[Ord. No. 1536, 6-12-2023]
This article is enacted to provide for the health, safety, and welfare of the citizens of the Town of McCandless by establishing regulations for open fires and open burning in the Town of McCandless.
[Ord. No. 1536, 6-12-2023]
As used in this article, certain terms are defined as follows:
Any fire or combustion from which air contaminants pass directly into the open air without passing through a flue. The term includes any fire or combustion which occurs in a chiminea, fire pit, outdoor fireplace, or grill.
[Ord. No. 1536, 6-12-2023]
(a)
No person shall conduct, or allow to be conducted, the open burning of any material, except where the Town has issued an open burning permit to such person in accordance with this section or where the open burning is conducted solely for the purpose of preparation of food for human consumption, recreation, light, or ornament, and in a manner which contributes a negligible amount of air contaminants, and which is in accordance with Subsection (a)(1) through (3), below.
(1)
No material other than clean wood, propane, or natural gas may be burned except as provided for in this subsection.
(2)
Any volume of clean wood being burned shall be no larger than three feet wide by three feet long by two feet high and shall be at least 15 feet from the nearest neighbor's dwelling or inhabited area, any property line, roadway, sidewalk, or public accessway.
(3)
Open burning using chimineas, firepits, or outdoor fireplaces may only be conducted using materials meeting Subsection (a)(1), above.
(b)
Open burning is in no way allowed for the removal or the disposal of trash or accumulation of brush, trees, leaves etc.
(c)
Any open burning shall be tended by a responsible person at all times.
(d)
Wood-burning activities shall not be conducted on air quality action days, with the exception of conducting such burning for the commercial preparation of food.
(e)
The Town may prohibit, or reduce, any open burning activity which it determines to be a nuisance. This determination will be based on, but not limited to, the following criteria:
(f)
This section shall not allow or permit any open burning which would not otherwise be allowed or permitted under any applicable ordinance or fire code.
[Ord. No. 1536, 6-12-2023]
Immediately upon the discovery of any open burning that is not being conducted in accordance with this section, the person responsible for the property on which such burning occurs shall immediately extinguish, or cause the extinguishment of, such burning.
[Ord. No. 1536, 6-12-2023]
Proof that the defendant in any enforcement action owns or controls the property on which open burning occurs shall be prima facie evidence that such defendant has conducted, or allowed to be conducted, such open burning.
[Ord. No. 1536, 6-12-2023]
Open burning not contained in an approved enclosed receptacle shall be allowed within the Town of McCandless only with a permit issued through the Office of the Fire Marshal. (See Appendix A.[1])
(a)
A fire prevention permit application must be filed with the Fire Marshal's Office a minimum of 24 hours prior to the scheduled burn date. The permit must be submitted in full along with a permit fee of $25.
(b)
A minimum of one portable fire extinguisher or other approved on-site fire extinguishing agents, such as dirt, sand, water barrel or garden hose shall be available for immediate utilization.
(c)
A responsible person shall tend any open burning at all times.
(d)
The approved permit shall be in the possession of the applicant or authorized representative at the site of the permitted open burning site and shall be made available for inspection upon request by any fire protection or law enforcement officer.
(e)
Open burning that is or will be objectionable due to the atmospheric conditions or local conditions (dry weather) that make such fires hazardous shall be prohibited. The Fire Marshal, fire protection, or law enforcement officer is authorized to order the extinguishment by the permit holder or the Fire Department of open burning that creates or adds to a hazardous or objectionable situation.
(f)
Only dry, clean, untreated wood products or other clean burning fuels are to be used for recreation, or cookout fires.
(g)
Only smokeless fuels, if any, may be used to start the fires.
(h)
The size of the fire is to be no larger than three feet by two feet in size.
(i)
The fire must be located a minimum of 25 feet from any structure, house, shed, barn, fence, pedestrian or recreation area, roadway, or utilities.
(j)
The recreational burn may not exceed eight hours in duration.
[1]
Editor's Note: Appendix A is included as an attachment to this article.
[Ord. No. 1536, 6-12-2023]
Any McCandless police officer, Fire Marshal, Code Enforcement Officer, or fire officer in charge of a fire call may, upon investigation, order that any fire be immediately extinguished, abated, diminished, or corrected (in his or her sole discretion) if, in the officer's sole judgment, the fire is in violation of any provision of this article.
[Ord. No. 1536, 6-12-2023]
(a)
Violation of article.
(1)
Any individual, firm or corporation that violates any provision of this article, or who has failed to comply with any order issued pursuant to any section of this article commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 plus costs of court and prosecution.
(2)
Each day that a violation of this article continues shall be considered a separate violation.
(b)
Disposition of penalties. The amount of the penalty shall be forwarded to the entity with enforcement jurisdiction.