Star Beacon
October 17, 2006 12:23 pm Click here to order our 10/15/2006 Archive edition.
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By STACY MILLBERG
Staff Writer
smillberg@starbeacon.com
Fall seems to be the time of year when the smell of burning leaves travels through the air, but residents should know Ohio's open burning regulations as well as their community's regulations before lighting that foliage on fire.
The Ohio Environmental Protection Agency defines open burning as any outdoor fire burning without a chimney or stack. Open burning can be a problem due to various toxic fumes released from burning materials.
Leaves and plant materials send millions of spores in the air when they catch fire, causing many people with allergies to have difficulty breathing. The pollutants released by open burning also make it more difficult to meet health-based air quality standards, especially in or near large cities. The gases released by open burning can also corrode metal siding and damage paint on buildings, according to the EPA.
Ohio law restricts the burning of various materials. These materials include garbage, materials containing rubber, grease, asphalt or items made from petroleum such as tires, cars and auto parts, plastics or plastic-coated wire and dead animals, according to the EPA.
Open burning is not allowed when air pollution warnings, alerts or emergencies are in effect. Fires cannot obscure visibility for roadways, railroad tracks or air fields. Waste generated off the premises can not be burned. For example, a tree trimming company may not haul branches and limbs to another site to burn, according to the EPA.
EPA does make exceptions to the restrictions under certain circumstances, but requires written permission before burning begins.
Communities reserve the right to regulate open burning, but local ordinances cannot be less strict than the state law, according to the EPA. Most communities in the county regulate open burning according to EPA guidelines.
Open burning is allowed under certain circumstances, the trick is knowing the limitations and whether the burning site is in a restricted area. Restricted areas include areas within the boundaries of any municipal corporation; areas within corporation limits and a 1,000-feet zone outside any municipal corporation having a population of 1,000 to 10,000; and, areas within corporation limits and a one-mile zone outside any municipal corporation with a population of more than 10,000, according to EPA. Villages and cities are considered restricted areas.
There are a few types of open burning that are permitted in restricted areas. Cooking fires are permitted within city and village limits.
"(Cooking fires) are the only thing (residents) are allowed to do legally in the city," said Ashtabula Fire Chief Ron Pristera.
Many people have a misunderstanding of what a cooking fire is, though, he said.
"People will have a package of hot dogs, see the fire department pull up and pull out the hot dogs and call it a cooking fire," Pristera said. "You can't call any fire a cooking fire."
A cooking fire must consist of a wood stack no larger than 2-feet high and 3-feet wide. Clean, seasoned firewood must be used, according to the EPA.
At times, ceremonial fires also are permitted in city limits. Pristera said a permit is issued by the fire department for these types of fires. A ceremonial fire cannot have a wood stack larger than 5-feet high and 5-feet wide. It can not burn longer than three hours and clean, seasoned firewood must be used. EPA must be notified in advance for ceremonial fires, according to the EPA.
Agricultural waste and plant matter such as tree trimmings, stumps, brush, weeds, leaves, grass, shrubbery and material from crop or livestock production can be burned within city limits but the fire must be more than 1,000 feet away from a neighbor's inhabited building and the EPA must be notified in advance, according to the EPA. Open burning of land-clearing waste and residential waste is not permitted within city or village limits.
Firefighter Martin Dezendorf, of the Andover Fire Department, said no open burning is permitted in Andover Village except for cooking fires. Open burning is permitted in Andover Township, though, in accordance with the state guidelines, he said.
Saybrook Township Fire Chief William Kaiser said there are areas in Saybrook that are restricted and other areas of the township are considered non-restricted. Saybrook residents within one mile of Ashtabula should not burn their leaves. Kaiser said if residents rake and bag their leaves, the township will pick them up.
Windsor Township Fire Chief David Turk said his department follows EPA guidelines. He said residents can burn landscaping if it originates from the property they are burning it on.
"Some fire departments require permits for open burning and some don't," he said. "It's best to contact your community fire department to find out before."
Turk said Windsor does not require a permit for open burning, but residents are not permitted to burn within 1,000 feet of an inhabited building.
"That's the hard thing for people to do," he said. "In most cases we don't pick at these. If a neighbor complains, we have to act on it."
Turk said if a resident continues to burn after the fire department has advised them not to do so, a complaint will be filed with the EPA. In his 16 years as fire chief, Turk said he hasn't had a situation where a property owner hasn't been understanding.
Madison Fire Chief Walt Zilke said Madison basically follows EPA guidelines for open burning. He said no burning is permitted in Madison Village except for cooking purposes. A cooking fire has to be in a controlled environment using clean wood or charcoal, he said.
Any open burning in Madison Township requires a permit. Zilke said the department works through the health department to issue permits. Residents can go to the fire department or the health department and fill out an application stating the reason for fire and what they will be burning. The fire must meet certain space requirements as well, Zilke said.
"The health department may or may not look at the site," he said. "Once the health department approves the application, they have to get a local permit from (the fire department)."
Zilke said the fire department seldom disagrees with the health department's decision unless it sees some other kind of fire hazard.
"Even nurseries which are allowed to open burn by Ohio law still have to get a permit," he said. "Basically what it boils down to is any open burning in Lake County has to be by permit."
According to EPA, cooking fires are permitted in areas outside a village or city as long as the wood stack is not larger than 2-feet high and 3-feet wide, using clean, seasoned firewood. Agricultural waste can be burned as long as the fire is 1,000 feet from a neighbor's inhabited building. Land-clearing waste can be burned with written approval from EPA. Residential waste can be burned as long as the fire is 1,000 feet from a neighbor's inhabited building. Ceremonial fires also are permitted with a wood stack no larger than 5-feet high and 5-feet wide and it cannot burn longer than three hours. EPA does not require notification for areas outside of a village or city for ceremonial fires.
Turk said the fire cannot obstruct the view in a roadway.
"If smoke is blowing in the roadway and you cause an accident, the liability comes back on you," he said. "If people want to burn leaves this time of year, keep the weather conditions in mind."
Star Beacon Print Edition: 10/15/2006
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