Open Burning

The ordinance listed below is for the actual 'Open Burning' ordinance. The following link will take you to the webpage that contains the complete set of ordinances that accompany and relate to 'open burning': Fire Prevention and Open Burning. It is recommended that you consult the entire section for complete, detailed knowledge of the law.

§ 91.27 Open Burning in Restricted Areas

(A) No person or property owner shall cause or allow open burning in a restricted area except as provided in divisions (B) to (D) of this section or in R.C. § 3704.11.

(B) (1) Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:

(a) Cooking for human consumption;

(b) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.

(2) Fires allowed by divisions (B)(1)(a) and (B)(1)(b) of this section shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.

(C) Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA in accordance with § 91.28(B):

(1) Prevention or control of disease or pests, with written or verbal verification to the Ohio EPA from the local health department, cooperative extension service, Ohio Department of Agriculture, or United States Department of Agriculture, that open burning is the only appropriate disposal method.

(2) Ceremonial fires provided the following conditions are met:

(a) The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours;

(b) The ceremonial fires shall not be used for waste disposal purposes; and

(c) The fuel shall be chosen so as to minimize the generation and emission of air contaminants.

(3) Disposal of agricultural waste generated on the premises if the following conditions are observed:

(a) The fire is set only when atmospheric conditions will readily dissipate contaminants;

(b) The fire does not create a visibility hazard on the roadways, railroad tracks, or air fields;

(c) The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on said premises;

(d) The wastes are stacked and dried to provide the best practicable condition for efficient burning; and

(e) No materials are burned which contain rubber, grease, asphalt or liquid petroleum products.

(D) Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA, in accordance with § 91.28(A), provided that any conditions specified in the permission are followed:

(1) Disposal of ignitable or explosive materials where the Ohio EPA determines that there is no practical alternate method of disposal;

(2) Instruction in methods of fire fighting or for research in the control of fires;

(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA; and

(4) Recognized horticultural, silvicultural, range, or wildlife management practices; and

(5) Fires and/or pyrotechnic effects, for purposes other than waste disposal, set as part of commercial film-making or video production activities for motion pictures and television.

(O.A.C. § 3745-19-03) (65 Code, § 1507.03) (Am. Ord. 44-94, passed 7-19-94)