Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia, by Amending and Reenacting Chapter 14, Fire Prevention and Protection, Article I, In General, Section 14-11, Open Burning Prohibited; Exceptions to Incorporate Definitions and Interpretation to this Section, and to Amend the Open Burning Exceptions
Purpose
PURPOSE/BACKGROUND:
To Amend and Reenact Chapter 14, Article I, Section 14-11 of the City Code to Incorporate Definitions and Interpretation and to Amend the Open Burning Exceptions.
Recommendation:
Rec
We recommend Council amend and reenact Chapter 14, Article I, Section 14-11 of the City Code.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Section 14-11, Article I, Chapter 14 of the City Code of the City of Hampton, Virginia be amended to read as follows:
Chapter 14 - FIRE PREVENTION AND PROTECTION
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ARTICLE I. - IN GENERAL
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Sec. 14-11. - Open burning prohibited; exceptions.
(a) Definitions: the following local amendments to definitions in the Virginia Uniform Statewide Fire Prevention Code apply to this section:
(1) Open Burning means the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. A chamber shall be regarded as enclosed when during the time combustion occurs; only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. Open burning does not include road flares, smudge pots, or similar devices associated with safety or occupational uses. Open burning includes but is not limited to the following types of fires: recreational fires; bonfires; fires involving chimineas and outdoor fireplaces; barrel burning; silvicultural, range, or wildlife management practices; prevention and control of disease or pests; and land clearing operations.
(2) Land Clearing Operation means the clearing or removal of a populated wooded or forest area for land improvement, development, or other approved purpose.
(3) Brush means shrubs and stands of short scrubby and tree species that do not reach merchantable size. Brush shall also mean limbs, branches, and pruning no larger than 5 inches in diameter or 5 feet in length.
(b) Interpretation: this Section constitutes the City of Hampton’s local amendment to Section 307 of the Virginia Statewide Fire Prevention Code only as specified herein. All other provisions of Section 307 are in effect and should be read harmoniously with this local amendment.
(c) Except as otherwise provided in this section, open burning is prohibited. Salvage, demolition operations, or disposal of waste materials by burning is prohibited.
(d) Exceptions.
(1) Open burning is permitted in the performance of official duties by the fire code official or their designee when necessary for any of the following purposes:
a. For the abatement of a fire hazard that cannot be abated by other means;
b. For training in firefighting or for research in control of fires under supervision of the fire code official or their designee;
c. In emergency or other extraordinary circumstances when open burning is determined by the fire code official to be in the public interest.
(2) Recreational Fires are permitted and shall not exceed a fuel area of three feet by two feet unless a permit has been obtained.
(3) Barrel burning is prohibited unless a permit is obtained from the fire code official. Permitted barrel burning shall comply with all permit conditions and procedures approved by the fire code official and the department of environmental quality (air division), and shall be immediately terminated upon revocation of such permit.
(4) Land clearing operations, controlled force-air pit burning of brush, leaves, and trees; silvicultural, range, or wildlife management practices; or prevention and control of disease or pests, conducted under authority of a permit issued by the fire code official or their designee are permitted; provided that such burning shall be in conformance with procedures approved by the fire code official and the department of environmental quality (air division), and shall be immediately terminated upon revocation of such permit. Compliance with the provisions of this subsection shall not exempt any person from any damages or liability that may result from such open burning, nor exempt any person from adherence to all applicable laws, ordinances and regulations, and orders of the fire code official and the state forester.
(e) The fire code official may prohibit open burning, otherwise lawful, when smoke may cause reduced visibility on any highway; or when open burning may constitute a hazard to life, health, or property. The fire code official may order the extinguishing by the permit holder or other responsible person, or by the fire department, of any fire for which a required permit for open burning has not been obtained, or that creates or adds to a hazardous situation or public nuisance. If the fire code official orders that a fire be extinguished, it shall not be rekindled for 24 hours, or as specified by the fire code official, whichever is longer.
(f) Failure to comply with an order of the fire code official issued under the authority of this Section shall constitute a Class 1 misdemeanor.