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OPEN BURNING; FIRE PREVENTION
94.65 OPEN BURNING PROHIBITED.

The open burning of any paper, garbage, refuse, waste, or any vegetable or plant or refuse, including, but not limited to, tree trimmings, weeds, leaves, grass, yard trimmings, and crop residues, or any other combustible material, is hereby prohibited, with the exception that fires set by a public official in the performance of an official duty shall be allowed, as shall fires used for private or public recreational purposes, as well as fires in outdoor fireplaces designed for cooking food. However, no fire referred to hereinbefore shall be used as an incinerator, or shall be permitted to become a nuisance or a source of annoyance or discomfort to any other person by reason of the emission of smoke, fumes, fly ash, dust, or soot.
(1983 Code, § 15-1) (Ord. 2761, passed 1-7-1997) Penalty, see § 94.99

94.66 EXCEPTIONS.

(A) The open burning of vegetable or plant refuse, including, but not limited to, tree trimmings, weeds, leaves, grass, yard trimmings, and crop residues, may be allowed, but only under the following conditions:

(1) After obtaining the proper verbal permit from the Fire Chief or the Fire Chief’s designee, and no permit shall be valid for longer than a 24-hour period;

(2) Burning shall be between the hours of 7:00 a.m. and 6:00 p.m., or sunset, whichever shall first occur;

(3) When atmospheric conditions will readily dissipate contaminants;

(4) On the premises on which that waste is generated;

(5) When that burning does not create a visibility hazard on streets, alleys, and public sidewalks, nor a hazard or fire risk due to wind or other atmospheric conditions;

(6) When that burning does not become a nuisance, annoyance, or discomfort to any other person by reason of the emission of smoke, fumes, fly ash, dust, or soot, or noxious odor;


(7) When that burning is constantly attended by a competent person until the burning is extinguished. This person shall have fire extinguishing equipment readily available for use as deemed necessary by the fire official; and


(8) When the location of the burning is approved by the fire official and is a safe distance from any structure, and adequate provisions are made to prevent fire from spreading to any structure, or the fire is contained in an approved burner located safely not less than 15 feet from any structure.


(B) No burn barrels or burning receptacles shall be used by any individual unless those burn barrels or burning receptacles are located in the rear yard of the real estate, regardless of the zoning of that real estate.


(C) Notwithstanding any of the other provisions contained herein, no burning whatsoever shall take place within the area from Weir Street on the north side, to Sargent Street on the south side, and Jackson Street on the east side, and Adams Street on the west side. However, fires set by a public official in the performance of an official duty shall be allowed within the area heretofore described.


(1983 Code, § 15-1) (Ord. 2761, passed 1-7-1997) Penalty, see § 94.99

94.67 VIOLATIONS.


Violation of any of the conditions allowing open burning as allowed by the Fire Chief or his or her designee shall be grounds for revocation of the verbal permit by the Fire Chief or his or her designee.


(1983 Code, § 15-1) (Ord. 2761, passed 1-7-1997) Penalty, see § 94.99




94.68 OUTDOOR WOOD-FIRED BOILERS.


(A) Standards and regulations for outdoor wood-fired boilers (OWBs).


(1) This section shall govern all OWBs and similar devices, including those commonly known as outdoor furnaces, outdoor wood-fired hydronic heaters, outdoor wood heaters or water stoves.


(2) The purpose is to ensure that wood is burned in an efficient manner that will minimize environmental and health impacts, also to provide consumers with guidelines that would ensure neighbors that the most efficient devices will be installed.


(3) Method of governing: passing an ordinance that would require homeowners to obtain a permit through the city’s Building Department for OWB installation that postdate the passing of this section, see division (C)(6) below.


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


LABELED. Device, equipment or materials to which have been affixed a label, seal, symbol or other identifying mark of a testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items that attests to compliance with a specific standard.


NATURAL WOOD. Wood that does not have moisture content either internally or externally which would cause said natural wood, during combustion, to discharge an excess amount of water vapor.


OUTSIDE WOOD-FIRED BOILERS (OWBs).


(a) A fuel burning device designed to conform to the following:


1. Burns dry seasoned wood only;


2. Not to be located inside structures ordinarily occupied by humans;


3. Heat spaces or water by the distribution through pipes of a fluid heated device, the fluid typically being water.


(b) Examples of common uses of OWBs include:


1. Residential or commercial space heating;


2. Heating of domestic water;


3. Heating water for swimming pools, hot tubs or whirlpool baths.


REFUSE. Any waste material except clean firewood. Examples follow:


(a) Wood that has been painted, varnished or coated with similar materials, or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products, including, but not limited to, particleboard;


(b) Rubbish or garbage, including, but not limited to, food wastes, food packaging and food wraps;


(c) Any plastic materials, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane, foam and synthetic fabrics, plastic films and plastic containers;


(d) Rubber, including tires or other synthetic rubber-like products;


(e) Newspaper, cardboard or any paper with ink or dye products;


(f) Paints or paint solvents;


(g) Leaves and lawn waste; and


(h) Coal and corn products.


SPARK ARRESTER. A screen or expanded metal covering on the outlet of an exhaust or chimney which allows smoke to pass through but prevents sparks from exiting and creating a fire hazard.


(C) Rules and regulations for outdoor furnaces.


(1) Must be located more than 75 feet from any residential dwelling or commercial business that is not served by the outdoor wood-fired boiler.


(2) Must have an attached permanent stack extending two feet higher than the peak of the house or structure that the OWB is heating.


(3) All outdoor furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer’s instructions and the requirements of this section. In the event of a conflict, the requirements of this section shall apply unless the manufacturer’s instructions are the stricter, in which case the manufacturer’s instructions shall apply.


(4) Outdoor furnaces shall not be operated during the months of June, July and August, unless specifically authorized by resolution of the Council due to emergency situation.


(5) Outside wood-fired boilers must be a labeled item design not to produce more than 4.1 grams of smoke per hour.


(6) All outdoor furnaces which are located within the city limits prior to the effective date of this section shall be, upon application, granted a permit. The permit shall be issued without fee and owner shall provide documentation that the outdoor furnace predated this section. Owners and/or operators of existing outdoor furnaces shall not be required to abide by the provisions of this section concerning location. However, all outdoor furnaces existing before this section shall abide by the same terms and conditions of new installation in regard to type of fuel used, height of stack, seasons of operations and quality of operations as it affects the community due to smoke, pollution and nuisance.


(7) All outdoor furnaces shall be equipped with properly functioning spark arrestors to be in conformity with Section R1003.9.1 of the International Residential Code, unless the manufacturers’ specifications are more stringent, in which case the manufacturers’ specifications apply.


(8) No burning of refuse (see definitions).


(9) Location. The unit must be located with due consideration to the prevailing wind’s effect upon neighboring properties.


(10) Permit fees. $50 fee.


(Ord. 3224, passed 11-7-2008)




Bookmark§ 94.99 PENALTY.


(A) Violation of any provision of this chapter for which no other penalty is provided shall, upon conviction, be punishable as provided in § 10.99 of this code.


(B) Any person, firm or corporation violating any provision of §§ 94.01 through 94.09 shall be fined not more than $750 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.


(Am. Ord. 3409, passed 7-1-2014; Am. Ord. 3419, passed 3-3-2015)

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