§ 95.005 OPEN BURNING.
   (A)   No person shall burn or cause to be burned outside of a building any materials, including leaves, pinestraw, and other waste material, unless:
      (1)   The burning meets all applicable NC Fire Codes and NC Division of Air Quality standards; and
      (2)   The purpose of the burning is to eliminate the by-products of land clearing activities; maintaining natural habitat, pest control, ceremonial, firefighter training, cooking/warmth; and
      (3)   The fire official in charge at the main fire station approves the burning.
   (B)   Exception. For the use at a 1 or 2 family dwelling, open burning in portable, outdoor fireplaces, chimeras or a fire pit is allowed without a burning permit if done in a container that is wholly constructed of non-combustible material, and meets the following requirements:
      (1)   Only natural firewood/commercial logs may be burned.
      (2)   All fire containers must be located away from any structure or combustible material.
         (a)   Belowground fire pits and freestanding fireplaces must be located a minimum of 25 feet away from any structure or combustible material.
         (b)   Portable devices must be located a minimum of 15 feet away from any structure or combustible material.
      (3)   The fire must be constantly attended and supervised until the fire has been completely extinguished.
      (4)   A portable fire extinguisher or other approved extinguishing equipment, such as a garden hose, must be readily available.
      (5)   A FIRE PIT includes belowground pits, freestanding fireplaces, and portable devices intended to contain and control outdoor fires. All belowground fire pits shall be at least 4 inches in depth and shall be surrounded on the outside, aboveground, by a non-combustible material such as steel, brick, or masonry. The fire pit cannot exceed 3 feet in diameter, nor may the fire pit exceed 2 feet in height. Fire pits may be used in accordance with the manufacturer’s specifications and these regulations.
      (6)   Note: In all cases the fire official in charge is authorized to order the extinguishment by the responsible person, or the Fire Department, of any burning that creates or adds to a hazardous or objectionable situation.
(1989 Code, § 95.06) (Am. Ord. 511, passed 11-8-1994; Am. Ord. 1516, passed 8-13-2013) Penalty, see § 95.999