§ 20-137. General conditions and requirements.

Open burning may be conducted with the following provisions:

(1)

No public nuisance is or will be created.

(2)

The burning is controlled so that a traffic hazard is not created as a result of the air contaminants being emitted.

(3)

The burning is conducted so that ambient air quality of the general area as well as the surrounding city is not adversely affected.

(4)

Any open burning shall be constantly attended until the fire is extinguished. At least one portable fire extinguisher with a minimum 4-A rating, two portable fire extinguishers with a minimum 2-A rating each, or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.

(5)

Distances from any oil and gas well locations. The minimum distance for open burning from oil and gas wells will be 1,000 feet, unless a risk analysis is performed and approved by the oil and gas lease holder and the fire marshal's office. Such analysis shall be conducted according to the following guidelines:

a.

The risk analysis shall be presented in written form for review to the oil and gas lease holder and the fire marshal's office. If the risk analysis states that a minimal hazard exists, the minimum distance can be reduced to 500 feet.

b.

The risk analysis should state any requirements on the burning or site conditions for the burn permit holder.

c.

The risk analysis shall be conducted by a qualified company or person and be approved in writing by a company representative for the oil well site affected. The risk analysis may be performed by the following persons:

1.

Field operations and safety coordinator for the oil company affected, if trained in fire behavior/prevention.

2.

Person or person's trained and certified by a nationally recognized independent organization accredited in fire behavior/prevention.

3.

A private fire protection engineer.

4.

Persons trained in hazardous materials operations.

(6)

Distances from any electric and overhead utilities shall be a minimum of 150 feet.

(7)

Distances from any public roadway must be at least 300 feet. Permission to burn shall be obtained each day before burning is to take place. To receive permission to burn on any given day, between the hours of 8:00 a.m. and sunset, the applicant must contact the fire marshal's office prior to commencing the burning. If burning is to take place between sunrise and 8:00 a.m., the permit holder must contact the fire marshal's office the day before, during office hours to receive permission for the following morning.

(8)

The fire department shall order the extinguishment of any open burning that creates or adds to a hazardous or objectionable situation. Permit holders are required to extinguish the fire upon the order of the fire department. Failure of a permit holder to extinguish a fire will result in the fire department extinguishing the fire.

(9)

Wind speed must be less than ten miles per hour and the ceiling has to be a minimum of a four (4), or 1,000 to 3,000 feet, as indicated by the National Weather Service.

(10)

The burn permit site and the materials to be burned are subject to inspection at any time during the 30-day permit period by any officer of the city fire department.

(Code 1982, § 12-104; Ord. No. 2699, § 1, 11-13-2000)