<div class="chunk-title">Sec. 34-59. - Open burning regulations.</div>
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            <p class="incr0">
               (a)
               
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            <p class="content1">
               Open burning within 100 feet of a structure will be regulated by the Cabarrus County
               Fire Marshal's Office.
               
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            <p class="incr1">
               (1)
               
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            <p class="content2">
               Open burning must meet all provisions of the N.C. Fire Code and North Carolina Administrative
               Code Title 15A, Chapter 2, Subchapter 2D, 1900, Control and Prohibition of Open Burning,
               prior to the issuance of any permit. "No burning of refuse that is in violation of
               any state or local Air Quality Open Burning Regulations will be allowed."
               
            </p>
            		
            <p class="incr1">
               (2)
               
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            <p class="content2">
               Debris burning falling under the jurisdiction of the North Carolina Department of
               Natural Resources shall meet their required permit conditions. All requirements of
               the N.C. Fire Code shall be met along with any other state laws.
               
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            <p class="incr0">
               (b)
               
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            <p class="content1">
               Burning site requirements:
               
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            <p class="incr1">
               (1)
               
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               The location of the material to be burned shall be a minimum of 50 feet from any structure.
               If a possible hazard exists, the fire official may require this distance to be increased.
               
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            <p class="incr1">
               (2)
               
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            <p class="content2">
               Piles of material to be burned should be done in a safe manner. This would also include
               bonfires for different events. Bonfires used for ceremonial and religious purposes
               (schools, civic groups, churches) may take place when all regulations are met. Materials
               used for bonfires must also comply with the air quality regulations.
               
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            <p class="incr1">
               (3)
               
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            <p class="content2">
               Only natural materials, such as limbs, brush, grass, leaves, or wood may be burned.
               
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            <p class="incr1">
               (4)
               
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               A competent person shall constantly attend the fire until such fire is extinguished.
               
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            <p class="incr1">
               (5)
               
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            <p class="content2">
               A garden hose with suitable water supply or other fire extinguishing equipment, as
               deemed acceptable by the fire official, shall be readily available for immediate use
               during the course of the fire until such fire is extinguished.
               
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            <p class="incr0">
               (c)
               
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            <p class="content1">
               Permits:
               
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            <p class="incr1">
               (1)
               
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            <p class="content2">
               A permit from the Cabarrus County Fire Marshal is required for bonfires and certain
               land clearing and may include the following:
               
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            <p class="incr2">
               a.
               
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               A site inspection may be required before burning is to be done.
               
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               b.
               
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               The applicant shall verify all information and shall read all the rules and regulations
               on the permit. The applicant will then be required to sign the permit acknowledging
               responsibility to obey these regulations.
               
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            <p class="incr2">
               c.
               
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            <p class="content3">
               It will be the responsibility of the applicant to keep this permit available at the
               burn site at all times.
               
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            <p class="incr1">
               (2)
               
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            <p class="content2">
               A permit is required to conduct any live fire training exercises for fire department
               personnel. All applicable N.C. state permits and notifications must be obtained by
               the instructor prior to conducting the training. A complete copy of all paperwork
               required to conduct a live burn exercise must be on file with the Cabarrus County
               Fire Marshal's Office before a permit will be issued for the exercise.
               
            </p>
            		
            <p class="incr0">
               (d)
               
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            <p class="content1">
               Nuisance burning:
               
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            <p class="incr1">
               (1)
               
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            <p class="content2">
               If any time during the burning, the smoke and/or odors create a nuisance by causing
               physical irritation exacerbating a documented medical condition, visibility impairment
               or causes a hazard determined by the fire official, the fire official may order the
               fire to be extinguished. Open burning/nuisance burning is enforceable by the Cabarrus
               County Fire Marshal Office within 100 feet of structures.
               
            </p>
            		
            <p class="incr1">
               (2)
               
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            <p class="content2">
               If at any time during the burning, the regulations regarding open burning are not
               met or are neglected in any way, the fire shall be extinguished
               
            </p>
            		
            <p class="incr1">
               (3)
               
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            <p class="content2">
               All open burning which includes, but is not limited to brush, limbs, leaves, farm
               lands, fields and clearing of land shall stop in the event of a burning ban issued
               by the North Carolina Forest Service or the Cabarrus County Fire Marshal Office.
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               Willful neglect and/or willful violations of the N.C. Fire Code shall be subject to
               a civil citation.
               
            </p>
            		
            <p class="incr0">
               (e)
               
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            <p class="content1">
               Burning ban:
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               In the event that the Cabarrus County Fire Marshal's Office issues a ban on outdoor
               burning within 100 feet of a structure, then all local open burning permits issued
               shall be deemed invalid with no issuance of any new permits until such ban is lifted
               by the Cabarrus County Fire Marshal's Office. During this ban, no open burning shall
               be conducted at all within 100 feet of a structure; this includes any outdoor burning
               at residences. A civil citation will be issued for violations.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               A burning ban on outdoor burning within 100 feet of a structure may be issued by the
               Cabarrus County Fire Marshal's Office in the event that atmospheric conditions or
               local circumstance make such fire hazardous.
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               Local conditions that may warrant a burning ban include, but are not limited to:
               
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            <p class="incr2">
               a.
               
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            <p class="content3">
               Flammable and/or combustible liquid spills or leaks close to a burning site.
               
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            <p class="incr2">
               b.
               
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            <p class="content3">
               A hazardous materials incident where the proximity of the burn site could cause a
               possible ignition source or prove hazardous to operations controlling the incident.
               
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            <p class="incr2">
               c.
               
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            <p class="content3">
               The proximity of adjacent structures or other such hazards.
               
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            <p class="incr1">
               (4)
               
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            <p class="content2">
               In the event a burning ban is issued all permit holders shall be notified through
               the news media that the permit is invalid and fires shall be extinguished immediately.
               In conjunction with North Carolina Forest Service burning ban the Cabarrus County
               Fire Marshal's Office shall issue a burning ban of all-open burning within 100 feet
               of a structure and all fires shall be extinguished immediately. The local press shall
               be notified by the fire marshal's office that such ban is in effect and that no permits
               will be issued until such ban is lifted and no open burning will be allowed.
               
            </p>
            		
            <p class="incr1">
               (5)
               
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            <p class="content2">
               Any burning ban issued by the fire marshal's office shall be repealed in the same
               manner.
               
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            <p class="incr0">
               (f)
               
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            <p class="content1">
               Extinguishing illegal fires, nuisance burning, and fires when burning bans are in
               effect or all other fires that fall under this chapter, the N.C. Fire Code and the
               state regulations.
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               The responding fire department has the authority to extinguish any fire that does
               not meet this chapter, the N.C. Fire Code and state regulations which includes but
               are not limited to illegal fires, nuisance burning and fires when burning bans are
               in effect.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               The fire marshal's office or its authorized representative has the authority to extinguish
               any fire that does not meet this chapter, the N.C. Fire Code and state regulations
               which includes, but are not limited to illegal fires and nuisance burning and fires
               when burning bans are in effect.
               
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            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               The fire marshal's office or its authorized representative does not have to be present
               to order the extinguishment of the fire. If the owner or person burning refuses to
               let the fire department extinguish the fire then the fire department can have the
               fire marshal's office paged and a representative from that office will respond to
               assist the fire department.
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               The fire marshal's office may respond to any nuisance burning when the person will
               not allow the fire department to extinguish the fire.
               
            </p>
            		
            <p class="incr1">
               (5)
               
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            <p class="content2">
               The fire marshal or a representative of that office may respond to any illegal burning
               when requested. The fire marshal or a representative of that office does not need
               to be present to order the fire extinguished. The fire department can extinguish the
               fire and fax any information about the fire to the fire marshal's office and they
               will investigate. If there is a problem with the person who is burning, the fire marshal
               or a representative of that office will respond to assist the fire department.
               
            </p>
            		
            <p class="incr1">
               (6)
               
            </p>
            		
            <p class="content2">
               If any citations are to be issued that fall under this chapter or N.C. Fire Code it
               will be issued by the fire marshal's office.
               
            </p>
            		
            <p class="incr0">
               (g)
               
            </p>
            		
            <p class="content1">
               A violation of this section is punishable as a misdemeanor.
               
            </p>
            		
            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="12658" data-ordinance-id="1068140">
                  Ord. No. 2020-50
                  </a>
               , 12-21-20;
               <a class="ordinance-link" href="" data-product-id="12658" data-ordinance-id="1170755">
                  Ord. No. 2021-32
                  </a>
               , Â§ 8, 12-20-21)
               
            </p></div>