§ 7-32. Outdoor burning policy.
(a)
The purpose of this policy is to comply with Texas Commission on Environmental Quality (TCEQ) regulations as addressed in the Texas Administrative Code (TAC), Title 30, Environmental Quality, Part 1. Texas Commission on Environmental Quality, Chapter 111, Control of Air Pollution from Visible Emissions and Particulate Matter, Subchapter B. Outdoor Burning.
(b)
No person shall kindle or maintain any type of outdoor burning or authorize any such fire to be kindled or maintained without a permit or other proper authorization from the fire chief, fire marshal or their representative. The city cannot be held responsible or liable for an environmental hazard or damage caused from outdoor burning.
• All permit fees are non-refundable.
• A maximum of two (2) outdoor burns will be permitted annually at any one location.
• Land owner will provide proof of general liability insurance with a minimum of one hundred thousand dollar ($100,000.00) coverage and fifty thousand dollars ($50,000.00) fire damage coverage.
• The party responsible for the burn remains liable for damages, injuries or other consequences that may result from burning, even when it is carried out in compliance with the ordinance, policy or regulations.
• Burn only when the wind direction and weather conditions are such that smoke and other pollutants will not present a hazard to any public road, landing strip or navigable water body(lake, river, stream, bay) or have an adverse effect on any off-site sensitive receptors.
(c)
Outdoor burning regulations .
(1)
No outside burning is allowed unless you have been issued a burn permit.
(2)
A burn permit must be obtained by submitting a burn permit application for the specific area you wish to burn to the Athens Fire Marshal's Office.
(3)
Upon approval from the fire marshal's office a fifty dollar ($50.00) permit fee will be paid at city hall.
(4)
A permit must be posted at the burn site during the duration of burning.
(5)
Each permitted project will be allowed two (2) consecutive days of burning provided the criteria is met with a site inspection.
(6)
Only dry plant growth natural to the burn site can be burned. Burns will include only those materials collected on site.
(7)
The burn site must be down wind and at least three hundred (300) feet from any neighboring structure that contains sensitive receptors; residential, recreational, commercial, industrial, or live stock and other animals. These restrictions may be waived only with the prior written approval of whoever owns or rents the adjacent property and either resides or conducts business there. The written approval and contact number of person must be forwarded to the fire marshal before burning is conducted.
(8)
There must be a fire break of fifty (50) feet around the material to be burned.
(9)
A competent person of at least eighteen (18) years of age must be in attendance of the site during the burn.
(10)
An adequate extinguishing method to control the burn is required at the site and must be approved by the fire marshal.
(11)
If complaints are received and the complaint is valid (to be determined by the fire marshal, fire department or law enforcement officer), burning will have to cease.
(12)
Hours of burning are from one (1) hour after sunrise to one (1) hour before sunset.
(13)
Hauling of materials, brush or vegetation onto the site from another property will render this permit invalid.
(14)
Burn piles are not allowed to be over thirty (30) feet in length, thirty (30) feet in width or more than eight (8) feet in height.
(15)
Burn piles must be downwind and a minimum of fifty (50) feet from tree lines.
(d)
No burn days are determined as follows:
(1)
Wind is expected to be above twenty (20) mph
(2)
Wind is expected to be below five (5) mph
(3)
Humidity is less than fifty (50) percent
(4)
The city will not allow burning when the Henderson County Commissioners Court in-acts a "Burn Ban"
(e)
Exceptions . Tracts of land greater than twenty (20) acres (proof of tract size will be the responsibility of owner) with the same property owner, may apply for an annual permit which will allow twelve (12) outdoor burns, one (1) per month, per calendar year. This is to be permitted annually for a fee of three hundred dollars ($300.00) and must meet all the requirements for outdoor burning. The burn site will be inspected at each burn by the fire chief, fire marshal or their designee. It will be the responsibility of the property owner to notify the fire marshal of days of burning.
Tracts of land two (2) acres or greater will be eligible for a burn permit for maintenance burning of piles no more than ten (10) × ten (10) × four (4) and are one hundred fifty (150) feet from off-site sensitive receptors. Maintenance burns must meet all other requirements and regulations as set forth in the cities burn permit requirement. The fee for maintenance burning is twenty dollars ($20.00).
The following controlled burns may be exempt from permits with prior approval from the fire chief or fire marshal:
(1)
Campfires (three (3) feet × three (3) feet × two (2) feet in height)
(2)
Fires for ceremonial purposes
(3)
Fire pits for approved food preparation
(4)
Warming fires during cold weather
The following outdoor burning will not require a permit but must follow manufacturer's guidelines, fuel loading is not exceeded, rubbish or yard waste is not being burned, and means of immediate extinguishment is close. Nonresidential occupancies and apartment buildings having three (3) or more units, any such device must be at least fifteen (15) feet away from structures and combustible materials, unless porch/balcony is equipped with a fire sprinkler system.
(1)
Chimineas
(2)
Portable outdoor fireplaces/fire pits
(3)
Cooking grills
(f)
Materials and items that absolutely cannot be burned . Any items/material other than dry plant growth natural to the burn site, no electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes and items, containing natural or synthetic rubber. Leaves, pine needles, pine cones or any other materials that generate excessive smoke will be prohibited.
Authorization to conduct outdoor burning does not exempt or excuse a person from the responsibility, consequences, damages, or injuries resulting from the authorized burning and does not excuse a person from complying with other applicable laws, ordinances or regulations.
(O-13-16, § I, 4-11-16; Ord. No. O-14-16, 4-11-16; Ord. No. O-23-16, § I, 6-13-16; Ord. No. O-24-16, § I.A., 6-13-16)