151-10 MCAPCO 11/02
1.5106 OPEN BURNING
(a) Unless otherwise specified in this Regulation, no person shall ignite, cause to be ignited, permit to be ignited, allow, or maintain any open fire.
(b) Exception to Prohibition Against Open Fires:
(1) Fires used only for the non-commercial cooking of food for human consumption or for recreational purposes;
(2) Smokeless flares or safety flares for the combustion of waste gases;
(3) Fires for training purposes when certified by the Fire Official's office and approved by the Director;
(4) Small hand warming fires at construction sites, if the fire is small, uses clean wood, is non-smoking, does not create a nuisance and is confined to a container no larger than a 55 gallon drum; and
(5) Special Burning Permits: An open burning permit is not a right but may be issued under extenuating circumstances or for agricultural purposes in accordance with the following restrictions:
(i) permits shall be issued for the specified day or days only;
(ii) permits shall specify the location, the material to be burned, and the hour or hours of the day during which the burning will take place;
(iii) Permits will be issued only for periods during which it is anticipated that ground level wind velocity will be five to fifteen (5-15) miles per hour inclusive, and either no inversion conditions or at least a 3,000-foot ceiling to the lower level of inversion; calculations of such weather conditions will be based upon information provided by the U.S. Weather Bureau; and
(iv) Permits shall specify the type of material to be burned. Notwithstanding any exceptions or special written burning permits otherwise provided for in this Regulation, under no circumstances will the open burning of tires, synthetic material, household waste, industrial waste, wire coating, garbage, trash, construction waste, except clean wood for hand warming fires or land clearing waste be allowed.
(v) The Director may delegate the issuance, modification, revocation, denial and enforcement of Special Open Burning Permits and approval of training fires to the supervisory level he considers appropriate.
(c) Whenever an open fire is found upon public or private property upon which construction work is underway by a contractor or recently has been completed by a contractor without the debris therefrom having been removed, the fact of the open fire shall constitute prima-facie evidence that the fire was set by the contractor in charge of the construction on said property, unless the contractor shall have engaged a sub-contractor to remove the debris in which case the fact of the fire together with evidence that the sub-contractor was so engaged to remove the debris shall constitute prima-facie evidence that the fire was set by said sub-contractor.
(d) Whenever an open fire is found upon private property upon which construction work is not underway by a contractor and upon which construction work has not been recently completed by a contractor, the fact of the open fire shall constitute prima-facie evidence that the fire was set by the owner of the property, unless the private property be leased to another in which cases the facts of the open fire and lease shall constitute prima-facie evidence that the fire was set by the lessee.
(e) The Director may delegate the administration and enforcement of this Regulation to the County Fire Marshal as provided in MCAPCO Regulation 1.5105 - “Delegation of Authority” Paragraph (c).
©2004 Idlewild Volunteer Fire Dept., Inc., 10241 Idlewild Rd, Matthews, NC 28105 firstname.lastname@example.org