§ 91.29  ADDITIONAL REQUIREMENTS AND RESTRICTIONS ON OPEN BURNING.
   (A)   Generally.  A person shall not cause or allow open burning unless approved in accordance with this code and any other applicable federal, state and local laws and regulations.
   (B)   Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BONFIRE.  An outdoor fire utilized for ceremonial purpose.
   OPEN BURNING.  The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.  For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
   RECREATIONAL FIRE.  AAn outdoor fire utilized to cook food for human consumption or other recreational purpose.
   (C)   Allowable burning.  Open burning shall be allowed without prior notification to the code official for recreational fires, highway safety flares, smudge pots and similar occupational needs.
   (D)   Approval required.  Open burning shall be allowed after obtaining approval from the code official for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, providing heat for outdoor workers, and a bonfire.
      (1)   Application.  Applications for open burning shall be submitted in writing at least ten days before the fire is set and shall be in such form and contain such information as required by the code official.  Such application shall contain, as a minimum, information regarding: the purpose of the proposed burning, the nature and quantities of material to be burned, the date when such burning will take place, the location of the burning site, and the on-site fire-extinguishing equipment to be provided.
      (2)   Authorization.  Open burning shall be permitted with prior notification to the code official and upon receipt of written permission from the jurisdictional Environmental Protection Agency (EPA) authority, provided that any conditions specified in the permission are followed for:
         (a)   Disposal of hazardous or toxic material where the EPA determines that there is no practical alternative method of disposal.
         (b)   Instruction in methods of fire fighting or for research in control of fires, in emergency or other extraordinary circumstances for any purpose determined to be necessary by the EPA.
         (c)   Disposal of landscape waste except residential and agricultural waste.
         (d)   Recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production.
      (3)   Where EPA permission is not applicable.  Where the jurisdictional EPA written permission is not applicable, the code official shall give written permission provided that approved fire safety requirements and emission standards will be met.
      (4)   Open burning prohibited.  The code official shall prohibit open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The code official or police officer or fire officer shall order the extinguishment, by the permit holder or the Fire Department, of any open burning which creates or adds to a hazardous or objectionable situation.
   (E)   Location.  The location for any open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.  Fires in approved containers shall be permitted, provided that such fires are not less than 15 feet from any structure.
   (F)   Materials.  Open burning shall not be utilized for waste disposal purposes, shall be of the minimum size for the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
   (G)   Attendance.  Any open burning shall be constantly attended until the fire is extinguished.  At least one portable fire extinguisher with a minimum 4-A rating, two portable fire extinguishers with a minimum 2-A rating each, or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
   (H)   Bonfire size and duration.  A bonfire shall not be more than five feet by five feet by five feet in dimension and shall not burn longer than three hours.  The maximum size and duration of a bonfire shall not be increased by the code official unless it is determined that fire safety requirements of the situation and the desirable duration of burning warrant the increase.
      (1)   Material.  Fuel for a bonfire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper.  The fire shall not be utilized for waste disposal purposes, and the fuel shall be chosen to minimize the generation of air contaminants.
      (2)   Permits.  All permits shall be requested by and issued to the owner of the land upon which the bonfire is to be kindled.
   (I)   Recreational fire size and duration. A recreational fire shall not be more than three feet by three feet in dimension and shall be attended by a competent person at all times until the fire is extinguished. The recreational fire shall be contained within a suitable appliance such as a chimnea or other non-combustible appliance. A containment area shall be created by the use of a continual surround of brick block or other non-combustible materials a minimum of three feet in diameter and four inches high. All fires shall be contained within the non-combustible surround.
      (1)   Material. Fuel for a recreational fire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper. The use of any ignitable liquids shall be prohibited. A recreational fire shall comply with division (E) in reference to location of fires. The fire shall not be utilized for waste disposal purposes, and the fuel shall be chosen to minimize the generation of air contaminants.
      (2)   Recreational fires shall only be conducted when the wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects to any public road, landing strip, navigable water, or habitable off-site structures or persons.
(‘65 Code, § 1507.05) (Am. Ord. 44-94, passed 7-19-94; Am. Ord. 04-073, passed 9-7-04)  Penalty, see § 91.99
Statutory reference:
   Open burning, recreational fires and portable outdoor fireplaces, general requirements, see O.A.C. § 1301:7-7-03(G)