GENERALLY

Huntsville Code of Ordinances ch. 13, art. III, div. 1

in effect

Huntsville Code of Ordinances § 13-61 Definitions.

Sec. 13-61. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Contractor means the primary contractor/builder or subcontractor for a particular construction site for which a building permit has been issued. Director or manager means the manager of the natural resources and environmental management division or in his absence, his designated representative. Fire extinguishing equipment means an approved ten-pound ABC fire extinguisher or any other equipment approved in writing in advance by the fire marshal. Fire marshal means the officer 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 that occur within the city. Open burning means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack, duct or chimney. (Ord. No. 92-672, § 2, 11-12-1992)

Huntsville Code of Ordinances § 13-62 Purpose.

Sec. 13-62. - Purpose. This article is enacted to protect, preserve and promote the safety and welfare of the citizens of the city through the reduction, control and prevention of open burning. (Ord. No. 92-672, § 1, 11-12-1992)

Huntsville Code of Ordinances § 13-63 Method of enforcement.

Sec. 13-63. - Method of enforcement. The director 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. (Ord. No. 92-672, § 8, 11-12-1992)

Huntsville Code of Ordinances § 13-64 Penalties.

Sec. 13-64. - Penalties. Any person who violates or fails or refuses to obey or comply with any provision of this article shall upon conviction be punished, in addition to such other punishment, including a term of community service, as may be provided by the court, by minimum fines and penalties, for a first conviction of $100.00 or by imprisonment for not more than ten days. For conviction of a second offense committed within one year after the date of the first offense, such person shall be punished by a fine of $200.00 or by imprisonment for not more than 30 days or by both such fine and imprisonment. For conviction of a third or subsequent offense committed within one year after the date of the first offense, such person shall be punished by a fine of $500.00 or by imprisonment for not more than three months or by both such fine and imprisonment. (Ord. No. 92-672, § 7, 11-12-1992; Ord. No. 97-813, § 1, 11-20-1997)

Huntsville Code of Ordinances § 13-65 Exemptions.

Sec. 13-65. - Exemptions. Nothing contained in this article shall be construed as applying to the regular military or naval forces of the United States, the duly authorized militia of the state, or the police and fire departments in the proper performance of their duty. (Ord. No. 92-672, § 9, 11-12-1992)

Huntsville Code of Ordinances § 13-66 Exceptions based on undue hardship.

Sec. 13-66. - Exceptions based on undue hardship. Applications for a permit for exception from the standards or requirements designated in this article may, on the basis of undue hardship, be made to the director. Any permit granted under this article shall contain all conditions upon which the permit has been granted and shall specify a reasonable time the permit shall be effective. The director may grant the exception as applied for only if the applicant represents and the director finds that open burning as permitted will not violate recognized safety standards, that no other reasonable alternative is available to the applicant, and that the burning can be conducted in such a manner as to be consistent with the purposes of this article. Upon the issuance of any exception permit, the director may prescribe any reasonable conditions or requirements he deems necessary to minimize adverse effects upon the community. (Ord. No. 92-672, § 6, 11-12-1992)

Huntsville Code of Ordinances § 13-67 Compliance.

Sec. 13-67. - Compliance. No person shall cause, suffer, allow or permit open burning except as specifically permitted by this article. (Ord. No. 92-672, § 3, 11-12-1992)

Huntsville Code of Ordinances § 13-68 Exceptions to prohibition.

Sec. 13-68. - Exceptions to prohibition. (a) Open burning may be conducted, subject to the limitations as spelled out in the open burning permit which is issued upon approval by the director. This grant of exception shall in no way relieve the person responsible for such open burning from the consequences of or the damages or injuries resulting from such burning. The director shall issue no open burning permits without the prior approval of the fire marshal or his designated representative. The fire marshal's approval shall be based upon his judgment as to the fire safety potential of the proposed open burning activity. (1) Open burning of leaves and small tree limbs, less than three inches in diameter, at a residence where collection for such material is not available. The determination of availability will be made by the director. Burning of trees or limbs cut as a commercial service by tree surgeons, landscapers or other persons is prohibited. (2) Open burning for the disposing of materials grown on that tract of land may be conducted provided the following conditions are met: a. Burning is done using an air curtain destructor or other approved device, at suitable sites as approved by the director, when such device is operated in a manner satisfactory to the director, and with a valid open burning permit obtained from the director. b. The burning will take place on days and hours designated by the director. Designated days of burning will always be tentative and will be regulated according to weather conditions. (b) Open burning as specified below may be conducted, subject to the limitations as spelled out in the safety permit which is issued upon approval by the fire marshal. This grant of exception shall in no way relieve the person responsible for such open burning from the consequences of or the damages or injuries resulting from such burning. (1) Ceremonial fires (such as school bonfires) when the fires are approved, ignited and extinguished by fire department personnel. Each school will be permitted one permit per year. (2) Fires set between October 1 and April 30 for the purpose of providing warmth to workers at construction sites for which a building permit has been issued, providing the following conditions are met: a. The fire is contained in a noncombustible container not to exceed 55 U.S. gallons, with the opening covered by an ash screen. b. Fire containers shall be located a minimum of 25 feet from any structure, tree or bush. c. Fire containers shall be located a minimum of 25 feet from electrical lines and/or electrical service. d. Only clean fuel not containing garbage, rubber, plastics, metals, shingles, treated lumber, or other hazardous materials is permitted. e. Fire extinguishing equipment shall be located within five feet of the fire container. f. Fires shall be extinguished when no worker is in attendance. g. The contractor shall apply in advance for a safety permit issued in his name from the fire marshal and shall be held liable for all permit violations on the burn site. (c) Open burning activities as specified below may be conducted without either an open burning permit or a safety permit. Notification of intent to conduct such activity as specified below shall be made to the director 24 hours prior to the time the open burning activity is to begin. The person conducting any of the following open burning activities shall be responsible for the consequences of such activities and all damages or injuries resulting from such open burning: (1) Fires set for the training and instruction of public or private firefighting personnel, provided that all requirements of the asbestos demolition and renovation NESHAP (National Emission Standard for Hazardous Air Pollutants), codified at 40 CFR Part 60 Subpart M, are met. (2) Fires set by or at the direction of responsible fire control agencies for the prevention, elimination or reduction of a fire hazard. (3) Smokeless flares or safety flares for the combustion of waste gases. (4) Fires used for agricultural, horticultural and silvicultural purposes, when specifically recommended by the state extension service or the state forestry commission, provided such fires are conducted only in situations where the actual burning is at least 1,000 feet from the closest occupied building. (5) Fires used to destroy pests, germs, dead animals, etc., when the open burning is being conducted in accordance with or under the direct supervision of personnel of the local or state health department. (d) No open burning permit, safety permit or notification is required for fires used for cooking of food, including barbecues and outdoor fireplaces. Only clean fuel not containing garbage, rubber, plastics or other refuse is permitted. In multi-family occupancies, grills, barbecues, heating appliances, and portable outdoor fire pits shall not be stored, used, or kindled on any balcony or under any overhanging portion or within ten feet of any structure. (e) Portable outdoor fire pits used at one- and two-family dwellings are allowed as long as they are used in accordance with the manufacturer's instructions. (1) Portable outdoor fire pits shall be used only on brick, concrete, stone, or other masonry surfaces. (2) Portable outdoor fire pits shall be a minimum ten feet away from building, structures, any flammable items, vehicles, and property lines. Portable outdoor fireplaces shall not be used under any trees, electric lines, or trellises. (3) Portable outdoor fire pits shall be equipped from the manufacturer with an ash screen. Only clean fuel may be used not containing any garbage, rubber, plastics, treated lumber, or any other hazardous materials. (4) Portable outdoor fire pits shall not be overload beyond their capacity. (5) Portable outdoor fire pits shall not be used during windy conditions or periods where there is a "no burn order" in effect. (6) Portable outdoor fire pits shall be constantly attended while in use and there shall be an available means available to extinguish the fire either by a portable fire extinguisher or water. (Ord. No. 92-672, § 4, 11-12-1992; Ord. No. 07-569, § 1, 7-26-2007; Ord. No. 18-491, § 2, 7-12-2018)

Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_CH13FIPRPR_ARTIIIOPBU_DIV1GEFetched: 11/6/2026