14-10  OPEN BURNING.

 

       (A)  Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

               CLEAN LUMBER.  Wood or wood products that have been cut or shaped and includes wet, air-dried and kiln-dried wood products and does not include commercial or industrial waste or wood products that have been painted, pigment-stained or pressure-treated using any hazardous or toxic compounds.

 

               FIRE TRAINING.  The instruction of industrial, public and private firefighters conducted in accordance with safety standards and procedures as accepted by the Kentucky State Fire Marshal, the Kentucky Fire Commission or the National Wildfire Coordinating Group.

 

               GARBAGE.  Putrescible animal and vegetable matter accumulated in the course of ordinary day-to-day living.

 

               HOUSEHOLD RUBBISH.  Waste material and trash normally accumulated by a family in a residence in the course of ordinary day-to-day living, except for garbage, cans, glass, plastic, or other potentially hazardous waste materials.

 

               LAND CLEARING.  Clearing of land for agricultural, residential or commercial development purposes, including the construction of roads.

 

               OPEN BURNING.  Burning of any matter without a burn chamber approved by the Kentucky Division for Air Quality, or without a stack or chimney with control devices approved by the Kentucky Division for Air Quality.

 

               RECOGNIZED AGRICULTURAL, SILVICULTURAL, RANGE, ECOLOGICAL OR WILDLIFE MANAGEMENT PRACTICES.  Burning recognized by the Kentucky Department of Agriculture, the United States Department of Agriculture, the Kentucky Division of Forestry, the United States Forestry Service, the Kentucky Department of Fish and Wildlife, the Kentucky State Nature Preserves Commission, or the United States Fish and Wildlife Service as necessary to promote cultivation of crops, range, and forest lands, weed and understory abatement and pest control and prevention.

 

       (B)  Where and when prohibited. It shall be unlawful to kindle or maintain any fire in any form without the expressed written consent of the Fire Chief or his or her designee:

 

               (1)   On any public street, alley, roads or other public grounds;

 

               (2)   The burning of garbage, rubbish or flammable and hazardous material that gives off noxious odors, such as, but not limited to, furniture, tires, bedding, leaves and grass;

 

               (3)   Permitted open fires shall be located not less than 50 feet (15 m) from any structure and 75 feet from any wood line [2006 NFPA 1 - 10.11.2.1.];

 

               (4)   Where burning is conducted on public property or the property of someone other than the permit applicant, the permit applicant shall demonstrate that permission has been obtained by the appropriate government agency, the owner or the owner’s authorized agent [2006 NFPA 1-10.11.1.2]; and

 

               (5)   Within 15 feet of fence or property line.

 

       (C)  Non permit-required open burning. No person shall cause, suffer or allow any open burning except as follows:

 

               (1)   Fires set for the cooking of food for human consumption [401 KAR 63:005];

 

               (2)   Fires set for recreational or ceremonial purposes [401 KAR 63:005]; and

 

               (3)   Small fires set by construction and other workers for comfort heating purposes:

 

                      (a)   Providing excessive or unusual smoke is not created;

 

                      (b)   The ambient temperature is below 50º Fahrenheit;

 

                      (c)   Only clean lumber or vegetative matter is burned; and

 

                      (d)   The fire is burned in a container not exceeding 55 gallons in size [401 KAR 63:005].

 

       (D)  Guidelines for open burning as permitted in divisions (C)(1) through (3) above.

 

               (1)   The following guidelines for open burning as permitted in divisions (C)(1) through (3) above shall apply.

 

                      (a)   It shall be the responsibility of the person or persons starting the fire to ensure that no fire contains any potentially hazardous substances (i.e., tires, rubbish, plastics and the like) prior to burning.

 

                      (b)   Open fires and cooking fires shall be constantly attended by a competent person until the fire is extinguished. This person shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available [2006 NFPA 1 - 10.11.3].

 

                      (c)   Any and all fires may be required to be extinguished at the discretion of the Fire Chief or his or her designee. Extinguishment shall be performed by the developer, contractor, landowner and/or person starting the fire. If they are not capable of extinguishment, the Fire Department shall extinguish the fire, with the developer, contractor, landowner or person starting the fire being responsible for financial reimbursement for the cost of extinguishing the fire to the city.

 

                                                    

                      (d)   Fires shall be located not less than 50 feet from any structure and 75 feet from any wood line.

 

                      (e)   Conditions that could cause a fire to spread to within 25 feet (7.6 m) of a structure shall be eliminated prior to ignition [2006 NFPA 1 - 10.11.2.4].

 

               (2)   The Fire Chief or his or her designee may prohibit, at his or her discretion, any and all permitted open fires when atmospheric conditions or local circumstances make the fire hazardous.

 

       (E)  Permit-required open burning. Any person who causes, suffers or allows any open burning of the following types shall first obtain permission from the Fire Chief or his or her designee:

 

               (1)   Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires;

 

               (2)   Fires set for recognized agricultural, silvicultural, range and wildlife management practices;

 

               (3)   Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the disposal of absorbent material used in their removal, where no other economically feasible means of disposal is available and practical;

 

               (4)   Fires set for the disposal of trees and/or limbs where no other alternative is available; and

 

               (5)   Fires set for disposal of natural growth for land clearing for construction purposes.

 

       (F)   Guidelines for open burning as permitted in divisions (E)(1) through (5) above.

 

               (1)   The following guidelines for open burning as permitted in divisions (E)(1) through (5) above shall apply.

 

                      (a)   It shall be the responsibility of the person or persons starting the fire to ensure that no fire contains any potentially hazardous substances (i.e., tires, rubbish, plastics and the like) prior to burning.

 

                      (b)   Open fires and cooking fires shall be constantly attended by a competent person until the fire is extinguished. This person shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available [2006 NFPA 1 - 10.11.3].

 

                      (c)   Any and all fires may be required to be extinguished at the discretion of the Fire Chief or his or her designee. Extinguishment shall be performed by the developer, contractor, landowner and/or person starting the fire. If they are not capable of extinguishment, the Fire Department shall extinguish the fire, with the developer, contractor, landowner or person starting the fire being responsible for financial reimbursement for the cost of extinguishing the fire to the city.

 

                      (d)   Fires shall be located not less than 50 feet from any structure.

 

                      (e)   Conditions that could cause a fire to spread to within 25 feet (7.6 m) of a structure shall be eliminated prior to ignition [2006 NFPA 1 - 10.11.2.4].

 

               (2)   The Fire Chief or his or her designee may prohibit, at his or her discretion, any and all permitted open fires when atmospheric conditions or local circumstances make the fire hazardous.

 

       (G)  Enforcement. The provisions of this section shall be enforced by the Fire Chief, his or her designee or city police officers.

 

       (H)  Penalty for violation.  Any person, firm or corporation violating any of the provisions of this section, or neglecting to comply with the order issued pursuant to this section shall be guilty of a misdemeanor and shall be fined not less than $75, nor more than $500, or imprisoned for not more than 12 months, or both the fine and imprisonment. Each day’s violation shall constitute a separate offense. Any persons violating this section may also be found guilty of a civil offense. The civil fine shall be not less than $50, nor more than $500. The civil fine shall be paid directly to the city. If the fine is not paid within 30 days of notification, then the city may recover the fine in a civil action in a court of proper jurisdiction. The city may also obtain injunctions or abatement orders to ensure compliance with this section or pursue administrative remedies when appropriate, including injunctions and abatement proceedings.

(Ord. passed 9-21-1993; Ord. passed 11-19-1997; Ord. passed 9-9-2002; Ord. 09-08-1074, passed 8-10-2009)

Cross-reference:

       Building, Fire, Housing and Safety Standards, see Chapter 4

Editor’s note:

       An ordinance of 2-15-1983, §§ 1 through 6, enacted the provisions codified as § 14-10 above.

         Since the ordinance did not expressly amend this code, the manner of codification has been at

         the discretion of the editor.