(A) No person shall kindle or maintain any bonfire, knowingly furnish the material for any bonfire, or authorize any bonfire to be kindled or maintained on or in any street, avenue, road, land, public ground, or on any private lot within the limits of the town or extraterritorial jurisdiction, unless permission to do so has first been secured from the Fire Chief, Fire Marshal or his or her designee.
(B) The town Fire Chief, or his or her designee, is hereby authorized to issue permits to allow open burning within the town for the types of fires as allowed by the NC Building Code: Fire Code.
(1) Training of firefighting personnel: no permit fee will be charged to the town Fire-Rescue- EMS Department;
(2) Demonstrations in public fire education classes or for instructing persons in the operation of fire extinguishers or other firefighting tactics;
(3) Human warmth and comfort;
(4) Testing and development of firefighting materials or equipment;
(5) Burning of flammable gasses when in accordance with the North Carolina Department of Environment and Natural Resources regulations during normal maintenance or emergency operations;
(6) Pursuant to a valid permit duly issued by the State of North Carolina Department of Environment and Natural Resources, Air Quality Division, when applicable.
(7) Other burning that is in accordance with the North Carolina Department of Environment and Natural Resources regulations and deemed appropriate by the town Fire Chief or his or her designee;
(8) Permits issued under the section shall be issued in the name of the person undertaking the burning who shall be designated the responsible party. Permits shall specify the specific tract, parcel, or area on which the burning is to occur. The responsible party must be in control of the fire and attend the fire at all times.
(9) All open burning permits may be denied by the Fire Chief or his or her designee, upon a determination by the Fire Chief or his or her designee that hazardous fire conditions exist or in which any condition or variable change that create a hazard or nuisance.
(10) All open burning permits issued pursuant to this section may be suspended by the Fire Chief or his or her designee, upon a determination by the Fire Chief or his or her designee, that hazardous fire conditions exist.
(11) Any action taken by Fire-Rescue-EMS, or any designee, pursuant to this section including but not limited to refusal to issue a burning permit may be appealed, in writing, to the Fire Chief within three days. Furthermore, appeals may be made to the Town Manager within ten days of the action taken. The decision made by the Town Manager shall be final.
(Ord. 11-O-255, passed 2-14-2011)