§ 9-28. Open burning prohibited.

(a)

In this section, "open burning" means the disposal of combustible wastes by burning outside the confines of a building, incinerator or container designed, equipped and functioning so as to reduce the production and dissemination of smoke or fumes to a level below that which would impair the health or comfort of the inhabitants of the city, and so as to prevent the emission of sparks.

(b)

Combustible wastes shall include the combustible components of otherwise noncombustible items, such as automobile and truck bodies, and shall include any ordinarily noncombustible material which is rendered combustible by the combining with it of highly combustible fuels.

(c)

Open burning is prohibited and no person shall kindle or maintain any fire or authorize any such fire to be kindled or maintained without a permit or other proper authorization except as follows:

Note— All required permits shall be obtained from the City of Cartersville Fire Department.

(1)

Recreational/cooking fires. No permit/no fee. For recreational purposes or cooking food for immediate human consumption, e.g., camp fires and barbecues.

(2)

Firefighter training fires. No permit/no fee. Fires set for the purposes of training firefighting personnel should comply with the following:

a.

Any asbestos containing materials should be removed in accordance with the Environmental Protection Division's regulations governing asbestos. Phone [phone] for further information.

b.

Structures should be emptied of any material in storage that may contain heavy oils, natural or synthetic rubber, furniture, appliances or other solid waste.

c.

Weather conditions should be such that smoke and ash will not linger in the area or the same do not blow into residential, shopping, educational or hospital areas.

d.

Residuals from the suppression and containment efforts are not allowed to run off into bodies of water, i.e., streams, ponds, swimming pools, etc.

e.

Training should be conducted no earlier than 9:00 a.m., and concluded by 4:00 p.m., (Fall and Winter) or 6:00 p.m. (Spring and Summer).

f.

The person in charge of such firefighting training should make a thorough investigation of the proposed situation and prevailing circumstances before commencing any such burning and respond responsibly as needed. The person in charge of such firefighting training should obtain a release and consent to conduct such training from the owner(s) of the property.

(3)

Open flame-making equipment. No permit/no fee. Operation of devices using open flames such as asphalt kettles, blow torches, welding torches, portable heaters and other flame-making equipment.

(4)

Bonfires. Permit required/no fee. No person shall kindle or maintain any bonfires or authorize any such fire to be kindled or maintained on any private or public land unless the location is not less than fifty (50) feet from any structure and adequate provision is made to prevent fire from spreading within fifty (50) feet of any structure, or the fire is contained in an approved waste burner located not less than fifteen (15) feet from and structure.

Bonfires shall be constantly attended by a competent person until such fire is extinguished. Such person shall have a garden hose connected to a water supply, or other fire extinguishing equipment readily available for use.

Note— No flammable or combustible liquids shall be used to start this type of fire. Only paper, cardboard or kindling shall be used to start bonfires.

(5)

Land clearing. Permit required: one hundred dollar ($100.00) fee. The applicant shall complete the burning permit application issued by the City of Cartersville Fire Department. The applicant shall submit a plat or site plan showing the proposed location of the pit and information relating to the proximity of any occupied or unoccupied structure. Said permit shall be valid for the duration of the open burning, but in any event shall not be valid beyond two (2) months from the date of issue.

(6)

Outdoor portable or moveable fireplaces should be at least ten (10) feet away from home and combustibles and placed on non-combustible material underneath pit, such as patio blocks.

(d)

Air curtain destructor. Pit fires are the only type of fire permitted for the purposes of land clearing. No aboveground fires are allowed in the City of Cartersville, Georgia. All pit fires shall be operated in strict accordance with the "Air Curtain Destructor Operating Guide and Procedures," as published by the North Georgia Region Environmental Protection Division. Pit fires shall comply with the following requirements:

(1)

The pit shall be at least three hundred (300) feet from any occupied or habitable structure or public road. Air curtain destructors used solely for utility line clearing or road clearing may be located at a lesser distance upon approval of the fire inspector.

(2)

Only wood wastes consisting of trees, logs, brush and stumps may be burned. Sawdust, other densely packed wood wastes, paper (any type), chemically treated, coated or impregnated wood, or non-wood construction materials cannot be burned.

Note— The amount of dirt on or in the material being burned shall be minimized.

(3)

No more than one (1) "air curtain destructor" can be operated within a ten-acre area at one (1) time, or there must be at least one thousand (1,000) feet between any two (2) air curtain destructors. The air curtain destructor must be under control of a trained operator at all times during operation.

(4)

Air curtain destructors must be able to pass an even, non-turbulent flow of air across the top of the pit. Air curtain destructors with an air duct or manifold that has been altered by bends, dents, holes, etc., and are incapable of providing an even and non-turbulent flow of air across the top of the pit shall not be approved for use.

(5)

The air curtain destructor shall be operated in a manner to prevent air, land or water pollution, safety/health hazards or nuisances.

(6)

Tires or other rubber products, plastics, heavy oils or asphaltic-based or impregnated materials shall not be used to start or maintain the operation of the air curtain director.

(7)

No smoke emissions exceeding forty (40) percent capacity may be produced during operation except for a reasonable period during ignition and charging of the pit.

(8)

When the pit is cleaned of ash, airborne particulate is to be minimized by wetting or mixing the ashes with dirt.

(9)

Diesel fuel or kerosene may be used to start pit fires.

(10)

The city has established the following operating procedures for air curtain destructors, in addition to those stated herein, and upon issuance of a permit for operation of an air curtain destructor a copy of said procedures will be provided to the permit holder. A copy of said procedures are attached hereto as exhibit "A."

(e)

Burning restrictions.

(1)

The fire inspector may prohibit any and all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous.

(2)

No burning is permitted on Saturdays, Sundays, nights and/or holidays. Recognized holidays: Christmas Day; New Year's Day; Thanksgiving Day; 4th of July.

(3)

No burning is permitted when prevailing winds are in the direction of populated areas.

(4)

No burning is permitted when there is fog, rain or cloud bases that are diffused or ill-defined, or for at least one (1) day following the passage of a cold front.

(5)

No burning is permitted during an air pollution episode, such as an air pollution alert/warning/emergency declared by proper authorities.

Note— An air pollution episode occurs when the air contaminate concentration in an area is great enough to cause danger to public health.

(f)

Enforcement. The duly appointed fire inspectors of the city fire department are authorized to have all powers necessary to enforce this section, which includes the authority to issue or deny permits for open burning.

(g)

Penalties. Any person who shall violate any of the provisions of this section, hereby adopted, or fail to comply therewith, shall for each and every such violation and noncompliance respectively, be guilty of a misdemeanor as defined by the state. The imposition of one (1) penalty for any violation or permit it to continue.

(h)

Extinguishing of open burning. The fire inspector, and the personnel assigned to the city fire department shall have the authority to summarily extinguish any open burning which is in violation of any of the provisions of this section, and/or which constitutes an immediate threat to life and property.

(i)

Appeals. Any person aggrieved by an order, determination or permit revocation by the fire inspector may in writing appeal said order, determination, or permit revocation within three (3) business days to the City of Cartersville Board of Zoning Appeals, 101 North Erwin Street, P.O. Box 1390, Cartersville, Georgia 30120. In no event, however, shall a pit fire or other open burning continue after the fire inspector has revoked said permit.

(j)

Validity. The mayor and city council of the city hereby declares that should any section, subsection, sentence, clause or phrase of this section is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this sections.

(k)

Liability. Any officer charged with the enforcement of this section, acting for the applicable governing authority in the discharge of his/her duties, shall not hereby render himself/herself liable for any damages that may occur to persons or property as a result of any act required or permitted in the discharge of his/her duties pursuant to this section.

(l)

Repeal of conflicting ordinances. All former ordinances or parts thereof conflicting with any of the provisions of the ordinance codified herein are hereby repealed.

(m)

Date of effect. This ordinance shall take effect and be in force from and after its approval by the Mayor and City Council of the City of Cartersville, Georgia.

(Code 1976, § 3-1015; Ord. No. 8-94, 3-17-94; Ord. No. 17-00, § 2, 6-1-00; Ord. No. 68-07, § 1, 12-20-07)