Fire Marshals Office:

ORDINANCE NO. 2004-22
TOWN OF BLUFFTON, SOUTH CAROLINA
ORDINANCE FOR THE REGULATION OF OPEN BURNING

WHEREAS, the Town holds a paramount objective to maintain the environment, nature, resources, and air quality within the incorporated boundaries of the Town of Bluffton; and

WHEREAS, for the health, safety and welfare of its citizens, the Town of Bluffton believes it appropriate to enact certain regulations relative to open burning within its incorporated boundaries.

NOW, in accordance with the foregoing, the Town amends the Code of Ordinance for the Town of Bluffton by enacting this Open Burning Ordinance.

I. DEFINITIONS:

(a) Apartment Buildings - A building containing three or more dwelling units with independent cooking and bathroom facilities, whether designated as apartment houses, tenements, garden apartments, or by any other name.

(b) Applicants - Person(s) seeking an open burning or recreational Fire Permit.

(c) Approved Waste Burner - A non-combustible container with a minimum depth of three (3) feet and a minimum diameter of eighteen (18) inches, which has been approved by the Fire Chief for burning of permissible combustible material.

(d) Bonfire - Any outdoor burning that is larger than three feet by three feet and three feet high.

(e) Ceremonial or Religious Fire - A fire associated with a religious ceremony or ritual.

(f) Commercial Burn - Burning performed for the purpose of commercial profit, land clearing, and all other burning not classified as Residential Burning, Controlled Fire, or Recreational Fire.

(g) Controlled Fire - (as it relates to forestry, wildlife, and agriculture burns). The controlled application of fire to vegetative fuels in either their natural or modified state (i.e. bush hogged, herbicide treated, piled, or chopped), under planned weather and fuel moisture conditions, and confined to a predetermined area to accomplish certain objectives as related to forestry, wildlife and agricultural purposes. These burns shall be in compliance with Smoke Management Guidelines, the Notifications/Precautions law (SC Code 48-35-10) and DHEC regulation 61-62.2.

(h) Fire Chief - The individual in charge of the Fire Department. For the purpose of this ordinance, the Fire Chief shall designate a member of the fire department as his designee.

(i) Fire-extinguishing Equipment - A garden hose connected to a water supply or other equipment approved by the Fire Chief.

(j) Multi-Family Building - Residential occupancies containing more than two dwelling units where the occupants are primarily permanent in nature.

(k) Natural vegetation - Grass, pine straw, pinecones, limbs up to six inches in diameter, branches, leaves and similar items grown on the property of the designated burn location.

(l) One and Two-Family Dwellings - One and Two-Family Dwellings include buildings containing not more than two dwelling units in which each dwelling unit is occupied by members of a single family with not more than three outsiders, if any, accommodated in rented rooms.

(m) Open Burning Fire - The outdoor burning of natural vegetation, yards, debris, lawns, over grown lots, not contained within an incinerator, outdoor fireplace, barbecue grill or barbecue pit with a total fuel area equal to or less than three feet in diameter and two feet in height. This definition does not pertain to Controlled Fire as defined in subsection (n) below.

(n) Person - Any individual, group of two or more persons, or other legal entity granted a permit allowing open burning or a recreational fire.

(o) Recreational Fire - A fire contained within a pit, barrel, or other non-combustible enclosure for the purpose of pleasure, religious, ceremonial or other similar purposes.

(p) Registration - A legal document containing an assigned number issued by the Fire Chief on behalf of the County granting temporary permission to conduct open burning, recreational fires or any special fires listed within this ordinance.

(q) Residential Burn - Open burning performed with the approval of the Fire Chief at the site of a one or two family dwelling unit for the purpose of disposing of natural vegetation generated at that location.

(r) Responsible Person - An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.

(s) Rubbish- All waste material not defined as natural vegetation.

(t) Warming Fire - A fire contained within a pit, barrel, or other non-combustible enclosure for the purpose of warming or other similar purposes.

II. EXEMPTIONS:

The provisions of this ordinance do not apply to Controlled Fires as defined above and referenced in the Notifications/Precautions law (SC Code 48-35-10) and DHEC regulation 61-62.2. Therefore, the controlled burner shall comply with the laws, regulations, and Smoke Management Guidelines aforementioned when conducting such controlled burning. The South Carolina Forestry Commission shall be notified of any outdoor controlled burning as stated in the aforementioned laws and regulations prior to notifying the Fire Department and before any outdoor controlled burning is conducted.

Registration is not required for outdoor fixed and portable barbecues located at public parks and/or public beaches; one-and two family dwellings and open common areas of Multi-Family Buildings (see prohibited use). Also exempted are approved outdoor fireplaces, food smoking units, and outdoor cooking stoves.

III. PROHIBITED USE:

a. Multi-Family Buildings, Apartment Buildings or other buildings not defined as one-and two family dwellings shall not operate charcoal burners, outdoor fixed and portable barbecues or open-flame devices on combustible balconies or within ten (10) feet of combustible construction. Exception: Where buildings and decks are protected by an automatic sprinkler system.

b. Multi-Family Buildings, Apartment Buildings or other buildings shall not store or use LP-gas burners or LP-gas containers with a water capacity greater than two and one-half (2.5) pounds [nominal 1 pound LP-gas capacity] on combustible balconies or within ten (10) feet of combustible construction.

c. All Commercial Burning is prohibited (see special burning registration and notification exceptions).

IV. REGISTRATION AND NOTIFICATION REQUIRED:

The approval to burn does not relieve the holder of the responsibility of the damage of adjoining property and shall in no way be construed to hold the Town of Bluffton or the Bluffton Township Fire District responsible for any damage to persons or property.

(a) Applicants are required to register and give notification with the Fire Chief prior to any open burning or any recreational burning.

1) Open burning may only occur between the hours of 9:00 a.m. and sunset, seven days a week. Recreational Fires shall occur between the hours of 9:00 a.m. and 12:00 midnight. All Open Burning Fires shall be fully extinguished by sunset and all Recreational Fires shall be fully extinguished by 12:00 midnight. Burning hours may be extended with the approval of the Fire Chief.

2) Registration for open burning shall be applied for in-person Monday through Friday by visiting any of the respective Fire District's Fire Stations between the hours of 8:00 a.m. and 6:00 p.m. Registration shall be issued on an annual basis, starting January 1 of each year and shall expire the last day of that year. No more than one annual registration number shall be issued to a property address.

3) Any person, who registers for open burning or recreational burning approval, shall call the fire department the day they intend to burn to determine if burning is allowed on that day and to request permission to burn. The assigned annual registration number shall be required to be logged at the Fire Department each day burning is requested. Failure to log burn registration number with the Fire Department on each occasion and follow any other restrictions as stated in this ordinance as they pertain may result in a fine and/or the revocation of registration number.

4) The Fire Chief shall have the discretion to prohibit any or all burning (excluding forestry, agriculture, and wildlife burns) in response to drought conditions or when the atmospheric conditions or local circumstances make fires hazardous.

(b) The Fire Chief shall be allowed access to inspect the property relevant to any open burning or recreational burning registration number being issued. The Fire Chief is authorized to revoke a registration number for any Open Burning or recreational Fire that is determined to be a public safety or health hazard. The Fire Chief may prohibit any or all fires when atmospheric conditions or local circumstances may make such fire hazardous (excluding forestry, agriculture, and wildlife burns).

(c) All Open Burning, Residential Burning, and Commercial Burning requires compliance with the state law if such burning occurs inside corporate limits. The burning of yards, lawns, grown over lots, etc. shall be predetermined by a site visit from the Fire Department, to determine if the burning will be constituted as a burn of such magnitude that shall be referred to the South Carolina Forestry Commission as required by the Notifications/Precautions law (SC Code 48-35-10). In addition, any Open Burning and/or Recreational Fires shall be subject to the following conditions:

1) The person attending to or performing the Open Burning or Recreational Fire shall have an approved registration number in their possession at the site.

2) Attendance by a Responsible Person who is capable of controlling the fire, taking emergency action and calling for assistance is required at the site at all times. A phone, cellular or landline, shall be available on site.

3) The person performing the Open Burning or Recreational Fire shall maintain a garden hose connected to a water supply where water is available. If water is not available then on site Fire-extinguishing Equipment, approved by the Fire Chief, shall be on hand to control and extinguish the burn/fire.

4) Open Burning and Recreational Fires are restricted to burning Natural Vegetation that originates on the premises, commercially prepared fireplace logs and charcoal, but does not include Rubbish.

5) Open Burning shall not be conducted within fifty (50) feet of any structure or stored combustible material and adequate provisions are to be made to prevent the fire from spreading to within fifty (50) feet of any structure, except that burning shall be allowed if in an Approved Waste Burner located greater than fifteen (15) feet away from any structure or combustible material. Conditions, which could cause a fire to spread to within twenty-five (25) feet of a structure, shall be eliminated prior to ignition.

6) Recreational Fires shall not be conducted within twenty-five (25) feet of a structure or combustible material unless the fire is contained in an Approved Waste Burner located greater than fifteen (15) feet away from any structure or combustible material. Conditions, which could cause a fire to spread to within twenty-five (25) feet of a structure, shall be eliminated prior to ignition.

7) No Open Burning or Recreational Fire registration number shall be issued for a total fuel pile area greater than three (3) feet in diameter and two (2) feet in height.

8) No flammable or combustible liquids shall be used to ignite or maintain a fire.

9) No person shall kindle a fire upon the land or property of another without the permission of the owner thereof or his agent.

10) No Open Burning Fires, Recreational Fires or Warming Fires shall be conducted on any beach located within the Town of Bluffton.

11) The Registration number when granted does not exempt, relieve or excuse the Person responsible for the burning from the consequences of and/or damages or injuries and civil liability resulting from the burning.

12) In the event of a complaint, written or verbal, due to smoke or odor emissions, the Fire Chief may revoke or suspend the Registration number previously issued, provided the complaint appears reasonable under the circumstances, where at such time the fire shall be required to be extinguished by either the permit holder or the fire department.

V. SPECIAL BURNING REGISTRATION AND NOTIFICATION:

(a) Storm Debris: Debris in the form of Natural Vegetation generated as a result of severe- wind storms, hurricanes, tornadoes, or other natural disasters shall be burned at approved sites in accordance with the Beaufort Counties disaster preparedness plan and with a Registration number issued by the Fire Chief and authorization from all other appropriate permitting agencies. All man made materials and processed natural materials shall be disposed of in accordance with Federal Environmental Protection Agency and State Department of Health and Environmental Control Regulations.

(b) Bonfires, Ceremonial or Religious Fire: Local schools and community organizations may be issued a special Registration number to conduct a Bonfire. A Bonfire shall not be conducted within one-hundred (100) feet of a structure or combustible material. Conditions, which could cause a fire to spread to within one-hundred (100) feet of a structure, shall be eliminated prior to ignition. Items that may be burned in a Bonfire are untreated wood/lumber and natural unprocessed forest products. Flammable liquids and/or material shall not be used during the ignition or burning phases of the Bonfire. Bonfire material shall not be assembled more than six (6) hours prior to setting of the fire. A Bonfire shall be no more than six (6) feet high by twelve (12) feet in any ground dimension and shall not burn longer than three (3) hours. A Bonfire shall not burn later than 12:00 midnight. The Fire Chief may only increase the size and duration when it is determined that the fire safety requirement of the situation and the desirable duration of burn warrant the increase. An on-site inspection of the materials to be burned and the manner in which they are to be assembled is required. Inspections by the Fire Chief are required prior to and during the construction of the Bonfire. At least two (2) Responsible Persons shall be present during the entire time the fire is in progress and until such time as the fire is completely extinguished. At least two 2½ gallon water pressure type fire extinguishers, or their equivalents, shall be present for use at the burn site. No Bonfires may be conducted on any beach located within the Town of Bluffton.

(c) Commercial & Residential Land Clearing: Persons conducting land and lot clearing may be issued a special Registration number to conduct burning of debris in the form of Natural Vegetation that has grown on the same property being cleared. Debris shall be burned by the use of an enhanced air burner, following the State Department of Health and Environmental Control Regulations governing the use of enhanced air burner's. The owner or agent shall first obtain written authorization from the South Carolina Department of Environmental Control prior to receiving a Registration number from the Fire Department. If an enhanced air burner can not be permitted by the South Carolina Department of Environmental Control due to property restrictions, the Fire Chief shall, at his discretion, allow commercial or residential land clearing debris burning as long as written restrictions set by the Fire Chief are adhered to.

(d) Warming Fires: Persons conducting a Warming Fire shall be issued a special Registration number to conduct burning of debris in the form of untreated wood/lumber and natural unprocessed forest products. Such Warming Fires are to be contained in an Approved Waste Burner located greater than fifteen (15) feet away from any structure or combustible material. The Person performing the Warming Fire shall maintain a garden hose connected to a water supply where water is available. If water is not available then on site Fire-extinguishing Equipment, approved by the Fire Chief, shall be on hand to control and extinguish the fire. A phone, cellular or landline, shall be available on site.

(e) Training Fires: A Training Fire is set for the purpose of training fire-fighting personnel conducted at permanent fire-fighter training facilities. Prior South Carolina Department of Environmental Control approval is required in order to obtain the exemption as a permanently established training site. Fires set for the purpose of fire-fighter training at non-permanent locations shall receive South Carolina Department of Environmental Control approval prior to the initiation of any burning activity. Materials used for fire-fighter training cannot contain asbestos, heavy oils, asphalt material, plastic or rubber without express written consent from the Department.

VI. UNLAWFUL TO LEAVE FIRE UNATTENDED:

It is unlawful to leave any outdoor fire unattended. A Responsible Person capable of extinguishing the outdoor fire shall attend it at all times and the fire, when extinguished, shall be cold to the touch and not emitting any smoke, before leaving it unattended. Controlled Fire is not a prohibited use and; therefore, is not restricted by this or any of the following requirements.

VII. VIOLATIONS:

Any Persons violating any provision of this chapter shall be subject to the penalties of a misdemeanor. Each day's continuing violation constitutes a separate offense.

VIII. SEVERANCE:

Should any Section or provision of this Ordinance be declared invalid or unconstitutional by any Court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof, which is not specifically declared to be invalid or unconstitutional.

IX. EFFECTIVE DATE:

IT IS SO ORDAINED.
First reading by title only held on October 13 , 2004.
______________________________
Henry "Hank" Johnston, Mayor
Town of Bluffton, South Carolina
_________________________________
Sandra Lunceford
Clerk, Town of Bluffton, South Carolina

A public hearing was held on this Ordinance on December 8 , 2004.
______________________________
Henry "Hank" Johnston, Mayor
Town of Bluffton, South Carolina
_________________________________
Sandra Lunceford
Clerk, Town of Bluffton, South Carolina

This Ordinance was passed at second reading held on December 8 , 2004.
______________________________
Henry "Hank" Johnston, Mayor
Town of Bluffton, South Carolina
_______________________________
Sandra Lunceford
Clerk, Town of Bluffton, South Carolina