Chapter 9

FIRE PREVENTION AND PROTECTION

ARTICLE II. OPEN BURNING†

Sec. 9-27. General.

A person shall not cause or allow open burning, except as provided for in
sections 9-28 through 9-38.
(Ord. No. 362, 9-8-93)
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*Charter reference - Fire department, § 42.13.
Cross references - Alarm systems, Ch. 3; buildings and building
regulations, Ch. 7.
State law references - State fire prevention act, MCL 29.1 et seq.,
MSA 4.559(1) et seq., crimes related to explosives and bombs,
MCL 750.200 et seq., MSA 28.397 et seq., crimes related to fires,
MCL 750.240 et seq., MSA 28.437 et seq.
†Editor's note - Ordinance No. 362, adopted September 8, 1993,
amended Art. II to include §§9-26 - 9-27.9 and 9-40 - 9.42.1. In order
to maintain a uniform style of numbering, said sections were codified as
§§ 9-26 - 9-38 by the editor, and were treated as superseding former
Art. II, which consisted of §§ 9-26 - 9-30 and 9-40 - 9-43. Such
sections pertained to open burning and derived from §§ 1-4, 6, 7 of
Ord. No. 227A, adopted Nov. 25, 1981, and from Ord. No. 363,
adopted August 25, 1993.

Sec. 9-28. Allowable burning.

Open burning shall be allowed without prior notification to the code official for:
(1)  Fires used exclusively for recreational cooking which are contained
within a metal, brick or similiar fireproof receptacle.
(2)  Highway safety flares, smudge pots, and similar occupational needs.
(Ord. No. 362, 9-8-93)

Sec. 9-29 Permit required.

Open burning shall be allowed on five (5) acres or more after obtaining a
permit or proper authorization from the code official for recognized
silvicultural or range or wildlife management practices, prevention or
control of disease or pests, and a bonfire.
(Ord. No. 362, 9-8-93)

Sec. 9-30. Bonfire conditions.

A bonfire shall only be allowed when conditions of subsections (1) through
(4) [below] are met:

(1)  Size and duration. A bonfire shall not be more than five
(5) feet by five (5) feet (one thousand five hundred
twenty-four (1,524) millimeters) by five (5) feet
(one thousand five hundred twenty-four (1,524)
millimeters) in dimension and shall not burn longer than three
(3) hours. The size and duration of a bonfire shall only be
increased by the code official when it is determined that fire
safety requirements of the situation and the desirable duration
of burn warrant the increase.

(2)  Material. Fuel for a bonfire shall consist only of seasoned
dry wood and shall be ignited with a small quantity of paper.
The fire shall not be used for waste disposal purposes and the
fuel shall be chosen to minimize the generation of air
contaminants.

(3)  Permit issued. All permits shall be requested by and
issued to the owner of the land upon which the bonfire is to
be kindled.

(4)  Fire training. Fires purposely set for actual instruction
and training for industrial and residential training for fire
personnel in accordance with NFPA 1401.

(Ord. No. 362, 9-8-93)

Sec. 9-31. Notification

Applications for open burning shall be applied for through the clerk's office
or fire department by phone or [in] person the day [the applicant is] to
burn. Minimum information required is what [the applicant is] burning,
name [of applicant], telephone number, address, duration [applicant is]
going to burn, and size of property
(Ord. No 362, 9-8-93)

Sec. 9-32. Location requirements.

The location for any open burning shall not be less than fifty (50) feet
(fifteen thousand two hundred forty (15,240) millimeters) from any
structure and provisions shall be made to prevent the fire from
spreading to within fifty (50) feet (fifteen thousand two hundred forty
(15,240) millimeters) of any structure, tree, shrubs or other
combustible material located on such parcel or any other parcel.
Fires shall be centrally located within the parcel.
(Ord. No. 362, 9-8-93)

Sec. 9-33. Stipulations.

Open burning shall not be used for waste disposal purposes or leaves, shall
be of minimum size for the intended purpose, and the fuel shall be chosen
to minimize the generation and emission of air contaminants.
(Ord. No. 362, 9-8-93)

Sec. 9-34. Attendance of burning.

Any open burning shall be constantly attended until the fire is extinguished.
Fire extinguishing equipment shall be available for immediate use. Open
burning shall be extinguished at dark.
(Ord. No. 362, 9-8-93)

Sec. 9-35. When prohibited.

The code official shall prohibit open burning which will be offensive or
objectionable due to smoke or odor emissions when atmospheric
conditions or local circumstances make such fires hazardous. The
code official shall order the extinguishment, by the permit holder or
the fire department, of any open burning which creates or adds to a
hazardous or objectionable situation.
(Ord. No. 362, 9-8-93)

Sec. 9-36. Enforcement generally.

The code official, or his or her designate, shall enforce all provisions of this
article.
(Ord. No. 362, 9-8-93)

Sec. 9-37. Enforcement officer.

It shall be the duty and responsibility of the chief of the fire department or
of the fire prevention bureau or, if there is not a jurisdiction fire department
or fire prevention bureau, such officer be designated by the appointing
authority of the jurisdiction, or the duly authorized representative, to
enforce the provisions of this Code or article. The designed enforcement
officer of this article or Code is herein referred to as the code official.
(Ord. No. 362, 9-8-93)

Sec. 9-38. Responsibility for expenses.

Any person or persons who shall set or start or fuel an open fire without a
permit, as required by this article, or who shall fail to comply with any
request to cease burning pursuant to section 9-29, shall pay to the
township a service charge including all costs and charges incurred by the
township by reason of calling the township fire department or any other
fire department. The township may sue in any court of competent
jurisdiction for its service charges as civil damages, and may recover
such costs and expenses incurred by the township and the township
fire department from any person who sets such an open fire.
(Reference: 1993 BOCA National Fire Prevention Code, Sections
F-300 through F-301.10)
(Ord. No. 362, 9-8-93)

Secs. 9-39 - 9-55. Reserved.

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Page updated 4/27/2006