This article is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Township by regulating the
air pollution and fire hazards of open burning and outdoor burning.
This article applies to all outdoor burning and open burning
within the Township.
A. Except as provided in §
10-13, this article does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
B. This article does not apply to burning for the purpose of generating
heat in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation.
C. This article does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this article, the following terms shall have the
meanings indicated:
BONFIRE
An outdoor fire utilized for ceremonial or recreational purposes,
no larger than five feet by five feet by five feet, on parcels not
smaller than one acre.
CAMPFIRE
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste wood or refuse.
No larger than three feet by three feet by three feet. Campfire must
be 15 feet from any combustible surface and property line.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
CONSTRUCTION AND DEMOLITION WASTE
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
OUTDOOR BURNING
Open burning or burning in an outdoor wood-fired boiler or
patio wood-burning unit.
OUTDOOR WOOD-FIRED BOILER
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT
A chimney, patio warmer, or other portable wood-burning device
used for outdoor recreation and/or heating.
PRESCRIBED BURN
The burning, in compliance with a prescription and to meet
planned fire or land management objectives, of a continuous cover
of fuels.
PRESCRIPTION
A written plan establishing the criteria necessary for starting,
controlling, and extinguishing a burn.
Open burning and outdoor burning are prohibited in the Township
unless the burning is specifically permitted by this article.
Open burning of refuse is prohibited.
Open burning of weeds, brush, and crop stubble on agricultural
lands is allowed if conducted in accordance with other applicable
provisions of this chapter.
After February 19, 2011, no person shall install an outdoor
wood-fired boiler in the Township until federal or state regulations
pertaining to the manufacturing of wood-fired boilers are adopted
by the Township.
Charcoal burners and other open-flame cooking devices shall
not be operated on combustible balconies or within 10 feet of combustible
construction.
A. Exceptions.
(1) One- and two-family dwellings.
(2) Where buildings, balconies and decks are protected by an automatic
sprinkler system.
(3) LP-gas cooking devices having LP-gas container with a water capacity
not greater than 2 1/2 pounds [nominal one pound (0.454 kg) LP-gas
capacity].
A patio wood-burning unit may be installed and used in the Township
only in accordance with all of the following provisions:
A. The patio wood-burning unit shall not be used to burn refuse.
B. The patio wood-burning unit shall burn only clean wood.
C. The patio wood-burning unit shall be located at least 15 feet from
the nearest structure.
D. The patio wood-burning unit shall not cause a nuisance to neighbors.
E. The use of patio wood-burning units is prohibited on balconies and
covered porches of multifamily dwellings.
Notwithstanding §§
10-7 and
10-8, structures and other materials may be burned for fire prevention training only in accordance with all of the following provisions:
A. The burn must be exclusively for fire prevention training. The burning
shall not be used as a means to dispose of waste material, including
tires and other hazardous materials.
B. Any standing structure that will be used in fire suppression training
must be inspected and should be inspected by a licensed asbestos inspector.
A notification of this inspection must be submitted to the Michigan
Department of Environmental Quality, Air Quality Division at least
10 business days prior to burning a standing structure. The notification
must be submitted to Michigan Department of Environmental Quality
or its successor agency with same authority, using Form EQP 5661 "Notification
of Intent to Renovate/Demolish or other form as designated by proper
inspecting agency."
C. All asbestos must be removed prior to conducting the fire suppression
training. If the structure is a residential dwelling, the owner may
remove the asbestos or have it removed by a licensed abatement contractor.
If it is a commercial building, all asbestos must be removed by a
licensed abatement contractor.
D. All ash shall be disposed of in an approved landfill or at an alternate
location approved by the Michigan Department of Environmental Quality.
E. Asphalt shingles and asphalt or plastic siding shall be removed prior
to the practice burn unless the Director of Public Safety or his/her
designee determines that they are necessary for the fire practice.
F. At least 48 hours before a planned practice burn, residents within
1,000 feet of the site of the proposed burn shall be notified.
G. All fire suppression training should conform to the guidelines established
by the National Fire Protection Association (NFPA) Standard on Live
Fire Training Evolutions (NFPA 1403).
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by the fire.
The Director of Public Safety or his/her designee or any authorized
officer, agent, employee or representative of the Township who presents
credentials may inspect any property for the purpose of ascertaining
compliance with the provisions of this article.