Section 18-84 Permissible Open Burning
(a) All open burning is prohibited except open burning allowed under Paragraph (b) of this Article.
(b) The following types of open burning are permissible:
- open burning for land clearing or right-of-way maintenance if the following conditions are met:
- (A)Prevailing winds at the time of burning are away from any area, including public road within 250 feet of the burning as measured from the edge of the pavement or other roadway surface, which may be significantly affected by smoke, ash, or other air pollutants from the burning;
- (B)The location of the burning is at least 1,000 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. The Town Manager, or his designee, may grant exceptions to the setback requirements if: (i)a signed, written statement waiving objections to the open burning associated with the land clearing operation is obtained before the open burning begins from all residents or owners of dwellings, commercial or institutional establishments, or other occupied structures within 1,000 feet of the open burning site, or(ii)an air curtain burner, as described in Section 18-83 (1), is utilized at the open burning site;
- (C)Heavy oils, asphaltic materials such as shingles and other roofing materials, items containing natural or synthetic rubber, or any materials other than plant growth are not burned. However, kerosene, distillate oil, or diesel fuel may be used to start the fire;
- (D)Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m., and no combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day, except that, under favorable meteorological conditions, deviation from these hours of burning may be granted by the Town Manager, or his designee. The owner or operator of the open burning operation shall be responsible for obtaining written approval for burning during periods other than those specified in this Section; and
- (E)No fires are started or vegetation is added to existing fires when the Division of Forest Resources has banned burning for that area. The material to be burned must originate from the land being cleared or the area being manitained.;
- camp fires and fires used solely for outdoor cooking and other recreational purposes, or for ceremonial occasions, or for human warmth and comfort and which do not create a nuisance and do not use synthetic materials or refuse or salvageable materials for fuel;
- fires purposely set to forest lands for forest management practices acceptable to the Division of Forest Resources;
- fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural or agricultural practices acceptable to the Department of Agriculture;
- fires purposely set for wildlife management practices acceptable to the Wildlife Management Commission;
- fires for the disposal of dangerous materials when it is the safest and most practical method of disposal;
- fires for the disposal of material generated as a result of a natural disaster, such as tornado, hurricane, or flood if the Town Manager, or his designee, grants permission for the burning. The person desiring to do the burning shall document to the Town Manager, or his designee, that there is no other practical method of disposal of the waste. Factors that the Town Manager, or his designee, shall consider in granting permission for the burning include type, amount, and nature of combustible substances. Neither the Town Manager nor his designee, shall grant permission for the burning if the primary purpose of the fire is to dispose of synthetic materials or refuse or recovery of salvageable materials. Fires authorized under this Subparagraph shall comply with the conditions of Subparagraph (b)(1) hereinabove;
- fires purposely set by manufacturers of fire extinguishing materials or equipment, testing laboratories, or other persons, for the purpose of testing or developing these materials or equipment in accordance with a valid standard qualification program;
- fires purposely set for the instruction and training of fire-fighting personnel, including fires at permanent fire-fighting training facilities, or when conducted under the supervision of or with the cooperation of one or more of the following agencies: (A)the Division of Forest Resources, (B)the North Carolina Insurance Department,(C)North Carolina technical institutes, or(D)North Carolina community colleges, including:(i)the North Carolina Fire College, or(ii)the North Carolina Rescue College; and
- fires not described in Subparagraph (9) of this Paragraph purposely set for the instruction and training of fire-fighting personnel, provided that:
- (A)The Town Manager, or his designee, has been notified not less than 48 hours in advance of such burning, and
- (B)The Town Manager, or his designee, in his discretion, has granted permission for the burning. Factors that the Town Manager, or his designee, shall consider in granting permission for the burning include type, amount, and nature of combustible substances. The Town Manager, or his designee, shall not grant permission for the burning of salvageable items, such as insulated wire and electric motors or if the primary purpose of the fire is to dispose of synthetic materials or refuse. The Town Manager, or his designee, shall not consider previously demolished structures as having training value. However, the Town Manager, or his designee, may allow an exercise involving the burning of motor vehicles burned over a period of time by a training unit or by several related training units. Any deviations from the dates and times of exercises, including additions, post-ponements, and deletions, submitted in the schedule in the approved plan shall be communicated verbally to the Town Manager, or his designee, at least one hour before the burn is scheduled.
- (C) The authority to conduct open burning under this Article does not exempt or excuse any person from the consequences, damages or injuries which may result from this conduct. It does not excuse or exempt any person from complying with all applicable laws, ordinances, rules or orders of any other governmental entity having jurisdiction even though the open burning is conducted in compliance with this Article.
- (D) In the Town of La Grange a Burning Permit shall be obtained for intentional burning of any institutional, commercial, public, industrial, or residential structure, installation, or building, for the instruction and training of fire-fighting personnel. A permit application may be obtained from the Office of the Town Manager, at the Town Hall. The permit shall be obtained prior to burning. Burning shall take place within the dates specified by the permit, or the Town Manager, or his designee, shall be notified and the permit shall be revised, if necessary, prior to burning.
- (E) Violation of this Ordinance shall constitute a misdemeanor and shall be punishable by fine or imprisonment in the discretion of the Court. Each violation shall constitute a separate offense.