(a) No person or property owner shall cause or allow open burning in a restricted area except as provided in subsections (b) to (d) hereof or in Ohio R.C. 3704.11.
(b) Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:
(1) Cooking for human consumption;
(2) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
Fires allowed by subsections (b)(1) and (b)(2) hereof shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.
(c) Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA:
(1) Prevention or control of disease or pests, with written or verbal verification to the Ohio EPA from the local health department, cooperative extension service, Ohio Department of Agriculture, or U.S. Department of Agriculture, that open burning is the only appropriate disposal method.
(2) Ceremonial fires provided the following conditions are met:
A. The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours;
B. The ceremonial fires shall not be used for waste disposal purposes; and
C. The fuel shall be chosen so as to minimize the generation and emission of air contaminants.
(d) Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA provided that any conditions specified in the permission are followed:
(1) Disposal of ignitable or explosive materials where the Ohio EPA determines that there is no practical alternate method of disposal;
(2) Instruction in methods of fire fighting or for research in the control of fires;
(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA; and
(4) Recognized horticultural, silvicultural, range or wildlife management practices.
(OAC 3745-19-03)