[HISTORY: Adopted by the Town Council of the Town of Appomattox 4-11-1994 as Ch. 18, Art. III, of the 1994 Code. Amendments noted where applicable.]
Authority of Council to guard against accidents by fire — Charter § 12.
Fire prevention — See Ch. 106.
Fireworks — See Ch. 110.
STATE LAW REFERENCES
Burning of wood, brush, logs, leaves, grass, debris or other inflammable material, Code of Virginia, § 10.1-1142; state air pollution control board, Code of Virginia, § 10.1-1301 et seq.; local air pollution control ordinances, Code of Virginia, § 10.1-1321.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- OPEN BURNING
- The burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney.
Open burning shall be allowed for campfires that do not exceed a three-foot by three-foot ground area and two feet in height. A containment barrier from a nonflammable material such as cinderblock, brick, or stone shall be used for all campfires, and must be adequate to prevent the fire from spreading. Spark arrestors are also required. All campfires shall be maintained a minimum of 25 feet from all structures, combustible materials, and adjoining property boundaries. The campfire shall be constantly attended until it is completely extinguished. Commercial fire pits shall also be permitted, provided all campfire requirements are met. Open burning shall be allowed for ceremonial occasions approved in writing by the Town in advance, outdoor noncommercial preparation of food, safety flares, and warming of outdoor workers, provided that there shall be no burning of rubber tires, asphaltic materials, crankcase oil, impregnated wood, or other rubber or petroleum based materials or toxic or hazardous materials or containers of such materials, and provided that appropriate precautions are taken to prevent the fire from spreading.
Open burning is permitted for the training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire-fighting personnel with clearance from the local fire-fighting authority. The designated official in charge of the training shall notify and obtain the approval of the regional director of the State Air Pollution Control Board prior to conducting the training exercise. Training schools where permanent facilities are installed for fire-fighting instruction are exempt from this notification requirement.
Open burning shall be permitted for disposal of land-clearing refuse on the site of clearing operations resulting from development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas. Prior to any such burning, the person responsible for such burning shall obtain a permit from the Town Council. The open burning shall be at least 1,250 feet from any hospital, nursing home or school; and, other than a building located on the property on which the burning is conducted, shall be at least 750 feet from any occupied building. Burning for land clearing purposes at distances closer than specified in this section may be permitted only if a special incineration device permitted by the State Air Pollution Control Board is utilized, and in no case shall be within 500 feet of any occupied building not on the same property. The fire must be constantly attended by a competent person until such fire is extinguished. Under no circumstances is burning to be allowed to smolder beyond a minimum period of time necessary for the destruction of the material. All reasonable efforts shall be made to minimize the amount of material that is burned. Pulpwood, sawings and firewoods shall be removed prior to burning. Material to be burned shall consist of brush, stumps and similar land-clearing refuse generated at the site and shall not include demolition or construction materials.
Open burning shall be permitted the first week in February, March, April and December and the last week in November, between the hours of 4:00 p.m. and 12:00 midnight, to allow citizens to clean off a garden spot and/or dispose of shrubbery prunings and dead tree limbs and twigs which have fallen on their property. Leaves shall not be burned during these periods and shall not be dumped on a garden spot in the fall to be burned in the spring. Leaves not used as compost will be collected by the Town and disposed of properly.
Such burning shall be subject to all restrictions and reservations set forth in § 75-4 except that such burning will be allowed within 300 feet of an occupied dwelling, not on the same property, provided person, or persons, burning such materials obtain written permission from occupants of said dwelling. Citizens will burn these materials on their own property and may not burn at curbside. Any periods of prohibited burning, specified by the state and/or county, due to dry and/or windy conditions, shall be observed by citizens of the Town.
It shall be unlawful, at any time, to burn household trash, garbage, animal waste or litter, or other such products, in barrels or outdoor incinerators.
Application for any permit required under this chapter shall be made to the Town Council or its designee at least 14 days prior to the burning. The applicant shall be required to attach a copy of his/her approval from the local fire department to the application. The Town Council shall establish procedures for issuance of permits and shall include in the permits restrictions and conditions determined by the Town Council or its designee to be necessary for fire prevention and maintenance of air quality. Permits shall be effective for a period not more than 90 days from date of issuance.
The provisions of this chapter shall be enforced by the county sheriff's office.
Any person violating or failing to comply with the provisions of this chapter shall be guilty of a class 3 misdemeanor. Each violation or failure shall constitute a separate offense.