Chapter 8.08
INCINERATORS AND OUTDOOR BURNING REGULATIONS

Sections:

8.08.010    Permit required for incinerator use.

8.08.020    Incinerator location approval.

8.08.030    Use of outside grills and barbecue pits.

8.08.040    Spark arresters.

8.08.050    Maintenance.

8.08.060    Burning regulations.

8.08.070    Types of approved incinerators.

8.08.080    Fire hazards prohibited.

8.08.090    Violation – Penalty.

8.08.010 Permit required for incinerator use.

A. No incinerator shall be constructed, located, installed, equipped, maintained, or used unless by virtue of a permit secured from the fire chief of the Etna fire department, or from his duly authorized deputy, approving the type and location of such incinerator.

B. Permits required by this chapter shall be prepared by the city clerk and furnished by the city clerk to the fire department. No charge shall be made for any permit required hereunder. (Ord. 151 § 1, 1984)

8.08.020 Incinerator location approval.

A. The location and type of every incinerator shall be approved in writing by the fire chief of the Etna fire department or one of his duly authorized deputies. If the location thus approved should thereafter create a public or private nuisance or fire hazard, the fire chief of the fire department or his duly authorized deputy may revoke his previous approval and the person owning or using the incinerator shall immediately cease burning therein and move the incinerator to a location approved by the fire chief or his duly authorized deputy.

B. The location and type of every outside grill and barbecue pit which consists of an independent structure shall be approved by the fire chief of the Etna fire department or by one of his duly authorized deputies. (Ord. 151 § 2, 1984)

8.08.030 Use of outside grills and barbecue pits.

No outside grill or barbecue pit shall be used for the disposal or burning of combustible waste materials. (Ord. 151 § 3, 1984)

8.08.040 Spark arresters.

Every incinerator and outside grill shall be equipped and maintained with a spark arrester approved by the fire chief of the Etna fire department or his duly authorized deputy. (Ord. 151 § 4, 1984)

8.08.050 Maintenance.

Every incinerator, outside grill, barbecue pit and the equipment thereof shall be maintained in good condition, working order, and repair at all times. (Ord. 151 § 5, 1984)

8.08.060 Burning regulations.

A. No person shall ignite, set fire to or burn any rubbish papers, shavings, boxes, grass, brush or other combustible materials except as follows: (1) in an approved type incinerator; (2) in an open fire authorized by the written permit from the fire chief of the Etna fire department or his duly authorized deputy; and provided further, that a competent person or persons be in constant attendance at such burning until the fire is extinguished.

B. All burning regulated under this section shall be done between the hours of 6:00 a.m. and 11:00 a.m. except when such burning is done pursuant to a permit from the fire chief of the Etna fire department or his duly authorized deputy, or is done in an incinerator so constructed or located as to be part of, or opening into, any building.

C. No burning shall be conducted whenever a wind of over 10 miles per hour is blowing from any direction.

D. The provision of subsection (B) of this section pertaining to the hours of burning shall not apply to any outside grill or barbecue pit; provided, that any fire therein shall be kept under competent and continuous supervision, and that all inflammable and combustible material shall be removed a sufficient distance from said grill or barbecue pit so as not to constitute a fire hazard; and provided further, that all fire or coals in said grill or barbecue pit shall be thoroughly extinguished after the use thereof has been completed.

E. It is unlawful to burn garbage within the city unless such burning is conducted in a gas-fired sanitary incinerator within a building, having a stack sufficiently high to control all odors. (Ord. 151 § 6, 1984)

8.08.070 Types of approved incinerators.

The following types of incinerators are approved:

A. An incinerator constructed either of concrete, brick, masonry, or No. 3 gauge metal, equipped with an approved fire grate, trash door, and a spark arrester of heavy hardware cloth of 11 gauge half-inch mesh and securely attached to the top of the chimney; incinerator shall be kept at least four feet from all combustible substances. Every incinerator shall be constructed, installed and equipped under the supervision of the fire chief of the Etna fire department or his duly authorized deputy.

B. An incinerator of the 50-gallon drum type construction shall be of not less than 18 gauge U.S. metal, of a noncombustible material, and equipped with an approved fire grate and cleanout door. Top of drum to be provided with a metal lid, or spark arrester of heavy hardware cloth of 11 gauge half-inch mesh, and installed on top of drum at all times during the burning of debris. This type of incinerator to be kept at least six feet from all combustible substances.

Any incinerator herein defined which in the opinion of the fire chief of the Etna fire department or his duly authorized deputy is unfit for further use shall not thereafter be used.

With respect to any incinerator presently installed and in use which subsequently does not meet the standards of this chapter or the approval of the Etna fire department within the discretion of the fire chief or his duly authorized deputy, the replacement of such nonapproved incinerator may be deferred for a period of 90 days. (Ord. 151 § 7, 1984)

8.08.080 Fire hazards prohibited.

No person shall construct, erect, install, locate, equip, maintain, or use any incinerator, outside grill or barbecue pit, or so burn any combustible matter as to constitute a fire hazard by the use of burning thereof so as to endanger the life or property of any person thereby. (Ord. 151 § 8, 1984)

8.08.090 Violation – Penalty.

Any person who violates any provision of this chapter or fails to comply therewith, or violates or fails to comply with any order or regulation made thereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed 180 days or by both such fine and imprisonment. Each separate day, or any portion thereof, during which any violation of this chapter occurs or continues shall constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. (Ord. 151 § 10, 1984)