§ 6-4 — [Open burning.]

Sec. 6-4. - [Open burning.]

(a) Definitions. Broadcast and or prescribed burns: The burning of parcels to include agricultural and silvicultural lands in preparation for planting, removing unwanted growth, destroying of pests, or improving the land without the altercation of its natural vegetative state, such as piling, windrowing, baling uprooting, grubbing, cutting, or any form of compaction or increasing the natural state of density of the materials or vegetation. Combustible materials: Any substance which will readily burn. Domestic garbage: Items produced during normal daily household operations, such as but not limited to, food and product packaging, furniture, clothing, bottles, plastics, food and food scraps, newspapers, appliances paints and batteries. Fire marshal: The fire chief or other designated authority or their duly authorized representative charged with the administration and enforcement of the Fire Prevention Code. He or his duly authorized representative is charged with the responsibility for investigation of all fires and fire codes violations that occur within the city. Large combustible debris, brush piles and windrows: Piles, bales or stacks, larger than ten feet (10) by ten (10) by ten (10), of vegetation, trees, limbs, slash, brush, wood and other organics created from the uprooting or grubbing, cutting, clearing, demolition, and processed in any form for compaction or increasing the density of the materials or vegetation. Open burning: The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber and without the control of combustion air to maintain adequate temperature for efficient burning. For the purpose of this definition, a chamber shall be regarded as enclosed, when, during the time combustion occurs, only apertures, ducts, stacks, flues, or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. Open pit incinerator: Consists of a pit for the combustible material to be placed in for burning, accompanied by a device that would deliver air to the area of combustion. This device would increase the amount of air introduced to the fire and would increase the efficiency of the fire therefore producing less smoke and more complete combustion of the wood products involved. Open pit incinerator specifications: The air curtain destructor (blower) shall blow a sheet of air across the top of the pit to increase burning efficiency and reduce smoke and fly ash emissions. The air curtain's nozzles shall be slanted so they impact about three (3) feet below the surface on the side opposite the blower. The air curtain shall not blow directly down into the fire. In a properly operating pit, the air current shall roll under and oxygenate the fire for more complete combustion. The pit walls must be vertical (not sloped or slanted). The pit shall be no more than twelve (12) feet wide because the air stream must reach the far side. A pit width of less than twelve (12) feet should be used for smaller air blowers. The pit length shall be determined by the length of the air curtain plenum (blower manifold). The plenum should be centered on the pit and the pit length can extend up to a maximum of five (5) feet beyond each end of the plenum. The pit must be at least ten (10) feet deep. Pit depth is determined by available digging equipment and the water table. A pit cannot be permitted where groundwater is encountered during the construction. Deeper pits usually burn better. (b) Allowable open burning. Open burning will be allowable for the following reasons and or purposes: (1) Recreational fires. a. Camp fires, bon fires, ceremonial occasions, or non-commercial preparation of food, with the following provisions: 1. All bon fires require a permit and shall not be more than five (5) feet by five (5) feet by five (5) feet in dimension and shall burn for less than three (3) hours. A bon fire shall consist of seasoned dry wood. No gasoline or other liquid hydrocarbon fuels shall be used for ignition. 2. Camp fires require a permit and approval of the fire marshal's office. 3. Barbecue grills or other wood burning grills are allowed at public park and recreation facilities if approved by the park, events, and recreation department. All fires on public park and recreation property shall be attended at all times by at least one responsible and competent individual, 18 years of age or older until the fire is completely extinguished. 4. Fires used for food preparation or recreational purposes, fueled by wood, charcoal, and gas and confined within a metal drum, metal or masonry appliance designed for such use are allowed without a permit provided: (1) the fires are supervised, and (2) the size of fire does not present a fire spread danger. Food preparation fires are not permitted directly on the ground, unless in a containment such as a metal or masonry ring and is approved by the fire marshal's office. 5. Barbecuing or grilling on combustible decks or balconies at multi-story apartment complexes is not allowed unless non-combustible surfaces are in place to prevent embers or ashes from contacting combustible materials. Non-combustible surfaces are to be above, below, and adjacent to the site. (2) Broadcast and or prescribed burn fires set by an approved state or local agency specifically for management of forests or range lands. (3) Large combustible debris, brush piles and windrows as defined in subsection (a). a. 1. No open burning without an open pit incinerator can occur within five hundred (500) yards of an occupied dwelling or structure unless the dwelling or structure is owned, operated, or occupied by the property owner. 2. Open pit burning with a forced-draft air incinerator can be done closer but not within fifty (50) yards of an occupied dwelling or structure. b. No large combustible debris, brush piles and windrows and broadcast and or prescribed burns burning operations of parcels five (5) acres or more, shall be permitted less than one thousand (1,000) feet from any school, during the period that school is in session, one hundred (100) feet away from any highway or street, unless approved by the fire marshal or authorized representative, one thousand (1,000) feet from any, nursing home, assisted living home or hospital. Burning must not occur within five hundred (500) yards of commercial airport property, private air fields, or marked off-runway aircraft approach corridors unless written approval to conduct burning is secured from the proper airport authority, owner or operator. c. Large combustible debris, brush piles and windrows and broadcast and or prescribed burns operations burning is restricted to the hours between 7:00 a.m. and 7:00 p.m. At 7:00 p.m. the fires must be extinguished or covered to eliminate any residual smoke. The fire marshal's office may grant an earlier start time, provided that weather conditions are favorable. d. A responsible and competent person, eighteen (18) years of age or older, must be at the site to monitor the pit for safety and proper operation, when burning operations are taking place. (4) Prevention or control of disease or pests as approved by the state or local health department or department of agriculture. (5) Fire for the purpose of training public and industrial fire department personnel. (6) Elimination of fire hazards that cannot be abated by any other means. (7) Land parcel five (5) acres and less: a. Open burning of leaves and small trees and limbs, at residences are allowed in small manageable piles so long as, the by-products do not adversely affect surrounding occupants. The pile may not exceed ten (10) feet by ten (10) feet by ten (10) feet in height. Only one (1) pile is allowed per land parcel, per owner/occupant. Burning of trees or limbs cut as a commercial service by tree surgeons, landscapers or other persons is prohibited. The fire marshal shall decide as to whether or not the amount of, and characteristic of the material(s) to determine what burn methods will be acceptable. b. All guidelines listed on the permit must be adhered to. (8) Agricultural and land parcels greater than five (5) acres: a. Areas to be burned for agricultural purposes must be confined by plowing or tilling the parameter to a width acceptable to the fire marshal. b. Large combustible debris, brush piles and windrows and broadcast and or prescribed burns on parcels greater than five (5) acres is allowed by permit, so long as, the by-products do not adversely affect surrounding occupants. The fire marshal shall decide as to whether or not the amount of, and characteristic of the material(s) to determine what burn methods will be acceptable. c. No large combustible debris, brush piles and windrows and broadcast and or prescribed burns, shall be permitted less than one thousand (1,000) feet from any school, during the period that school is in session. One hundred (100) feet away from any highway or street, unless approved by the fire marshal or his authorized representative, one thousand (1,000) feet from any nursing home, assisted living home, or hospital. Burning must not occur within five hundred (500) yards of commercial airport property, private air fields, or marked off-runway aircraft approach corridors unless written approval to conduct burning is secured from the proper airport authority, owner or operator. (9) Construction site fires for the purpose of providing warmth to workers: a. Permitted to be set between November 1 and March 30 at construction sites for which a building permit has been issued, providing the following conditions are met: 1. The fire is contained in a non-combustible container not to exceed fifty-five (55) U. S. gallons, with the opening covered by an ash screen. 2. Fire containers shall be located a minimum of twenty-five (25) feet from any structure, tree, or bush. 3. Fire containers shall be located a minimum of twenty-five (25) feet from electrical lines and/or electrical service. 4. Only clean fuel not containing garbage, rubber, plastics, metals, shingles, treated lumber, or other hazardous materials is permitted. 5. Fire extinguishing equipment shall be located within five (5) feet of the fire container. 6. Fires shall be extinguished when no worker is in attendance. b. The contractor shall be held liable for all permit violations on the burn site. (c) Prohibited open burning. The following open burning is prohibited: (1) Burning of domestic garbage. (2) Burning of construction/demolition material. Exception untreated or painted wood. (3) Burning of any type of debris transported, transferred, or hauled or produced from another site or location within or outside the city limits of Batesville. (4) Burning of tar paper, roofing materials, rubber, plastics, or any other petroleum-based products. (d) General conditions and requirements for all open burning. In addition to all other conditions and requirements for open burning that are set out in this section, the following conditions must also be met: (1) No public nuisance is or will be created. (2) The burning is controlled so that a traffic hazard is not created as a result of the air contaminants being emitted. (3) The burning is conducted so that ambient air quality of the general area as well as the surrounding city is not adversely affected. (4) Any open burning shall be constantly attended by a responsible and competent person eighteen (18) years of age or older until the fire is extinguished. At least one (1) portable fire extinguisher with a minimum 4-A rating, two (2) portable fire extinguishers with a minimum 2-A rating each, or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. The size of the permitted open burning will be the determining factor as to the type and size of the extinguishing media. (5) Distances from any electric and overhead utilities shall be a minimum of one hundred (100) feet. (6) Distances from any highway or street must be at least one hundred (100) feet, unless approved by the fire marshal or his authorized representative. Permission to burn shall be obtained each day before burning is to take place. To receive permission to burn on any given day, between the hours of 8 a.m. and sunset, the applicant must contact the fire marshal's office prior to commencing the burning. If burning is to take place between 7:00 a.m. and 8:00 a.m., the permit holder must contact the fire marshal's office the day before, during office hours to receive permission for the following morning. (7) The fire marshal or his authorized representative shall order the extinguishment of any open burning that creates or adds to a hazardous or objectionable situation. Permit holders are required to extinguish the fire upon the order of the fire marshal or his authorized representative. Failure of a permit holder to extinguish a fire will result in the fire department extinguishing the fire. (8) Surface wind speed must be less than fifteen (15) miles per hour and the cloud cover has to be a maximum of a 4 OKTAS, a mixing height of NLT 1,700 feet, transport winds NLT 9 miles per hour, as indicated by the National Weather Service. (9) The burn permit site and the materials to be burned are subject to inspection at any time during the permit period by any officer of the Batesville Fire Department. (10) All burning will adhere to the rules and regulations set forth on the Batesville Fire Department Burn Permit. (e) Permits required. The following burning activities require a permit from the fire marshal's office: (1) Bon fires. (2) Camp fires. (3) Ceremonial fires. (4) Large combustible debris, brush piles and windrows and broadcast and or prescribed burns. (5) Prevention or control of disease or pests. (6) Fire department training. (7) Elimination of hazards. (8) Burning on land parcels five (5) acres and greater. (9) Burning on land parcels five (5) acres and less. (f) Permit fees. The fee for permits shall be: (1) Bon fires. .....$0.00 (2) Camp fires. .....$0.00 (3) Ceremonial fires. .....$0.00 (4) Fire Department training. .....$0.00 (5) Burning on land parcels five (5) acres and less. .....$0.00 (6) Elimination of hazards. .....$0.00 (7) Broadcast and or prescribed burns of land parcels five (5) acres and greater. .....$0.00 (8) Prevention or control of disease or pests. .....$0.00 (9) Large combustible debris, brush piles, and windrows. .....$0.00 (g) Acquiring a permit. Open burn permits for (1) Bon fires. (2) Camp fires. (3) Ceremonial fires. (4) Fire department training. (5) Burning on land parcels five (5) acres and less. (6) Elimination of hazards. (7) Broadcast and or prescribed burns of land parcels five (5) acres and greater. (8) Prevention or control of disease or pests. (9) Large combustible debris, brush piles and windrows. a. A permit must be obtained from the office of the fire marshal/code inspector. b. Permits may be obtained Monday through Friday 8:00 a.m. until 4:00 p.m. c. All permits shall be requested by and issued to the owner, or the agent of the owner, of the land upon which the open burning is to take place. Individuals representing themselves as an "agent of the owner" shall have sufficient written documentation. d. All burn sites will be inspected by the fire department prior to the issuance of a permit. (h) Expiration of permit. Open burning permits and safety permits shall expire on the date specified on the face of the permit. In no event, however, may an open burning permit be issued which has an expiration date of longer than ten (10) days from the burn start date. (i) Display of permits. Permits shall be displayed and available for inspection at the open burning site by any and all persons who may request to see the permits. (j) Burn permit revocation. The fire department shall retain the authority to revoke any burn permit at any time due to weather conditions, excessive and justifiable complaints, non-compliance with this section, and any time it is deemed in the best interest of the City of Batesville. Permit fees will be returned in cases where the revocation is based on conditions outside the control of the owner or agent of the owner. (k) Transfer. Open burning permits shall not be transferable whether by operation of law or otherwise, either from one (1) location to another, or from one (1) person to another. (1) Violation; penalties. Burning without first obtaining a burn permit will result in the following penalties: a. Bon fires. b. Camp fires. c. Ceremonial fires. d. Fire Department training. e. Burning on land parcels five (5) acres and less. 1 st offense - written warning 2 nd offense - $250.00 fine 3 rd offense - $350.00 fine Each additional offense - $500.00 f. Elimination of hazards. g. Broadcast and or prescribed burns of land parcels five (5) acres and greater. h. Prevention or control of disease or pests. i. Large combustible debris, brush piles, and windrows 1 st offense - $750.00 fine per pile 2 nd offense - $1,000.00 fine per pile 3rd offense - $1,000.00 fine per pile and up to thirty (30) days in jail j. In additions to any fine, if the Batesville Fire Department extinguishes, or attempts to extinguish a fire, as provided in this section then the person convicted of a violation or this section shall be required by the Court to pay such cost to the City of Batesville, Mississippi. (m) Method of enforcement. The fire chief and any person acting under his supervision, the fire marshal and any person acting under his supervision, and any law enforcement officer is authorized to issue citations to appear in municipal court to answer charges of violations of any of the provisions of this article. (n) Citation of ordinance, etc. (1) This section replaces and supersedes Sections 307 and 105.6.30, Open Burning, of the 2012 Edition of the International Fire Code. (2) This section shall be known and may be cited as the City of Batesville Open Burning Ordinance of 2021, and the same shall be codified and incorporated into the Code of Ordinances of the City of Batesville, Mississippi (the "City"). (3) The provisions of this section are severable, and if any part or provision hereof shall be adjudged invalid by any court of competent jurisdiction, such adjudication shall not affect or impair any of the remaining parts or provisions hereof.

(Ord. No. 2009-01-718, §§ 1—14, 1-7-09; Ord. No. 2021-05-888, § 1, 5-18-21)