§ 94.53  OPEN BURNING BY PERMIT.
   (A)   Open burning may be conducted if an open burning permit is obtained pursuant to this subchapter and the open burning is conducted in accordance with the requirements of this section and the conditions of the permit.
   (B)   (1)   Application. Application for open burning permits may be made in cases where fires are proposed to be set for the following purposes:
         (a)   The bona fide instruction and training of fire personnel and for the testing of fire extinguishing equipment;
         (b)   The elimination of fire and health hazards which cannot be abated by any other practicable means;
         (c)   Activities in accordance with accepted forest or game management;
         (d)   Ground thawing for utility repair and construction;
         (e)   The disposal of trees, brush, grass and other vegetative matter in the development of land and right-of-way maintenance;
         (f)   The disposal of diseased shade trees;
         (g)   The disposal of trees and brush in areas outside the Metropolitan Area;
         (h)   Activities in accordance with accepted agricultural practices;
         (i)   The disposal of building material generated by construction; and
         (j)   The disposal of building material generated by the demolition of non-commercial or non-institutional structures.
      (2)   Restrictions. A burning permit shall be issued on a prescribed form to the applicant if the burning is for one of the purposes set forth in division (B)(1) above and the applicant agrees that all burning shall be conducted under the following circumstances.
         (a)   The burning shall be conducted on a specified date and time, and the permit shall automatically expire at midnight of the day for which the burning is permitted.
         (b)   The prevailing wind at the time of the burning shall be away from nearby residences.
         (c)   The burning shall be conducted as far away as practical from any highway or public road and controlled so that traffic hazard is not created.
         (d)   The burning may not be conducted during the duration of an air pollution alert, warning or emergency.
         (e)   The recipient of the permit or an authorized representative shall be present for the duration of any fire authorized by permit.
         (f)   Prior notice of the time and location of any fire authorized by the permit shall be given to the local Department of Natural Resources officer, the local Fire Marshal or the local Fire Chief and the Police Department.
         (g)   Open burning for ground thawing shall be conducted in accordance with the following additional restrictions.
            1.   Fuels and starting materials shall be of a kind which do not generate appreciable smoke.
            2.   Coke used for ground thawing within 500 feet of dwellings or occupied buildings shall contain less than 1% sulfur.
            3.   Ambient air quality standards for sulfur dioxide and carbon monoxide shall not be exceeded at occupied residences other than those located on the property on which the burning is being conducted.
            4.   Propane gas thawing torches or other devices causing minimal pollution shall be used when practicable.
         (h)   Open burning of material pursuant to divisions (B)(1)(e) through (B)(1)(j) above shall be conducted in accordance with the following additional restrictions.
            1.   The location of the burning shall not be within 600 feet of an occupied residence other than those located on the property on which the burning is conducted.
            2.   Oils, rubber and other similar smoke producing materials shall not be burned or used as starting material.
            3.   Unless approved by the Director, the burning shall not be conducted within one mile of any airport or landing strip.
         (i)   Open burning of materials pursuant to division (B)(1)(i) above shall also only be conducted under the controlled burning methods approved by the Director.
         (j)   The burning shall be conducted under such other reasonable conditions as the permit issuing authority may impose.
      (3)   Permit denial. Any permit application submitted pursuant to this subchapter shall be denied if a reasonable and practical alternative method of disposal of the material is available and/or a nuisance condition would result from the burning.
      (4)   Permit revocation. Any permit is subject to revocation at the discretion of the state’s Pollution Control Agency, the city’s Fire Chief or the city if any of the following occur:
         (a)   A reasonable and practical method of disposal of the material is found;
         (b)   A fire hazard exists or develops during the course of the burning; or
         (c)   Any of the conditions of the permit are violated.
(1994 Code, § 6-3.6)