<div class="chunk-title">Sec. 11-45. - Open burning.</div>
<div class="chunk-content">
            <p class="p0">
               In accordance with the North Carolina Fire Prevention Code Section 307, the following
               open burning requirements must be met:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  <span class="ital">General.</span> A person shall not kindle or maintain or authorize to be kindled or maintained any
                  open burning unless conducted and approved in accordance with this section.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Permit required.</span> A permit shall be obtained from the code official in accordance with Section 105.6
                  of the North Carolina Fire Prevention Code prior to kindling a fire for recognized
                  silvicultural or range of wildlife management practices, prevention or control of
                  disease or pests, or a bonfire. Application for such approval shall only be presented
                  by and permits issued to the owner of the land upon which the fire is to be kindled.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Authorization.</span> Where required by state or local law or regulations, open burning shall only be permitted
                  with prior approval from the state or local air and water quality management authority,
                  provided that all conditions specified in the authorizations are followed.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Prohibited open burning.</span> Open burning that will be offensive or objectionable due to smoke or odor emissions
                  when atmospheric conditions or local circumstances make such fires hazardous shall
                  be prohibited. The code official is authorized to order the extinguishments by the
                  permit holder or the fire department of open burning which creates or adds to a hazardous
                  or objectionable situation.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Location.</span> The location for open burning shall not be less than fifty (50) feet from any structure
                  and provisions shall be made to prevent the fire from spreading to within fifty (50)
                  feet of any structure. Exceptions:
                  </p>
               		
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                  a.
                  </p>
               		
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                  Fires in approved containers that are not less than fifteen (15) feet from a structure.
                  </p>
               		
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                  b.
                  </p>
               		
               <p class="content3">
                  The minimum required distance from a structure shall be twenty-five (25) feet where
                  the pile is size three (3) feet or less in diameter and two (2) feet or less in height.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Bonfires.</span> A bonfire shall not be conducted within twenty-five (25) feet of a structure or combustible
                  material unless the bonfire is contained in a barbeque pit. Conditions which could
                  cause a fire to spread within twenty-five (25) feet of a structure shall be eliminated
                  prior to ignition.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Recreational fires.</span> Recreational fires shall not be conducted within twenty-five (25) feet of a structure
                  or combustible material unless the fire is contained to a barbecue pit. Conditions
                  which could cause a fire to spread within twenty-five (25) feet of a structure shall
                  be eliminated prior to ignition.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Attendance.</span> Open burning bonfires or recreational fires shall be constantly attended until the
                  fire is extinguished. A minimum of one portable fire extinguisher complying with section
                  906 of the North Carolina Fire Prevention Code with a minimum 4-A rating or other
                  approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden
                  hose or water truck, shall be available for immediate utilization.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
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                  A violation of this section is punishable as a misdemeanor.
                  </p>
               		
               
            <p class="p0">
               All open burning must comply with all regulations of the state division of air quality
               and the state forestry service and this section shall supersede state open burning
               regulations.
               </p>
            <p class="p0">
               During periods where open burning is not advisable, the state forestry service may
               from time to time issue a burning ban that will cancel any permits for open burning.
               This section allows the fire marshal to issue an absolute burning ban where no outdoor
               burning may be done period during these times where weather conditions are not favorable
               for open burning.
               </p>
            <p class="p0">
               The county fire marshal's office, state forestry service and county solid waste and
               county law enforcement shall be authorized to issue citations in accordance with state
               statute.
               </p>
            <p class="p0">
               In the event a fire department responds to the scene of an illegal burn, the department
               shall have the authority to extinguish the fire and advise the property owner or his
               designee of this section. If at this time the owner of the property or his designee
               shall refuse to extinguish the fire, the communications center will be contacted by
               the department and the solid waste officer, law enforcement or the fire marshal's
               office will be dispatched to the scene.
               </p>
            <p class="p0">
               Fine for violation. In addition to any other penalties levied, any person violating
               the terms of this section shall pay a fine in the amount of one hundred dollars ($100.00).
               </p>
            <p class="historynote0">
               (Amd. of 8-20-02; Amd. of 9-4-07; Ord. of 1-20-22(1))
               </p>
            <p class="refmanual0" block_type="hang">
               <span class="bold">State regulationsâ€”</span>15A NCAC 2D. 1900 "open burning" shall apply.
               </p></div>