§ 30-42. Permits and fees; required; exceptions.

(a)

No person shall kindle or maintain any fire or authorize any such fire to be kindled or maintained without a permit or other proper authorization.

(1)

Burning of leaves: no permit/no fee. This shall be allowed for the reduction of leaves on the premises on which they fall by the person in control of the premises.

(2)

Agricultural fires. This shall be allowed for the carrying out of recognized agricultural procedures necessary for production or harvesting of crops.

(3)

Forest lands. The burning over of any forest land by the owners of such land shall be allowed.

(4)

Recreational/cooking fires: no permit/no fee. This shall be allowed for recreational purposes or cooking food for immediate human consumption, e.g., campfires and barbecues.

(5)

Firefighter training fires: no permit/no fee. Fires set for the purposes of training firefighting personnel should comply with the following:

a.

Structures should be stripped of asphaltic materials whenever possible, i.e., tile flooring and shingles.

b.

Any asbestos containing materials should be removed in accordance with the Environmental Protection Division's regulations governing asbestos.

c.

Structures should be emptied of any material in storage that may contain heavy oils, natural or synthetic rubber, furniture, appliances or other solid waste.

d.

Weather conditions should be such that smoke and ash will not linger in the area or the same do not blow into residential, shopping, educational, or hospital areas.

e.

Residuals from the suppression and containment efforts are not allowed to run off into bodies of water, i.e., streams, ponds, swimming pools, etc.

f.

Training should be conducted no earlier than 9:00 a.m., and concluded by 4:00 p.m., (fall and winter) or 6:00 p.m. (spring and summer).

g.

The person in charge of such firefighting training should make a thorough investigation of the proposed situation and prevailing circumstances before commencing any such burning and respond responsibly as needed. The person in charge of such firefighting training should obtain a release and consent to conduct such training from the owners of the property.

(6)

Open flamemaking equipment. Operation of devices using open flames such as asphalt kettles, blow torches, welding torches, portable heaters and other flamemaking equipment shall be allowed.

(7)

Miscellaneous small fires: no permit/no fee. Setting and maintaining by contractors and tradesmen of miscellaneous small fires necessary for such activities as street paving work, or installation or repair of utilities shall be allowed, provided that such fires are kept small in size. Smoke emissions shall not exceed 40 percent opacity.

(8)

Bonfires: permit required. No person shall kindle or maintain any bonfire or authorize any such fire to be kindled or maintained on any private or public land unless the location is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading within 50 feet of any structure, or the fire is contained in an approved wasteburner located not less than 15 feet from any structure. Bonfires shall be constantly attended by a competent person until such fire is extinguished. Such person shall have a garden hose connected to a water supply, or other fire extinguishing equipment readily available for use. (Note: No flammable or combustible liquids shall be used to start this type of fire. Only paper, cardboard or kindling shall be used to start bonfires.)

(9)

Warming fires: no permit/no fee. Warming fires shall be contained within a metal barrel of 55 gallon capacity or less. Untreated wood or lumber shall be the only material or substance permitted to be burned. The container for the warming fire shall be not less than 25 feet from any structure. No on ground warming fires are permitted. (Note: For warming fires, the temperature shall be at 50 degrees Fahrenheit or less.)

(10)

Land clearing: permit and fee assessment. The applicant shall complete the burning permit application issued by the Fulton County Fire Department, Fire Prevention Division. The applicant shall submit a plat or site plan showing the proposed location of the pit and information relating to the proximity of any occupied or unoccupied structure.

a.

The application, if approved, shall be accompanied by payment of a fee in an amount as fixed from time to time by the board of commissioners. Said check shall be made payable to Fulton County. No burning shall commence prior to an inspection of the site and the pit by a representative of the Fulton County Fire Department.

b.

Said permit shall be valid for the duration of the open burning, but in any event shall not be valid beyond two months from the date of issue.

(b)

All required permits shall be obtained from the Fulton County Fire Prevention Division.

(94-RC-007, § 1, 1-6-94; Res. No. 11-0075, 1-19-11)