White River Township Fire Prevention and Protection Ordinance
 
ARTICLE IX
 
Open Burning, Recreational Fires, and Use of Grills
 

SECTION 1.  General

            It is unlawful for any person to cause, allow or permit any open burning, recreational fires, or use of open flame devices in a Class 1 Structure, except as permitted below.
 

SECTION 2.  Permitted Open Burning

            The following open fires are permitted, but shall follow the limitations and regulations as set forth in Section 3 and Section 4 below:

            (a)  Fires used for celebrating Twelfth Night Ceremonies;
            (b)  Fires used for celebrating school pep rallies;
            (c)  Fires used for celebrating scouting activities;
            (d)  Fires used for recreational and cooking purposes, i.e.: camp fires;
            (e)  Farm burning;
 

SECTION 3.  Permit Required

            A permit must be obtained from the fire department before any open burning outside of a non-combustible container can occur.

This Open Burning Permit for areas within the White River Township Fire Protection District may be obtained from the White River Township Fire Department Headquarters located at 850 S. Mullinix Road, Greenwood. For areas located within the Bargersville Fire Protection District this permit may be obtained from the Bargersville Fire Department located at 51 S Baldwin Street, Bargersville. The charge for this permit is as set forth in Article XV of this ordinance.

At no time shall open burning outside of a non-combustible container be permitted without an Open Burning Permit issued by the serving Fire Department. The Citation Fee for Open Burning is set forth in Article XVII of this ordinance.
 

SECTION 4.  Limitations and Regulations

            The following limitations and regulations shall be adhered to:

(a)  Open Burning is absolutely prohibited in apartment and condominium complexes and mobile home parks

(b) Open Burning shall be in a noncombustible container sufficiently vented to induce adequate primary combustion air with enclosed sides, a bottom, and a mesh covering with opening no larger than 1 ¼ inch square; 

(c)  Open Burning shall be constantly attended by at least one adult having an                     attached working water hose (garden type) or a 10# ABC Fire Extinguisher present;

(d)  Open Burning shall be conducted during day-light hours only;

(e)  Open Burning is prohibited in areas that are within twenty-five feet (25’) of any structure or
                   public right-of-way;

(f)  Farm open burning must be wood products derived from the following farm maintenance operations:  clearing operations from fence rows, natural growth derived from clearing a drainage ditch, limbs and prunings cannot be diseased or infected so as not to present a contamination hazard;

(g)  Open Burning Fires shall be attended at all times until completely extinguished;

(h)  If Open Burning fires create an air pollution problem, a nuisance, or a fire hazard, they shall be extinguished;

(i)  No burning shall be conducted during unfavorable meteorological conditions such as temperature inversions, high winds, air stagnation, etc.;

(j) No garbage, rubbish or other trash shall be burned.

326 IAC 4
 

SECTION 5.  Liability

            Any person who allows the accumulation or existence of combustible material which constitutes or contributes to a fire causing air pollution shall not be excused from responsibility thereof on the basis that said fire was set by vandals, was accidental or was an act of God.
 

SECTION 6.  Depositing of Hot Ashes and Other Dangerous Materials

           Hot ashes, cinders, smoldering coals or greasy or oily materials subject to spontaneous ignition shall not be deposited in a combustible receptacle, within 10 feet (3048 mm) of other combustible material including combustible walls and partitions or within 2 feet (610 mm) of openings to buildings. The minimum required separation distance to other combustible materials shall be 2 feet (610 mm) where the material is deposited in a covered, noncombustible receptacle placed on a noncombustible floor, ground surface or stand.
 

SECTION 7. Use of Grills

A.        Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.

B.        LP-gas burners having a LP-gas container with a water capacity greater than 2.5 pounds (1.14 kg) [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction. 
 

SECTION 8. Use of Open Flame Devices

            A person shall not utilize or allow to be utilized, an open flame, fireworks or any pyrotechnics in connection with a public meeting or gathering for purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation or similar purpose in assembly or educational occupancies without first obtaining a permit from the serving Fire Marshal.