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(DEMO) Emmett Township Burn Permits

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ARTICLE III. - OUTDOOR AND OPEN BURNING

ARTICLE III. - OUTDOOR AND OPEN BURNING

Sec. 30-50. - Purpose.

This article 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 Emmett Charter Township by regulating the air pollution and fire hazards of open burning and outdoor burning.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-51. - Applicability.

This article applies to all outdoor burning and open burning within the township with the following exceptions:

(a)    This article does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances;

(b)   This article does not apply to burning for the proposes of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation;

(c)    This article does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating construction or maintenance activities.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-52. - Definitions.

Campfire means a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.

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.

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 operations on a house, commercial or industrial building, or other structure.

Director of public safety means the Emmett Township Director of Public Safety or a duly authorized representative acting on the director's behalf.

Domestic fire means any fire around the house within the curtilage of the dwelling where the material to be burned has been properly placed in a debris burner constructed of metal or masonry with an approved spark arrester with openings no larger than ¾ inch. In order to meet this definition, burners of a metal drum or portable type may not be located less than 15 feet from any building or less than five feet from the adjoining property line.

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.

Outdoor burning means open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.

Refuse means any waste material, including paper, trash, rubbish or other similar waste materials. The term "refuse" shall not include trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-53. - General prohibition on outdoor burning and open burning.

Open burning and outdoor burning are prohibited in the township unless the burning is specifically permitted by this article.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-54. - Open burning of refuse.

(a)    Open burning of refuse is allowed if all of the following conditions are met:

(1)    The burning does not create a nuisance. For purposes of this subsection, a nuisance shall be defined as a burning which creates a foul or offensive odor or that causes smoke emissions that are unreasonably offensive to occupants of surrounding property.

(2)    The burning is conducted in a fireproof container constructed of metal or masonry with an approved spark arrester with an opening no larger than ¾ inch. Masonry or heavy metal constructed burners or incinerators shall be constructed to withstand the heat of 1,200 degrees Fahrenheit and shall be located more than three feet from a combustible building or property line. Masonry or heavy metal burners or incinerators shall be constructed with or attached to a suitable stack, the top of the stack to be at least three feet above the eave line of any adjoining buildings if such building is less than 15 feet from the stack. All stacks are to be properly capped with approved spark arresters.

(3)    Burning shall occur only from sunrise to not later than 9:00 p.m.

(4)    Material being burned is not prohibited under section 30-55

(5)    A permit issued in accordance with section 30-58 of this article has been obtained.

(b)   Open burning of the following materials is prohibited:

(1)    Construction and demolition waste.

(2)    Hazardous substances, including, but not limited to, batteries, household chemicals, pesticides, used oil, gasoline, paints, varnishes, and solvents.

(3)    Furniture and appliances.

(4)    Tires.

(5)    Garbage, animal carcasses, rubbish or blight material giving off foul odors.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-55. - Open burning of trees, logs, brush, stumps, leaves, and grass clippings.

Open burning of trees, logs, brush, stumps, leaves, and grass clippings is allowed only in accordance with all of the following provisions:

(a)    Except for campfires and domestic fires as defined in section 30-52, a permit is issued in accordance with section 30-58 of this article must be obtained prior to open burning under this section when the ground is not snow-covered.

(b)   Open burning of trees, logs, brush and stumps must be conducted at least 1,400 feet from an incorporated city or village limit.

(c)    Except for barbecue, gas, and charcoal grills, no open burning shall be undertaken during periods when the Governor of Michigan has issued a burning ban applicable to the area.

(d)   All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations. Open burning shall be conducted in conformance with all local and state fire protection regulations.

(e)    Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed, provided they do not cause a nuisance. For purposes of this subsection, the term "nuisance" shall be defined as a burning which creates a foul or offensive odor or that causes smoke emissions that are unreasonably offensive to occupants of surrounding property.

(f)    Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.

(g)   No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or waterbody.

(h)    No open burning may be conducted on days when the department of environmental quality has declared an air quality action day applicable to the township.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-56. - Agricultural burning.

Open burning of weeds, brush, and crop stubble on agricultural lands is allowed if conducted in accordance with other applicable provisions of this article.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-57. - Prescribed burns.

(a)    The term "prescribed burn" means the burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels. The term "prescription" means a written plan establishing the criteria necessary for starting, controlling, and extinguishing a burn.

(b)   Fires set for forest, prairie, and wildlife habitant management are allowed only if conducted in accordance with Part 515 of the Natural Resources and Environmental Protection Act, MCL 324.51501 et seq.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-58. - Burning permits.

(a)    No person shall start or maintain any outdoor burning or open burning covered under this article without a burning permit issued by the director of public safety.

(b)   Any person responsible for burning leaves, brush, clean wood or other vegetative debris under section 30-58 of this article shall obtain a one-time burning permit before starting the fire. The fee for each one-time burning permit shall be as established by resolution of the township board.

(c)    Any outdoor campfire and domestic fire does not require a permit, provided that the fire complies with all other applicable provisions of this article.

(d)   The owner or occupant of the property shall obtain an annual burning permit for each burn barrel referred to in section 30-54 before using the burn barrel. The fee for each annual burning permit shall be established by resolution of the township board. An annual permit expires on March 1 of each year.

(e)    When weather conditions warrant, the public safety director may temporarily suspend issuing burning permits and may temporarily suspend previously issued burning permits for open burning.

(f)    A burning permit issued under this section shall require compliance with all applicable provisions of this article and any additional special restrictions deemed necessary to protect public health and safety.

(g)   Any violation of the conditions of a burning permit shall be deemed a violation of this article. Any violation of this article or the burning permit shall void the permit.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-59. - 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.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-60. - Right of entry and inspection.

The director of public safety or other authorized officer, agent or employee of the township who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this article.

(Ord. No. 5-2013, § 1, 6-13-2013)

Sec. 30-61. - Enforcement and penalties.

(a)    The department of public safety is authorized to enforce the provisions of this article.

(b)   Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this article or fails to comply with a duly authorized order issued pursuant to this article shall be deemed to be responsible for a municipal civil infraction punishable in accordance with section 2-72 of this Code of Ordinances. In addition, the violators shall pay costs which may include all expenses, direct and indirect, which the township has incurred in connection with the municipal infraction. In addition, the township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this article. Each day that a violation of this article exists shall constitute a separate violation of this article.

(Ord. No. 5-2013, § 1, 6-13-2013)


Don't forget to call!

Telephone: (269) 248-3108

It is ok to burn today. Risk level is MODERATE. Please make sure you continue to monitor weather conditions and supervise your burn.

Frequently Asked Questions

How does this new system work?

Once you have signed up for an account, call the Permit Hotline at 269-248-3108 between the hours of 6:00 am and 8:00 pm on the day you want to burn. The system will provide you with the current burning "Risk Level" and if you are allowed to burn for the day. If you are calling from your registered number follow the prompts. This will automatically notify us and register your burn at your address.

When Do I need to call in that I want to burn?

All OPEN burning requires you to call the Burn Permit Hotline at 269-248-3108 to get the "Risk Level" for the day and to register your burn. This must be done on the day you want to have the fire. OPEN burning is only allowed between the hours of 6:00 a.m. and 8:00 p.m. with all fires being out by dusk. You are NOT required to call in and notify us when burning in an approved container or for cooking and campfires as long as they do not exceed a pile 3 feet tall 3 feet wide or 3 feet long. You are REQUIRED to call in and register your burn when doing yard cleaning activities such as burning leaves piles and other yard vegetation.

How Do I Set Up a Burn Permit Account?

To signup, click on "Create An Account" and follow the instructions. It is important that you provide as much contact information as possible such as phone number, email address and mobile phone information. Once you have filled out all this information, the system will take you to a payment screen where you can pay securely through Pay Pal. Once your payment has been approved, your permit will be issued with a copy being sent to your email or available online through your personal account.

What happens if I burn WITHOUT signing up for an account or registering a burning event?

Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this or any other part of the Burning Ordinance shall be charged with a civil infraction punishable by up to a $500.00 fine. In addition, the violators shall pay costs which may include all expenses, direct and indirect, which the township has incurred in connection with the violation.

What are the hours that I can burn?

Once your permit is activated, you can start your fire anytime after 6 a.m. All fires MUST BE extinguished by nightfall with the exception of campfires. Campfires DO NOT require a burning permit as long as they do not exceed 4x4x4 in size.