CHAPTER 1505
Open Burning
1505.01    Definitions.
1505.02   Open burning permit required, when.
1505.03   Permit application.
1505.04   Conditions applicable to all open burning.
1505.99   Penalty.
CROSS REFERENCES
      Air pollution control - see Ohio R.C. Ch. 3704
      Littering- see GEN. OFF. 521.08
      Criminal damaging or endangering - see GEN. OFF. 541.03
   1505.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Agricultural waste" means any waste material generated by crop, horticultural or livestock production practices, and includes such items as woody debris and plant matter from stream flooding, bags, cartons, structural materials, and landscape wastes that are generated in agricultural activities, but does not include land clearing waste, buildings (including dismantled/fallen barns or other outbuildings), garbage, dead animals, animal waste, motor vehicles and parts thereof, nor economic poisons and containers therefor, unless the manufacturer has identified open burning as a safe disposal procedure.
   (b)   "Building materials" means those materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade physical structure including, without limitation, houses, buildings, industrial or commercial facilities, or roadways.
   (c)   "Economic poisons" include but are not restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides and fumigants; herbicides, seed disinfectants and defoliants.
   (d)   "Garbage" means any matter resulting from the handling, processing, preparation, cooking and consumption of food or food products.
   (e)   "Landscape waste" means any plant waste material, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.
   (f)   “Land clearing waste" means plant waste material which is removed from land, including plant waste material removed from stream banks during projects involving more than one property owner, for the purpose of rendering the land useful for residential, commercial or industrial development. Land clearing waste also includes the plant waste material generated during the clearing of land for new agricultural development.
   (g)   "Open burning" means the burning of materials wherein products of combustion are emitted directly into the ambient air, without passing through a stack or chimney from an enclosed chamber.
   (h)   "Residential waste" means any waste material, including landscape wastes, generated on the property of a one-, two-, three-, or multi-family residence as a result of residential activities, but not including garbage, rubber, grease, asphalt, liquid petroleum products, or plastics.
   (i)   "Recreational fire" means an outdoor fire where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three (3) feet or less in diameter and two (2) feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
   (j)   "Bonfire" means a recreational fire exceeding the size limitations for recreational fires specified in this section.
   (k)   "Outdoor fireplace" means an outdoor, solid-fuel-burning fireplace, pit or box that may be constructed of steel, concrete, brick, other masonry, clay or other noncombustible material, including commercially-manufactured portable outdoor fireplaces commonly marketed as "fire pits."
   (l)   "Outdoor cooking" means the preparation of food in barbecue grills, smokers and outdoor ranges, commercially manufactured and sold for the purpose of outdoor cooking, whether fixed or portable, and regardless of the type of fuel used.
      (Ord. 2022-147. Passed 10-10-22.)
   1505.02 OPEN BURNING PERMIT REQUIRED, WHEN.
     (a)    No person shall kindle or maintain or authorize to be kindled or maintained any open burning in the City without first being issued a permit therefor by the Bureau of Fire Prevention, except for the following purposes:
      (1)   Outdoor cooking,
      (2)   Recreational fires,
      (3)   Operation of outdoor fireplaces, for cooking or recreation,
      (4)   When necessary for occupational needs, fire safety training, or law enforcement purposes as specified in Section 3745-19-03 of the Ohio Administrative Code.
   (b)   A permit issued by the Bureau of Fire Prevention is expressly required prior to the conduct of all other open burning including, but not limited to:
      (1)   Silvicultural, range or wildlife management practices,
      (2)   Prevention or control of diseases or pests,
      (3)   Bonfires.
   (c)   The Bureau of Fire Prevention may deny a permit for open burning for the purposes identified in subsections (b)(1) and (b)(2) of this section if prior approvals of the state or local air and water quality management authorities have not been obtained. These authorities include the Ohio Environmental Protection Agency and the Akron Regional Air Quality Management District.
(Ord. 2022-147. Passed 10-10-22.)
   1505.03 PERMIT APPLICATION.
     (a)   When required an application for a permit to open burn shall be submitted in writing at least ten days before the fire is to be set. It shall be in such form and contain such information as required by the Bureau of Fire Prevention.
      (b)   Such application shall contain, at a minimum, information regarding:
           (1)    The purpose of the proposed burning;
            (2)    The nature and quantities of material to be burned;
            (3)    The date or dates when such burning will take place;
      (4)    The location of the burning site, including a map showing distances to residences, populated areas, roadways, air fields and other pertinent landmarks;
      (5)    The methods or actions which shall be taken to reduce the emissions of air contaminants;
           (6)    The unavailability of alternatives to open burning; and
            (7)    A subsection of these regulations which authorizes the open burning.
      (c)   Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the Bureau of Fire Prevention that open burning is necessary to the public interest; shall be conducted in a time, place and manner as to minimize the emission of air contaminants; and shall have no serious detrimental effect upon adjacent properties or the occupants thereof. The Bureau of Fire Prevention may impose such conditions as may be necessary to accomplish the purpose of this chapter.
   
   (d)    A permit to open burn shall be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by delay while written permission is sought, the fire may be set with oral permission of the Fire Chief.
      (e)    Violations of any of the conditions set forth by the Bureau of Fire Prevention in granting permission to open burn shall be grounds for revocation of such permission and refusal to grant future permissions, as well as for the imposition of other sanctions provided by law. A permit that is not used on the date or dates specified in the permit shall be deemed expired, and no fire shall be authorized without re-issuance of a permit with sufficient advance notice as specified in subsection (a) hereof.
  
    (f)    Any required permits from the Ohio Environmental Protection Agency and/or Akron Regional Air Quality Management District shall be secured by the applicant and presented to the Fire Chief or his or her designee prior to approval for open burning being issued.
(Ord. 2022-147. Passed 10-10-22.)
   1505.04 CONDITIONS APPLICABLE TO ALL OPEN BURNING.
   (a)    Commercially manufactured barbecue grills, smokers, outdoor ranges, and all outdoor fireplaces:
      (1)   Shall be operated only in accordance with the manufacturer's instructions and safety guidelines,
      (2)   Shall not be operated closer than ten (10) feet from the outside wall of any residential dwelling, and
      (3)   Shall not be operated on, under, or closer than ten (10) feet from a balcony.
      (b)    Recreational fires shall not be kindled or maintained within twenty-five (25) feet of any building, structure, or combustible material. Conditions that could cause a fire to spread within twenty-five (25) feet of a structure shall be eliminated prior to ignition.
   (c)   Open burning permitted with or without a permit under this Chapter shall not be used for waste disposal purposes. Fires shall be fueled with clean, seasoned firewood, natural or propane gas, commercially-sourced charcoal or pelletized wood fuel products, or other clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood. The burning of agricultural waste, building materials, garbage, landscape waste, land clearing waste, residential waste, rubber, grease, asphalt, liquid petroleum products, plastics, or any materials containing economic poisons is prohibited.
   (d)   All permits issued under this Chapter may be superseded or deemed cancelled by a ban on open burning issued by the State Fire Marshall pursuant to the Ohio Fire Code. No permit holder shall fail to comply with any such ban. No person shall kindle or maintain or authorize to be kindled or maintained any non-permitted open burning in violation of a ban on open burning issued by the State Fire Marshall.
(Ord. 2022-147. Passed 10-10-22.)
   1505.99 PENALTY.
   Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree.
(Ord. 2007 -166. Passed 12-28-07.)