) Burning permits.
(1) No person shall start or maintain any outdoor burning or open burning covered under this section without a permit issued by the Fire Chief.
(2) No person shall use a patio wood-burning unit without first having obtained a one-time patio wood-burning unit permit issued by the Fire Chief. The fee for each one-time burning permit shall be established by City Council and posted in the Fire Department. The permit shall only allow use of the unit for which it is issued and shall apply only to the use of that patio wood-burning unit on the property for which it was issued.
(3) The owner or occupant of the property shall obtain an annual burning permit for each wood-fired boiler as appropriate and as required by division (I)(5) above before using the outdoor wood-fired boiler. The fee for each annual burning permit shall be established by City Council and posted in the Fire Department. An annual permit expires on June 1 of each year.
(4) When weather conditions warrant, the Fire Chief may temporarily suspend issuing burning permits and may temporarily suspend previously issued burning permits for open or outdoor burning.
(5) A permit issued under this division (L) shall require compliance with all applicable provisions of this section and any additional special restrictions deemed necessary to protect public health and safety.
(6) Any violation of the conditions of a permit shall be deemed a violation of this section. Any violation of this section or the permit shall void the permit.
(7) Before conducting an outdoor burning or open burning or using a patio wood-burning unit, the property owner, or other person needing a permit, shall contact the Fire Chief for an inspection of the property and/or any outdoor burning appliance to obtain the required permit. A permit will not be issued until an inspection has been conducted by the Fire Chief or his or her designee.
(M) Liability. A person utilizing or maintaining a fire as an outdoor or open burn shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
(N) Right of entry and inspection.
(1) The Fire Chief or any authorized person who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.
(2) Any person applying for a permit for a patio wood-burning unit shall permit inspection by the Fire Chief or any authorized person of the unit and the location where it will be located for compliance with this section before using the unit.
(O) Enforcement. The Fire Chief or any authorized officer, agent, employee or representative of the city is authorized to enforce the provisions of this section.
(Prior Code, § 92.16) (Ord. O-152, passed 10-23-2013, effective 11-2-2013) Penalty, see § 92.99