(A) No person shall cause, allow, or maintain any open burn except the following:
(1) A fire primarily for the cooking of food for non-commercial purposes, provided that only untreated wood is used as fuel. However, a fire determined by the County Fire Protection District to be in excess of that appropriate for the cooking of food, or a fire for which the cooking of food is an inconsequential activity, shall be subject to division (A)(2);
(2) A fire for recreational or ceremonial purposes provided that only untreated wood is used as fuel, and the fire is no longer than 5 feet long by 5 feet wide by 5 feet high at all times;
(3) A fire for weed abatement, disease control, pest prevention, or for other recognized management practices;
(4) A fire for disposal of natural growth for land clearing, fallen trees, limbs, and brush, provided that the materials are burned on the site where they were generated;
(5) A fire for the control of a public health hazard, provided that no other safe means of disposal are available, and only if a permit has been issued by the Cabinet;
(6) A fire for the control or prevention of a fire or safety hazard, provided that no safe alterative is available;
(7) A fire for the purposes of instruction and training of public and industrial employees in the methods of fighting fires;
(8) A fire for construction and other workers for comfort heating purposes when daytime temperatures are below 40°F, provided that excessive or unusual smoke is not created; only untreated wood is used as fuel; the fire is contained in a metal vessel that does not exceed the size of a 55 gallon drum; and the fire is not left unattended for more than 15 minutes while workers are present at the job site. Fires must be extinguished whenever workers leave the job site; and
(9) A special-case fire not otherwise addressed in divisions (A)(1) through (A)(8) approved by the County Fire Protection District on a case-by-case basis at the District’s discretion.
(B) No person shall cause, allow, or maintain any open burn of business waste, construction waste, or household solid waste.
(C) No personal shall cause, allow, or maintain any open burn during the fire hazard season within 150 feet of any woodland or brushland, except between the hours of 6:00 p.m. Eastern Standard Time and 6:00 a.m. Eastern Standard Time.
(D) Tires, used oil, heavy oil, and gasoline shall not be used to start or maintain any fire described in division (A).
(E) Muck or any similar waste matter shall not be burned.
(F) The County Fire Protection District may impose limitations or prohibitions on a fire allowed by divisions (A)(1) through (A)(9), including, but not limited to, the composition and amount of material to be burned; the frequency of fires; the time and day for the burning; and the location of the fire. The Fire Protection District may, at its discretion, refuse or set forth certain restrictions on an open burn in the event there is a threat of spread of fire.
(G) Any person seeking to cause, allow, or maintain any open burn provided in divisions (A)(1) through (A)(9) must contact the Fire Protection District’s non-emergency telephone line (859-873-4100) and request approval for the open burn from the City of Versailles dispatch. No person shall cause, allow, or maintain any open burn unless the request is approved. The Fire Protection District may establish reasonable rules to regulate open burns, including conditions that may be placed upon approvals.
(H) No request for an open burn shall be granted that would be in violation of KRS Chs. 149, 150, or 227, 401 KAR Chs. 51 or 63, or other state or local law.
(I) This section only applies to unincorporated areas of the county, and is not intended to preempt any ordinances established by the cities of Versailles or Midway, or to apply to any properties located in the cities of Versailles or Midway.
(Ord. 12-02 § 5.1, passed 11-12-2002; Am. Ord. 2018-04, passed 6-12-2018)