Open Burn Rules

1505.03 GENERAL PROHIBITION ON OUTDOOR BURNING AND REFUSE BURNING.

(a) Definitions. For the purpose of this Section, the following terms shall have the following meanings, unless another definition is provided or the context otherwise requires:

(1) "Campfire" means a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.

(2) "Clean wood" means 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.

(3) "Construction and demolition waste" means 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.

(4) "Nuisance" means burning of any material of any kind exuding smoke which may endanger the public, or safety or health of the public, or to disturb the comfort or repose of any person residing in the vicinity of the open burning, or which causes excessive or noxious odors, or when such open burning emits sparks, embers, or smoke upon adjacent or nearby premises.

(5) "Open burning" means 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.

(6) "Refuse" means any waste material including but not limited to leaves, grass, garbage and other organic refuse, construction and demolition waste materials, automobiles or parts thereof, flammable, toxic or explosive materials, electrical wiring, rubber products and plastic products.

(b) Open burning, outdoor burning and refuse burning is prohibited in the City ofHamilton unless the burning is specifically permitted by paragraph (d) of this Section.

(c) The following materials may not be burned:

(1) Rubbish and/or garbage including, but not limited to, food waste, food wrappers, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.

(2) Waste oil or other oily wastes.

(3) Asphalt and products containing asphalt.

(4) Treated or painted wood including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.

(5) Any plastic material including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, synthetic fabrics, plastic films and plastic containers.

(6) Rubber, including tires and synthetic rubber-like products.

(7) Newspaper, corrugated cardboard, container board, office paper and other materials that may be recycled.

(d) Outdoor campfires and small bonfires for cooking, ceremonies or recreation are allowed provided that the fire is confined by a control device or structure such as a barrel, fire ring, or fire pit and subject to the following limitations:

(1) Flames must be limited in size to three (3) feet in diameter and two (2) feet in height.

(2) Open burning including camp fires under this Paragraph (d) shall only be conducted at a location at least twenty-five (25) feet from the nearest building which is not on the same property and at a minimum fifteen (15) feet of any building or property line which is on the same property.

(3) Open burning shall be constantly attended and supervised by a competent person at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.

(e) Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other costs and liability resulting from damage caused by the fire.

(f) Right of entry and inspection.

(1) The Fire Chief or any authorized officer, agent, employee or representative of the City of Hamilton may inspect any property for the purpose of ascertaining compliance with the provisions of this Section.

A. Note: If the owner or occupant of the premises denies access to the property for this purpose, the fire code official must first obtain a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner's authorized agent or occupant or person having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to permit entry therein by the fire code official for the purpose of inspection and examination pursuant to this code. Obtained in accordance with Chapter 1301:7-7 of the Ohio Revised Code.

(g) Enforcement and Penalties.

(1) The City of Hamilton Fire Division shall have the authority to cause any fire to be extinguished if it is determined that there is a danger to public safety, a danger to public or private property, a nuisance or sign of environmental harm or violation of regulations.

(2) The Fire Chief and any fire inspector are authorized to enforce the provisions of this Section

(3) Whoever violates any provision of this Section shall be guilty of an unclassified misdemeanor and the penalty for violation of any portion of this Section shall be a forfeiture of not more than two hundred fifty dollars ($250.00) per day for each separate violation of the rules in this Section for open burning of residential waste and not more than one thousand dollars ($1,000) per day for each separate violation of the rules in this Section for open burning of all wastes that are not residential waste. A separate violation is assessed for each day (twenty-four (24) hour period) or portion of a day the violation occurs, plus the cost of prosecution.

(Ord. 2020-8-106. Passed 8-26-20.)