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City of Jerome, Idaho Code, Chapter 8.22, OPEN AIR FIRES AND BURNING Page 1 of 4 City of Jerome, Idaho Code Chapter 8.22 OPEN AIR FIRES AND BURNING Enacted by Ordinance 912 in February 2001 8.22.010: PURPOSE: The purpose and intent of this chapter is to prohibit certain types of open burning, reduce open burning and find alternative means of open burning within the city of Jerome subject to the restrictions set forth herein. (Ord. 912 2001) 8.22.020: DEFINITIONS: AIR POLLUTION: The presence in the outdoor atmosphere of any contaminant or combination thereof in such quality of such nature and duration and under such condition as would be injurious to human health or welfare, to animal or plant life, to property, or to interfere unreasonably with the enjoyment of life or property. APPROVED INCINERATORS: For purposes of this chapter, "approved incinerators" shall mean those burning containers which have been approved by the Idaho division of environmental quality as incinerators. "Burn barrels" and similar devices are not considered to be approved incinerators. BARBECUE PIT: A pit constructed of concrete or approved noncombustible material for the cooking of food over an open fire. CHIEF: The duly appointed fire chief of the city of Jerome. "Chief" for the purpose of this chapter may also mean any representative designated by the chief to fulfill any function of the chief under this chapter. GARBAGE: Any putrescible animal or vegetable waste resulting from handling, preparation, cooking and consumption of food. OPEN BURNING: The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through a stack, duct or chimney. PERMIT: A burning permit by the city of Jerome issued pursuant to this chapter. RECREATIONAL FIRE: A fire for burning of materials other than garbage or refuse where the fuel being burned is contained in an approved incinerator, outdoor fireplace or barbecue pit and with a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking or similar purposes. REFUSE: Combustible trash, including, but not limited to, paper, cartons, boxes, plastic exclusions, furniture, bedding and noncombustible trash including, but not limited to, metals, tin cans and glass. SMOKE: Small gas borne particles resulting from incomplete combustion. YARD WASTE: Regular wastes produced from landscaping, grooming, pruning and gardening activities. (Ord. 912 2001) 8.22.030: GENERAL PROVISIONS: No person shall burn any trash, garbage, or other refuse upon any grounds in any manner that may menace the public health or cause a nuisance of smoke, ash, offensive odors, or fire hazard. All open burning shall comply with this chapter, rules of the Idaho division of environmental quality and the uniform fire code. (Ord. 912 2001) ---PAGE BREAK--- City of Jerome, Idaho Code, Chapter 8.22, OPEN AIR FIRES AND BURNING Page 2 of 4 8.22.040: PROHIBITED OPEN BURNING: A. Prohibited Materials: It shall be unlawful to openly burn any of the following in the city of Jerome: 1. Refuse: Refuse outside any building at any time. 2. Garbage: Garbage inside or outside any building at any time. 3. Yard Waste: Yard waste such as grass clippings or wet vegetable or other garden debris, green shrubbery, brush, tree clippings, stumps or similar materials. 4. Paper: Paper, paper products or other materials which may be blown about by the wind or pollute the air unless burned inside a building in a stove, fireplace, furnace or incinerator sufficiently constructed in compliance with regulations of the division of environmental quality of the state of Idaho. 5. Other Manmade Materials As Defined By The Department Of Environmental Quality: Whether inside or outside any building, any other material prohibited by the department of environmental quality of the state of Idaho, such as, but not limited to, wire, paints or painted materials, tires or other rubber products, oil, grease or asphalt, junk motor vehicles, salvage materials, commercial, industrial, trade or construction waste, dead or diseased waste, hazardous waste, treated woods and asphalt materials. B. Escape Of Materials Unlawful: It shall be unlawful to allow the escape of soot, ashes or other materials from any fire within the city of Jerome. (Ord. 912 2001) 8.22.050: EXCEPTIONS TO PROHIBITED OPEN BURNING BY PERMIT: A. Notwithstanding the provisions of section 8.22.040 of this chapter, the following types of open burning shall be allowed after an application and permit has been issued: 1. Field burning where there is no alternative cropping practice which provides equivalent benefits. 2. Irrigation ditches. 3. Fires used for control or alleviation of a fire hazard or for weed control when no alternative control method exists. 4. Fires used in the training of organized firefighting personnel. 5. Open air burning of dry, clean tree leaves where other methods of disposal are impracticable and in a manner which does not create a nuisance. 6. Unique fires allowed at the discretion of the Jerome City fire department, after application and permit, not falling into the subsections above. 7. Burning within real property zoned as the central business district, after application and permit for demolition or fire prevention practice, at the discretion of the Jerome City fire department. (Ord. 912 2001) 8.22.060: OPEN BURNING USES ALLOWED WITHOUT A PERMIT: Fires are allowed, without a permit, for the preparation of food provided that such fires are confined to a barbecue grill, barbecue pit, smoker or other approved enclosure when the fuel area is three feet or less in diameter and two feet in height or less for pleasure, religious, ceremonial, cooking or similar purposes and that the emission of smoke and fumes do not irritate, annoy or constitute a nuisance to others living in the neighborhood. (Ord. 912 2001) ---PAGE BREAK--- City of Jerome, Idaho Code, Chapter 8.22, OPEN AIR FIRES AND BURNING Page 3 of 4 8.22.070: RESTRICTIONS TO PERMITTED OR ALLOWED OPEN BURNING: Permitted or allowed open burning shall be subject to the following restrictions: A. Open burning shall not be conducted within fifty feet (50') of any structure or other combustible material. Conditions which could cause the spread of fire to within fifty feet (50') of a structure, shall be eliminated prior to ignition. Clearance from structures and other combustible material are allowed to be reduced to twenty five feet (25') when the pile size is three feet or less in diameter and two feet or less in height, or fifteen feet (15') when burning is conducted in an approved burning appliance. B. Barbecue pits outside of buildings shall not be located within ten feet (10') of combustible walls, roofs or other combustible material. C. A competent person of mature age, i.e., age of majority, and discretion shall constantly attend open burning until the fire is extinguished. D. Fire extinguisher(s) or other on site fire extinguishing equipment, such as dirt, sand, garden hose or water truck, shall be available for immediate utilization. E. No burning shall take place at any time or place when weather conditions will create a nuisance to anyone or the property of anyone in the vicinity thereof, or be a danger to the property or any person in the vicinity thereof. F. No burning shall be conducted prior to sunrise and must not be continued after sunset on any day. G. No materials of any kind shall be burned or attempted to be burned in any street, alley, highway, or between any curb adjacent thereto within the city of Jerome. H. No permitted or allowed burning shall take place in a burn barrel or similar device. (Ord. 912 2001) 8.22.080: COMPLIANCE WITH FEDERAL AND STATE LAW: A. Notwithstanding anything set forth in this chapter, all open burning permitted under the terms and provisions of this chapter shall also be conducted and performed in compliance with the uniform fire code, the Idaho division of environmental quality and all federal and state laws, statutes, rules and regulations applicable thereto. (Ord. 912 2001) 8.22.090: PERMITS: A. Burning permits for fires allowed by permit are to be obtained upon application to the Jerome City fire department on an application form approved by the chief during normal working hours, which application shall be in a form prescribed by the department. Issued permits shall contain the following information: 1. Name, address and home phone of permit holder. 2. Name, address and phone number of the person(s) conducting the burn if different from the permit holder. 3. Location of proposed burning. 4. Conditions under which burning is to be allowed. 5. Signature of issuing fire official. 6. Signature of permittee. B. Permits may be issued for any period of time up to one week. C. Any permit may be suspended by the issuing authority for violations of the ordinance, severe air pollution, weather conditions and air pollution dispersal conditions. (Ord. 912 2001) ---PAGE BREAK--- City of Jerome, Idaho Code, Chapter 8.22, OPEN AIR FIRES AND BURNING Page 4 of 4 8.22.100: APPEALS: A. Any person denied a burning permit by the Jerome City fire department may appeal that decision in writing to the Jerome City council. Such appeal must be made within thirty (30) days of denial. The council shall rule on said appeal on or before the next scheduled council meeting following the receipt of the appeal. (Ord. 912 2001) 8.22.110: PENALTY: A. Any violation of this chapter shall be deemed a misdemeanor. (Ord. 912 2001)