511.05 Open Burning; Recreational Fires; Portable Outdoor Fireplaces

 (a)   General.  A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
   (b)   Prohibited Open Burning.  Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
   (c)   Permit Required.  A permit shall be obtained from the Fire Code Official in accordance with Rule 1301:7-7-01 of the Ohio Fire Code prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire.  Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
   (d)   Authorization.  Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
   (e)   Extinguishment Authority.  The Fire Code Official is authorized to order the extinguishment by the permit holder, another person responsible or the Fire Department of open burning that creates or adds to a hazardous or objectionable situation.
   (f)   Location.  The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure.
   (g)   Exceptions.
      (1)   Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.
      (2)   The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.
         A.   Bonfires.  A bonfire shall not be conducted within 50 feet (15,240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit.  Conditions which could cause a fire to spread within 50 feet (15,240 mm) of a structure shall be eliminated prior to ignition.
         B.   Recreational fires.  Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material.  Conditions which could cause a fire to spread within 25 feet (7620 mm) of  a structure shall be eliminated prior to ignition.
         C.   Portable outdoor fireplaces.  Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.
Exception: Portable outdoor fireplaces used at one- and two-family dwellings.
   (h)   Attendance.  Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished.  A minimum of one portable fire extinguisher complying with paragraph (F)(906) of rule 1301:7-7-09 of the Administrative Code with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.  (OAC 1301:7-7-03)
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