§ 91.53. Exception for allowable burning.

(A)

Exception for firefighter training. Outdoor burning shall be authorized for training fire-fighting personnel when authorized by the Fire Chief. Such burning does not have to conform to the general requirements for other forms of allowable burning in § 91.54 of this subchapter.

(B)

Exception for recreation, cooking, or warmth. Outdoor burning shall be authorized for fires used solely for recreational or ceremonial purposes, or in the preparation of food, or used exclusively for the purpose of supplying warmth during cold weather. Such burning shall be subject to § 91.54 in this subchapter entitled "General Requirements for Allowable Outdoor Burning."

(C)

Exception for disposal or land clearing.

(1)

Limited domestic waste. The burning of domestic waste is generally prohibited. Limited types of domestic waste may be burned when the material is restricted to the following materials and conditions:

(a)

Limited domestic waste may be burned at a property designed for and used exclusively as a private residence or duplex residence housing not more than two families, and when the waste is generated only from that property

(b)

Limited domestic waste shall be restricted to the following materials: fallen limbs, trunk or branches of a tree, landscaping trimmings, brush, untreated, unprocessed wood products. The burning of wood products containing manufacturing resins, binders, glue, biological growth inhibitors or insecticides is prohibited. Limited domestic waste shall not include any materials prohibited by any other provision of this subchapter.

(c)

Other conditions of the general requirements for other forms of allowable burning in § 91.54 of this subchapter do not apply to the burning of limited domestic waste; but, the practice may not cause a nuisance condition or traffic hazard. Furthermore, some substantial means of containing or controlling the fire must be utilized or be provided immediately available to the person supervising the fire. For example, a water hose, sand, a front-end loader, or other sufficient means to control the fire must be immediately available. Burn barrels and similar containers are specifically prohibited.

(d)

The total material burned in 24 hours shall be restricted to three cubic yards of uncompacted volume.

(2)

Diseased animal carcasses. Diseased animal carcasses may be burned when diseased animal carcass burning is the most effective means of controlling the spread of disease. Diseased animal carcasses outdoor burning may only be authorized with a permit issued by the Fire Marshall or designee.

(3)

Maintenance or land clearing. Trees, brush, and other plant growth may be burned on-site for right-of-way maintenance, land clearing operations, when no practical alternative to burning exist and when the materials are generated from property on which the burning occurs. Such burning shall be subject to the General Requirements for Allowable Burning established by § 91.54 of this subchapter. Maintenance or land clearing outdoor burning may only be authorized with a permit issued by the Fire Marshall or designee.

(4)

Brush, trees, and other plant growth by the city. Brush, trees and other plant growth causing a detrimental public health and safety condition may be burned by the city at a site it owns upon receiving site and burn approval from the executive director of the TNRCC. Such a burn can only be authorized when there is no practical alternative, and it may be done no more frequently than once every two months. Such burns can not be conducted at municipal solid waste landfills unless authored by the Executive Director of the TNRCC and shall be subject to the requirements of § 90.54 of this subchapter.

(5)

Burning permit not required. A burning permit is not required when the burning is authorized under § 90.53.

(D)

Exception for otherwise prohibited outdoor burning. Outdoor burning may be authorized with a permit issued by the Fire Marshall or designee if the following conditions are met:

(1)

A permit is not otherwise authorized by this subchapter;

(2)

There is no practical alternative;

(3)

The burn will not cause or contribute to a nuisance, traffic hazard or to a violation of any federal or state primary or secondary ambient air standard.

(E)

Emission abatement. The City Commission may specify procedures or methods to control or abate emissions from outdoor burning authorized pursuant to this rule. Authorization to burn may be revoked by the Fire Marshall or designee or Fire Chief at any time if the burning causes nuisance conditions, violates any provision of an applicable permit, or causes a violation of any air quality standard.

(F)

Permit fees. Burning Permit fees shall $30.00 per permit. One-half of the fee shall be allocated to the Fire Marshall's fund for fire prevention and publication and the remaining amount shall be deposited in the city's general fund or as otherwise directed by City Commission. Additional fees attributable to the direct cost of monitoring burning may consist of the cost of the labor and/or overtime cost of a full or part-time inspector, the cost of stand-by fire equipment and personnel and other costs directly related to the monitoring of a burn. The city may charge a surcharge of up to ten percent of the additional fees as administrative expense.

(Ord. 00-766, passed 3-20-00)