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Home My WebLink About2018-382 Amending Text of Chapter 86 Open BurningCity of Corcoran County of Hennepin State of Minnesota Motion By: Schultz Seconded By: Keefe CITY OF CORCORAN October 25, ZU7 5 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 86 OF THE CORCORAN CITY CODE RELATED TO OPEN BURNING (CITY FILE 18-013) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Chapter 86 "Open Burning" (General Regulations) of the Corcoran City Code is hereby amended by deleting the material and adding the underlined material as follows: CHAPTER 86: OPEN BURNING 86.01: PURPOSE. The ose of this subchapter is to establish permitted categories of _open burn events for residences and farms within the cit and provide fora permitting process for residential and agricultural open burning, except when the open burning is defined as a recreational fire as prescribed in this subchapter. 86.02: DEFINITIONS. For the purpose of this chapter, the followin indicates or requires a different meaning* definitions shall apply unless the context clearl FIRE CHIEF, POLICE CHIEF, FIRE MARSHAL, POLICE OFFICER, ASSISTANT FIRE MARSHALS, FIRE WARDEN. The Fire Chief, Police Chief, Fire Marshal, _Police nfflopr Accictant Fire March�l nr Fire warden of the Fire Denartment. which brovides fire protection services to the city. OPEN P URNING. The burnin matter if the resultant combustion products are emitted directl to the atmos here without assin� throu h a stack, duct or chimne exce t a recreational fire as defined herein. OPEN BURNING SITES shall not be located closer than 7 foot to anv c mrt»re RECREATIONAL FIRE. Afire set with approved starter fuel no more than three feet in height, contained within the border of a recreational fire site using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, Page 1 of 5 City of Corcoran County of Hennepin state of Minnesota October 25, 2018 neighbors, burning bans and air duality so that nuisance, health or safety hazards will not be created. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers. and DrODane or natural gas devices are not defined as RECREATIONAL FIRES, No more than one RECREATIONAL FIRE is allowed on an roperty at one time. RECREATIONAL FIRE SITE. An area of no more than a three foot diameter circle measured from the inside of the fire ring or border), completely surrounded by non- combustible and non -smoke or odor producing material, either of natural rock, cement, brick, file or blocks or ferrous metal only an which area is depressed below ground, on the ground, or on a raised bed. Included are permanent outdoor wood burning freplaces. Burning barrels are not a RECREATION FIRE SITE as defined herein. RECREATIONAL FIRE SITES shall not be located closer than 25 feet to any structure. STARTER FUELS. Dry, untreated, unpainted, kindling, branches, and cardboard or charcoal fIre starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start an oven burn. WOOD. Dry, clean fuel only such as twigs, branches, limbs, presto logs, charcoal, cordwood or untreated dimensional lumber. The term does not include wood that is green with leaves or needles, rotten, wet, oil soaked or treated with paint, _glue or preservatives. Clean pallets may be used for recreational fires when cut into three-foot lengths. 86.03: PROHIBITED MATERIALS. No person shall conduct, cause or permit open burning oils, petrol fuels, rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or blued wood composite shingles, tar paper, insulation, composition board, sheet rock, wiring, paint or paint fillers. No person shall conduct, cause or permit open burning of hazardous waste or salvage operations, open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition of commercial or institutional structures. No person shall conduct, cause or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food. 86.04: PURPOSES ALLOWED FOR OPEN BURNING. en burn permits may be issued only for the followin 1. Elimination of fire of health hazard that cannot be abated by _other practical means; 2. Ground thawing for utility repair and construction; Page 2 of 5 Cify of Corcoran County of Hennepin State of Minnesota October 25, 2018 Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights -of --way where_ chipping, compostin spreading or other alternative methods are not practical; 4. Disposal of diseased trees bee hives; and en%0/ %P/ on site, diseased or infected nursery stock, diseased Di sn�sal �f unpainted. untreated non -clued lumber and wood shakes generated from construction, where recyc in practical. reuse_ removal or other alternative disbosal methods are not Fire training permits can only be issued by the Minnesota Department of Natural Resources. 86.05: PERMIT REQUIRED FOR OPEN BURNING. No person shall start or allow any open burning on property in the city without first having obtained an open burn permit, except that a permit is not required for any -fire, which is a recreational fire. en burning is not permitted in commercial or industrial zones. Penal Subd. 1. A lication. Open burnin see § 10.99 ermits shall he obtained by making a City for review and processing. Fees. An open burnin; lication to the ermit shall require fee. Permit fees shall be set annuall b Cit Council resolution or ordinance. However, the Cit Council ma at other times amend its resolution or ordinance setting the fee, as it deems necessary. The fee established by City Council resolution or ordinance shall continue to be the required fee until amended by a resolution or ordinance. Process. Upon receipt of the completed open burningpermit application and permit fee, city staff may schedule a preliminary site inspection to locate the proposed burn site, note special conditions, and set dates and time of permitted burn and review fire safety considerations. Responsibility. Prior to s for confirming that no b or his or her competent representative shall constantly attend every open burn event. The urn open bing site shall have available, appropriate communication and fire suppression equipment as set out in the fire safety plan. in�an open burn, the ermit holder shall be responsible p zg ban or air quality alert is in effect. The permit holder The open burn fire shall be completely extinguished before the permit holder or his or her representative leaves the site. No fire may be allowed to smolder with no person present. It is the responsibility of the permit holder to have a valid permit, as required by this subchapter, available for inspection on the site by the Police Department, Fire Department, MPCA representative or DNR forest officer. Page 3 of 5 City of Corcoran County of Hennepin state of Minnesota The October 25, zu7 5 ermit holder is responsible for compliance and implementation of all eneral conditions, special conditions, and the burn event safety plan as established in the permit issued. The permit holder shall be responsible for all costs incurred as a result of the burn, including but not limited to fire suppression and administrative fees. Revocation. The open bul-n� ermit is subi ect to revocation at the discretion of any of the following: a" NR forest officer, the City Fire Chief, Ci Fire Marshal, an authorized Police Officer, oT an authorized Firefighter. Reasons for revocation include but are not limited to a fire hazard existing or developing during the course of the burn, any of the conditions of the pet-�nit being violated during the course of the burn, pollution or nuisance conditions developing during the course of the burn, or a fire smoldering with no flame present. Denial. If established criteria for the issuance of an open burnin during review of the application, it is determined that a Police Chief ermit are not met Tactical alternative method for disposal of the material exists, or a pollution or nuisance condition would result, or if a burn event safety plan cannot be drafted to the satisfaction of the Fire Chief, Police Chief, Fire Marshal, Police Officer, Fire Warden or Assistant Fire Marshals, these officers may deny the application for the open burn permit. 86.06: BURNING BAN OR AIR QUALITY ALERT. N� recreational fire or oven burn will be permitted when the city or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an Air Quality Alert. 86.07: RULES ADOPTED BY REFERENCE. The provisions of Minn. Stat. 9 88.16 to 88.22 and the Minnesota Uniform Fire Code are hereb adopted b reference and made a part of this subchapter as if full 86.08 PENALTY. set forth at this point. Failure to comply with any portion of this chapter constitutes a violation and shall be punishable �� a mi demeanor under the Minnesota State allowed therein. Statutes and unishable u to the maximum sentence Page 4 of 5 City of Corcoran County of Hennepin State of Minnesota October 25, 2018 SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. VOTING AYE ® Thomas, Ron ® Bottema, Jon ® Dejewski, Brian ® Keefe, Mike ® Schultz, Alan VOTING NAY ❑ Thomas, Ron ❑ Bottema, Jon ❑ Dejewski, Brian ❑ Keefe, Mike ❑ SchultzAl ,an Whereupon, said Resolution is hereby declared adopted on this 25t" day of October 2018. ATTEST: Ron Thomas -Mayor eise =City Clerk/Administrative Services Coordinator City Seal Page 5 of 5