(a) Definitions.
(1) “Open burning” is defined as the burning of material wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires.
(2) “Recreational fire” is defined as an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet or less in diameter and two feet or less in height, for pleasure, religious, ceremonial cooking, warmth or similar purpose.
(b) (1) Except as otherwise provided herein, open burning is prohibited in the Village of Walton Hills, Ohio.
(2) The following open burning is permitted subject to any other limitations contained in this section.
A. Recreational fires shall be permitted provided that recreational fires shall not be utilized for waste disposal purposes, shall be of minimal size, and the fuel shall be chosen to minimize the generation and emission of air contaminants. Only clean, dry wood may be burned. Burning of yard waste, construction debris, rubbish, garbage, trash, etc. is prohibited. The location of any recreational fire shall not be less than 25 feet from any structure.
B. An outdoor fire utilized for ceremonial purposes is permitted, provided prior approval has been obtained from the Fire Department. A ceremonial bonfire permit must be obtained from the Fire Prevention Bureau prior to the fire.
C. The use of chimineas and other outdoor fireplaces is permitted. They are controlled burning devices. These devices shall be located at least five feet from a combustible building.
D. Fires in approved containers shall be permitted, provided that the use of grilles on balconies of apartments/condominiums is prohibited. Grilles must be located on the ground at least fifteen feet from any structure.
(c) The following regulations apply to all permitted open burning.
(1) Open burning is prohibited that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. If the Fire Department responds to a report of open burning, the officer in charge will use reasonable judgment to determine if the fire is hazardous and may order it moved, reduced in size, or extinguished.
(2) Open burning shall not be utilized for waste disposal purposes, shall be of minimal size, less than three feet in diameter and two feet in height. The fuel shall be chosen to minimize the generation and emission of air contaminants.
(3) A permitted fire shall be constantly attended until extinguished. A means for fire extinguishment such as a fire extinguisher, garden hose, bucket of water, sand, etc. shall be available for use at all times. Children shall not be permitted to play with or near a fire.
(4) If smoke or odor is from a chimney of an enclosed building, the Fire Department may request the owner to extinguish it. The Fire Department cannot enter the building without permission or probable cause (e.g. possible fire inside).
(d) Notwithstanding anything contained herein, any conflict between this section and Ohio Administrative Code 3745.09-01, et. seq., shall be resolved pursuant to the provisions of the Ohio Administrative Code which shall prevail.
(Ord. 2008-20. Passed 6-17-08.)