CITY COUNCIL CONSIDERS BRINGING OPEN BURNINGS CODE UP TO STATE STATUTE

Last night, the Crossville City Council took a look at the current rules for outside burning and bringing them up to the codes used in the state statutes. The city council decided to place the matter on their agenda for possible approval at its meeting this Tuesday (September 11, 2018). The codes for conducting open burning in the City of Crossville is as follows:

§ 7-601 PURPOSE. The purpose of this chapter is to regulate certain open burning in order to protect the public from the hazards of uncontrolled fires and pollution. This chapter will not relieve the person who will be burning from complying with T.C.A. §§ 39-14-305; 39-14-401; 68- 102-146; and 68-211-101 et seq.

§ 7-602 DEFINITION OF TERMS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORITY HAVING JURISDICTION. The organization, agency, office, department or individual responsible for approval or enforcement. OPEN BURNING. Any person burning or causing to be burned any flammable material in a method other than within an enclosure from which burning material cannot escape. PERMIT. The written authority of the city issued under the authority of this chapter. PERSON. Any individual, firm, partnership, corporation, association, public or private institution, political subdivision or government agency.

§ 7-603 STANDARDS FOR OPEN BURNING. It shall be unlawful for any person, as defined herein, to conduct an open burn within the corporate limits of the city without a permit. (A) No person shall willfully start or cause to be started any open fire within the corporate limits of the city without first obtaining a burn permit from the city. (B) Prevailing winds at the time of ignition must be away from any dwelling, structure, highway or other populated area, the ambient air of which may be significantly affected by smoke, fly ash or other contaminates from burning. (C) Burning shall not be initiated when it is determined by the Fire Chief or his or her designee, based on information supplied by the National Weather Service or other competent authority, that stagnant air conditions or inversions exist, or that the conditions may occur during the duration of the burn. (D) Burning shall not be initiated when it is determined and or announced by the State Fire Marshal that dry, drought, high wind or other hazardous conditions exist to prohibit burning either statewide or in regions affecting the geographical or corporate limits of the city. (E) Burning shall not be initiated when it is determined and or announced by the Fire Chief or his or her designee that dry, drought, high wind or other hazardous conditions exist to prohibit burning within the corporate limits of the city. (F) Asphaltic material, PVC, treated lumber or items containing natural or synthetic rubber, or materials made with hydrocarbons shall not be burned or used to ignite the material to be burned or to promote the burning of the material. (G) No burning shall be permitted within 30 feet of any structure or dwelling. (H) All fires must be attended to and under the direct supervision at all times of a person or persons that have sufficient capability and equipment to provide for complete extinguishment of the fire as needed. (I) With the exception of permitted bonfires and campfires, all fires shall be completely extinguished by 5:00 p.m. local time.

§ 7-604 PERMITS. Burn permits will obtained from the Fire Chief or his or her designee. (A) Permits issued under this chapter shall be under either one of two classes; standard class and large class. (1) Standard class permits are for leaves and materials under three cubic yards and may be issued by the Fire Chief or his or her designee by telephone. Standard class permits shall be good for one day from 7:00 a.m. to one-half hour prior to sunset. (2) Large class permits are for material in an amount of three or more cubic yards and require the person requesting the permit to complete the form in person at least one working day prior to the planned burn. (B) All permits issued under this chapter shall be in writing, on forms provided by the Fire Department, in the name of the person undertaking the burning and with emergency contact information, and shall specify the specific address and area in which the burning is to occur, the type and amount of material to be burned, the duration of the permit and other factors as are necessary to identify the burning which is allowed under the permit. (C) Burn sites containing three cubic yards or more of material shall be inspected by the Fire Chief or his or her designee prior to the issuance of the permit. (D) Permits shall not be issued when it is determined by the Fire Chief or his or her designee, based on information supplied by a competent authority, that stagnant air conditions or inversions exist, or that the conditions may occur during the duration of the burn. (E) Permits shall not be issued when it is determined or announced by the State Fire Marshal that dry, drought or other conditions exist to prohibit burning either statewide or in regions affecting the geographical or corporate limits of the city. (F) Permits shall not be issued when it is determined or announced by the Fire Chief or his or her designee that dry, drought or other hazardous conditions exist to prohibit burning within the corporate limits of the city. (G) Permits shall not be issued without the approval of the authority having jurisdiction when it has cited the person or designated the burn site as being in violation of federal, state or municipal laws. (H) The city through the Fire Chief has the authority to revoke a permit and to extinguish a fire for any reason affecting the health, safety or welfare of the city. (I) The Fire Chief has the authority to provide additional supplemental conditions, written on the permit, when in the best interest of the health, safety and welfare of the city it is required. (Ord. 1279, passed 8-10-2010)

§ 7-605 PENALTIES. Any person violating the provisions of this chapter, or of any permit issued under the authority of this chapter, or any provisions herein, shall be subject to the general penalty provision of this code of ordinances. Each day of violations shall constitute a separate offense. The penalties provided in the section shall be separate and apart and not in lieu of all other civil or criminal penalties which may be imposed under the laws of the state or the city.

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