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PUBLIC NOTICES-HEARINGS RAISIN CHARTER TOWNSHIP Outdoor and Open Burning Ordinance Ordinance No. 012109
Section 1: Purpose
1.00 Purpose.
1.1 This ordinance is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Charter Township of Raisin by regulating the air pollution and fire hazards of open burning and outdoor burning.
Section 2: Applicability
2.00 Applicability.
2.1 This ordinance applies to all outdoor burning and open burning within the Charter Township of Raisin.
2.2 This ordinance does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
2.3 This ordinance does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
2.4 This ordinance does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
SECTION 3: SEVERABILITY
3.00 Severability.
3.1 Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
SECTION 4: Definitions
4.00 Definitions.
4.1 “Burn Barrel” is essentially a 55-gallon drum that has been modified with passive under-fire draft (see examples) and a spark arrestor screen with openings no larger than ¾ inch.
4.2 "Campfire" means a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.
4.3 "Clean wood" means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
4.4 “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
4.5 "Fire Chief" means the Chief of the Raisin Township Fire Department or other person designated by the Fire Chief.
4.6 “Municipality” means a county, township, city, or village.
4.7 “Nuisance” means materials being burned that create a foul or offensive odor or that cause smoke emissions that are reasonably offensive to occupants of surrounding property.
4.8 "Outdoor burning" means open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.
4.9 "Open burning" means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.
4.10 "Outdoor wood-fired boiler" means a wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.
4.11 “Patio wood-burning unit” means a chimnea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
4.12 “Refuse" means any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.
SECtion 5: General Prohibition on oUTDOOR Burning and OPEN Burning
5.00 General prohibition on outdoor burning and open burning.
5.1 Open burning and outdoor burning are prohibited in the Charter Township of Raisin unless the burning is specifically permitted by this ordinance.
SECTION 6: Open bURNING of REFUSE
6.00 Open burning of refuse.
6.1 Open burning of refuse from a commercial or industrial establishment is prohibited.
6.2 Open burning of refuse from and at a one or two family dwelling is allowed if all of the following conditions are met:
6.2.1 The burning does not create a nuisance.
6.2.2 The burning is conducted in a container constructed of metal or masonry that has a metal covering device that does not have an opening larger than ¾ inch.
6.2.3 The material being burned is not prohibited under subsection 6.3.
6.3 Open burning of the following materials is prohibited.
6.3.1 Construction and demolition waste.
6.3.2 Hazardous substances including but not limited to batteries, household chemicals, pesticides, used oil, gasoline, paints, varnishes, and solvents.
6.3.3 Furniture and appliances.
6.3.4 Tires.
6.3.5 Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
6.3.6 Newspaper.
6.3.7 Corrugated cardboard, container board, office paper.
6.3.8 Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
SECTION 7: Open bURNING of Trees, logs, brush, stumps, LEAVES, aND Grass clippings
7.00 Burning trees, logs, brush, stumps, leaves, and grass clippings.
7.1 Open burning of trees, logs, brush, stumps, leaves and grass clippings is allowed only in accordance with all of the following provisions
7.1.1 Except for campfires, a permit issued in accordance with Section 13 of this ordinance must be obtained prior to open burning under this section when the ground is not snow covered.
7.1.2 Except for barbecue, gas, and charcoal grills, no open burning shall be undertaken during periods when the Governor of Michigan has issued a burning ban applicable to the area.
7.1.3 All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
7.1.4 Open burning shall be conducted only on the property on which the materials were generated.
7.1.5 Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed provided they do not cause a nuisance.
7.1.6 Open burning under this section shall only be conducted at a location at least 100 feet from the nearest building which is not on the same property.
7.1.7 Except for campfires, open burning shall only be conducted during daylight hours only.
7.1.8 Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
7.1.9 No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or body of water.
7.1.10 Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
7.1.11 No open burning may be conducted on days when the Department of Environmental Quality has declared an “air quality action day” applicable to the Charter Township of Raisin.
SECTION 8: aGRICULTURAL BURNING
8.00 Agricultural burning.
8.1 Open burning of weeds, brush, and crop stubble on agricultural lands is allowed if conducted in accordance with other applicable provisions of this ordinance.
SECTION 9: PRESCRIBED BURNs
9.00 Prescribed burning.
9.1 “Prescribed Burn” means the burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels. A "prescription" means a written plan establishing the criteria necessary for starting, controlling, and extinguishing a burn.
9.2 Fires set for forest, prairie, and wildlife habitant management are allowed only if conducted in accordance with Part 515 of the Natural Resources and Environmental Protection Act, MCL 324.51501 et seq.
SECTION 10: OUTDOOR WOOD-Fired (SoLid fuel) Boilers/heating systems
10.1 An outdoor wood-fired (solid fuel) boiler/heating system may be installed and used in the Charter Township of Raisin only in accordance with the following provisions:
SECTION 11: PATIO WOOD-BURNING UNITS
11.00 Patio wood-burning units.
11.1 A patio wood-burning unit may be installed and used in the Charter Township of Raisin only in accordance with all of the following provisions:
11.2 The patio wood-burning unit shall not be used to burn refuse.
11.3 The patio wood-burning unit shall burn only clean wood.
11.4 The patio wood-burning unit shall be located at least 50 feet from the nearest structure which is not on the same property as the patio wood-burning unit.
11.5 The patio wood-burning unit shall not cause a nuisance to neighbors.
SECTION 12: FIRE SUPPRESSION TRAINING
12.00 Fire suppression training.
12.1 Notwithstanding sections 5 and 6 of this ordinance, structures and other materials may be burned for fire suppression training only in accordance with all of the following provisions.
12.2 The burn must be exclusively for fire suppression training. The burning shall not be used as a means to dispose of waste material including tires and other hazardous materials.
12.3 Any standing structure that will be used in fire suppression training must be inspected and should be inspected by a licensed asbestos inspector. A notification of this inspection must be submitted to the Michigan Department of Environmental Quality, Air Quality Division at least ten business days prior to burning a standing structure. The notification must be submitted using Form EQP 5661 “Notification of Intent to Renovate/Demolish.”
12.4 All asbestos must be removed prior to conducting the fire suppression training. If the structure is a residential dwelling, the owner may remove the asbestos or have it removed by a licensed abatement contractor. If it is a commercial building, all asbestos must be removed by a licensed abatement contractor.
12.5 All ash shall be disposed of in an approved landfill or at an alternate location approved by the Michigan Department of Environmental Quality.
12.6 Asphalt shingles and asphalt or plastic siding shall be removed prior to the practice burn unless the Fire Chief determines that they are necessary for the fire practice.
12.7 At least 72 hours before a planned practice burn, residents within 1000 feet of the site of the proposed burn shall be notified.
12.8 All fire suppression training should conform to the guidelines established by the National Fire Protection Association (NFPA) Standard on Live Fire Training Evolutions (NFPA 1403).
SECTION 13: BURNING PERMITS
13.00 Burning Permits.
13.1 No person shall start or maintain any outdoor burning or open burning covered under this section without a burning permit authorized by the Fire Chief.
13.2 An authorized burning permit shall be valid for no more than three days from the date in which it was received.
13.3 Any person responsible for burning leaves, brush, clean wood or other vegetative debris under Section 7 of this ordinance shall obtain a burning permit before starting the fire.
13.4 An outdoor campfire does not require a permit provided that the fire complies with all other applicable provisions of this ordinance.
13.5 When weather conditions warrant, the Fire Chief may temporarily suspend issuing burning permits and may temporarily suspend previously issued burning permits for open burning.
13.7 A burning permit issued under this section shall require compliance with all applicable provisions of this ordinance and any additional special restrictions deemed necessary to protect public health and safety.
13.8 Any violation of the conditions of a burning permit shall be deemed a violation of this ordinance. Any violation of this ordinance or the burning permit shall void the permit.
SECTION 14: LIABILITY
14.00 Liability.
14.1 A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
SECTION 15: RIGHT OF ENTRY AND INSPECTION
15.00 Right of entry and inspection.
15.1 The Fire Chief or any authorized officer, agent, employee or representative of the Charter Township of Raisin who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.
SECTION 16: ENFORCEMENT AND PENALTIES
16.00 Enforcement and penalties.
16.1 The Fire Chief and department officers are authorized to enforce the provisions of this ordinance.
16.2 Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this ordinance or fails to comply with a duly authorized Order issued pursuant to this ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by civil fine determined in accordance with the following schedule:
*Determined on the basis of the date of commission of the offense(s)
16.3 In addition to the municipal civil fines listed in 16.2, the violator shall pay costs as prescribed by the Raisin Charter Township Ordinance No. 101005A18; Fire/Rescue Cost Recovery Ordinance which may include all expenses, direct and indirect, which the Charter Township of Raisin has incurred in connection with the municipal infraction. In addition, the Charter Township of Raisin shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Ordinance. Each day that a violation of this Ordinance exists shall constitute a separate violation of this Ordinance.
Section 17: EFFECTIVE DATE
06/29/2009
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