Outdoor Burning Ordinance for Wales, Ordinance No. 7
SECTION 1: PURPOSE
This ordinance is intended to promote the public health, safety, and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Township of Wales by regulation the air pollution and fire hazards of outdoor burning.
SECTION 2: APPLICABILITY
This ordinance applies to all outdoor burning within the Township of Wales.
2.1. This ordinance does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
2.2. This ordinance does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace, or other heating device a building used for human or animal habitation.
2.3. This ordinance does not apply to the use of propane, diesel, acetylene, fuel oil, natural gas, gasoline, or kerosene in a device intended for heating construction or maintenance activities.
SECTION 3: SEVERABILITY
Should any portion of the ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected.
SECTION 4: DEFINITIONS
4.1. “Burn Permit” A written permission for open burning, granted by Emmett Fire Department, Memphis Fire Department or Wales Township Hall. Burn Permits applied shall have issue date, expiration date, address of burn activity, and a property owner name and contact phone number of who shall be conducting and responsible for the burn activity. Permit shall display a valid duration period prescribed by Emmett Fire Department, Memphis Fire Department or Wales Township Hall.
4.2. “Bonfire” and or “Campfire” shall both mean a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse. Bonfires and or Campfires shall not exceed size of 6 foot by 6 foot.
4.3. “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition.
4.4. “Clean wood” means natural wood which has not been painted, varnished, or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
4.5. “Fire Chief” means the Chief of the Memphis, Kimball or Emmett Fire Departments or other person designated by the Fire Chief.
4.6. “Municipality” means a county, township, city, or village.
4.7. “Open burning” means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.
4.8. “Outdoor burning” means open burning or burning in an outdoor wood furnace or patio wood-burning unit.
4.9. “Outdoor wood furnace” also known as an outdoor wood fired boiler, outdoor wood-burning appliance, or hydronic heater, means a fuel-burning device that is designed to burn clean wood or other approved solid fuels and is not located within a building intended for habitation by humans or domestic animals; and heats building space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water of a mixture of water and antifreeze.”
4.10. “Patio wood-burning unit” means a chimney, patio warmer, or other portable wood-burning device used for outdoor recreation /or heating.
4.11. “Refuse” means any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.
SECTION 5: GENERAL PERMISABLE ON OPEN BURNING
Open burning is permitted in the Township of Wales unless the burning is specifically prohibited by this ordinance.
SECTION 6: OPEN BURNING OF REFUSE
6.1. Open burning of refuse from a commercial or industrial establishment is prohibited.
6.2. Open burning of refuse from and at a one- or two-family dwelling is allowed if all the following conditions are met:
6.2.1. The burning does not create a nuisance.
6.2.2. The burning is conducted in a container constructed of metal or masonry that has a metal covering device that does not have an opening larger than ¾ inch.
6.2.3. The material being burned is not material that is prohibited under subsection 6.3.
6.2.4. A permit issued in accordance with section 7 of this ordinance has been obtained.
6.3 OPEN BURNING OF THE FOLLOWING MATERIALS IS PROHIBITED IN WALES TOWNSHIP:
6.3.1. Construction and demolition waste.
6.3.2. Hazardous substances including but not limited to batteries, household chemicals, pesticides, and other agricultural
application chemicals, used oil, gasoline, paints, varnishes, and solvents.
6.3.4. Tires.
6.3.5. Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films, and plastic containers.
6.3.6. Newspaper.
6.3.7. Corrugated cardboard, container board, office paper.
6.3.8. Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
SECTION 7: BURNING PERMITS
7.1. No person shall start or maintain any open burning covered under this section without a burning permit issued by Emmett Fire Department, Memphis Fire Department or Wales Township.
7.2. Any person responsible for burning leaves, brush, clean wood or other vegetative debris under Section 7 of this ordinance shall obtain a burning permit before starting the fire.
7.3. A campfire does not require a permit provided that the fire complies with all other applicable provisions of this ordinance.
7.4. When weather conditions warrant, the Fire Chief or Wales Township may temporarily suspend issuing burning permits and may temporarily suspend previously issued burning permits for open burning.
7.5. A burning permit issued under this section shall require compliance with all applicable provisions of this ordinance and any additional special restrictions deemed necessary to protect public health and safety by the Michigan Department of Natural Resources.
7.6. Any permitted open burn shall be conducted from dawn to dusk only. Burns shall remain a manageable size and area, so that all material and embers are completely extinguished at sundown. The responsible party shall remain onsite and observant to the burn until all flames, embers, natural material, and ashes are completely extinguished.
7.7. Any violation of the conditions of a burning permit shall be deemed a violation of this ordinance. Any violation of this ordinance shall void the burning permit. Violators of this ordinance are subject to fines and fees as described under Wales Township Cost Recovery Resolution of 2007-12.
7.8. There shall be no fees for a Wales Township resident to obtain a burning permit.
SECTION 8: LIABILITY
A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
SECTION 9: RIGHT OF ENTRY AND INSPECTION
The Fire Chief or any authorized officer, agent, employee, or representative of the Township of Wales who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.
SECTION 10: ENFORCEMENT AND PENALTIES
10.1. The Fire Chief is authorized to enforce the provisions of this ordinance.
10.2. Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this ordinance or fails to comply with a duly authorized order issued pursuant to this ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by civil fine determined in accordance with the following schedule: see Township of Wales Resolution No. 2007-12.