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§ 91.05 BURNING OF BUILDING OR STRUCTURE FOR TRAINING PURPOSES.
   The Chief of the Fire Department may permit the burning of any suitable building or structure for Fire Department training purposes with the permission of the owner provided that the burning of any building or structure pursuant to this section shall be conducted in a manner approved by the Fire Chief.
(Prior Code, § 7-5) (Ord. 979, passed 3-19-2004)
§ 91.06 OPEN BURNING.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BRANDING IRON BURNER. A stove, furnace or device constructed of non-combustible materials used to heat irons for the purpose of branding livestock, fueled by cut or split wood or liquid fuel and constructed so that the heat source is contained in such a manner that sparks or embers are not allowed to freely escape into the open atmosphere and located not closer than 15 feet from any combustible surface and continually attended.
      CAMPFIRE. A campground or backyard type fire that has a maximum fuel area of three feet, without screening. A CAMPFIRE may be fueled by cut or split wood or liquid fuel and must be located not closer than 15 feet from any combustible surface and continually attended.
      CAMPGROUND. Any commercial campground that is permitted by the city, the state or the United States Forest Service that is operated by said agency or private individuals or corporations.
      CHARCOAL GRILL. A metal or stone device not resting on the ground with a metal grate designed to cook food using charcoal briquettes.
      LIQUID FUEL GRILL. A metal or stone device designed to cook food using gaseous combustible fuel.
      OPEN FIRE. Any outdoor fire. OPEN FIRE shall not include charcoal grills, outdoor fireplaces, liquid fuel grills or branding iron burners as defined herein.
      OUTDOOR FIREPLACE. A manufactured appliance constructed of non-combustible materials, with a maximum fuel area of three feet, constructed to include a screen, chimney or other device placed above the fuel area so that the heat source is contained in such a manner that sparks or embers are not allowed to freely escape into the open atmosphere. An OUTDOOR FIREPLACE may be fueled by cut or split wood or liquid fuel and must be located not closer than 15 feet from any combustible surface and continually attended.
   (B)   Regulations.
      (1)   Open fire. No person shall set an open fire within the city when the National Weather Service has declared the Grassland Fire Danger Index to be in the “high,” “very high” or “extreme” category within the city. Use of an open fire is allowed only when the Grassland Fire Index falls in the “moderate” category or below. The prohibition against open fire, as provided herein, shall automatically be suspended during any time period the Grassland Fire Danger Index falls below the “high” category within the city.
      (2)   Campgrounds. The ban on open burning (open fire) does not apply to those designated areas of any commercial, city, state or federal campground that is permitted by the city except when the National Weather Service has declared the Grassland Fire Danger Index to be in the “extreme” category within the city or unless otherwise specifically banned by a resolution of the City Council.
      (3)   Burn permits. A permit is required for any open burning which includes the purpose of land clearing.
(Prior Code, § 7-6) (Ord. 1159, passed 7-16-2012) Penalty, see § 91.99
FIRE PREVENTION CODE
§ 91.20 INTERNATIONAL FIRE CODE ADOPTED.
   The Common Council hereby adopts the 2021 International Fire Code as published by the International Code Council, including appendix B, C and D. A copy of the Code shall be on file in the office of the City Building Official.
(Prior Code, § 7-46) (Ord. 878, passed 4-3-2000; Ord. 989, passed 8-20-2004; Ord. 1064, passed 7-2-2007; Ord. 1126, passed 10-4-2010; Ord. 1170, passed 1-22-2013; Ord. 1230, passed 2-1-2016; Ord. 1298, passed 2-4-2019; Ord. 1349, passed 11-15-2021)
§ 91.21 CONFLICTS.
   In the event of any conflict between the provisions of the code adopted in § 91.20 and applicable provisions of this code, state law or city ordinance, the provisions of this code, state law or city ordinance shall prevail and be controlling.
(Prior Code, § 7-47) (Ord. 1298, passed 2-4-2019)
§ 91.22 DEFINITION.
   For the purpose of the code adopted in § 91.20, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   MUNICIPALITY. The City of Spearfish.
(Prior Code, § 7-48)
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