Sec. 12-14. Controlled Burning
(a) Burning of debris and other inflammable materials, generally.
(1) Permit. It shall be unlawful for any person to burn trash, brush, tree limbs,
grass, trees, leaves, paper, boards, planks, lumber, or any other character of
debris or inflammable materials whatsoever in the city, except in an
incinerator or container which has been approved, in writing, by the fire
code official. An exception shall be considered by the fire code official on an
individual basis when and after the Texas Commission on Environmental
Quality (TCEQ) has issued, in writing, a permit to so burn debris and other
inflammable materials.
i. A copy of the TCEQ letter of determination or permission to conduct
a controlled burning must be presented to the fire code official or his
designee.
ii. The fire code official shall inspect the location of a controlled burn
and shall determine if the burn can be safely conducted before any
actual burning occurs.
iii. The fire code official may require the following, depending on
conditions found during the controlled burn site inspection:
a. A specified number of individuals be present with fire
extinguishing devices and appliances;
b. Fire breaks to be cut around the area to be burned;
c. A trench to be dug and any burning be conducted in the trench;
or
d. Any other requirements that the fire code official may deem
necessary to safely conduct the controlled burn.
(2) A controlled burn that the TCEQ has authorized and that has been approved
by the fire code official must meet criteria as outlined in the remainder of
this section.
(3) Burning shall be commenced when the wind will carry smoke and other
pollutants away from the city or any residential, recreational, commercial, or
industrial area, navigable water, public road, or landing strip which may be
affected by the smoke. Burning shall not be conducted when a shift in wind
direction is predicted which could produce adverse effects to persons,
animals, or property during the burning period. If at any time the burning
causes or may tend to cause smoke to blow onto or across a road or highway,
it is the responsibility of the person initiating the burn to post a flag person
on affected roads in accordance with the requirements of the Department of
Public Safety.
(4) Burning must be conducted downwind of, or at least three hundred (300)
feet from any structure located on adjacent properties unless prior written
approval is obtained from the adjacent occupant with possessorory control.
(5) Burning shall be conducted in compliance with the following meteorological
and timing considerations:
i. The initiation of burning shall commence no earlier than one hour
after sunrise. Burning shall be completed on the same day not later
than one hour before sunset, and shall be attended by a responsible
party at all times during the active burn phase when the fire is
progressing. In cases where residual fires and/or smoldering objects
continue to emit smoke after this time, such areas shall be
extinguished if the smoke from these areas has the potential to create
a nuisance or traffic hazard conditions. In no case shall the extent of
the burn area be allowed to increase after this time.
ii. Burning shall not be commenced when surface wind speed is
predicted to be less than six miles per hour (mph) (five knots) or
greater than 23 mph (20 knots) during the burn period. This
information can be obtained by contacting the Draughon-Miller
Central Texas Regional Airport or the National Weather Service.
(6) Per TCEQ Rules & Regulations, heavy oils, asphaltic materials, items
containing natural or synthetic rubber, or any material which may produce
an unreasonable amount of smoke must not be burned.
(7) An incinerator or container used for burning of any material mentioned in
this section (12-20) shall be located so that smoke will not become a
nuisance to occupants of surrounding building and such incinerator or
container shall not create a hazard to surrounding property. All incinerators
must meet any regulation set forth by the TCEQ.
(8) Any and all burning of debris and other inflammable materials will be
extinguished immediately if determined by the fire code official to be unsafe
or constituting a hazard to the environment or interferes with the reasonable
use of any properties.
(9) The fire code official is authorized to order the extinguishment by the permit
holder, another person responsible or the fire department of an open burning
that creates or adds to a hazardous or objectionable situation.
(b) Recreational Fires and Outside Fires for Domestic Purposes.
(1) Open burning in approved containers shall be allowed without a permit at
single-family homes, duplexes, and town homes, subject to the regulations
contained herein.
(2) Fires shall be limited to a maximum 3 feet diameter and 2 feet in height,
must be contained in a non-combustible chimenea, barbeque pit, outdoor
fireplace, fire pit, or other method approved by the fire code official.
(3) All openings in the container or fire pit must be covered with wire mesh or
other screening materials that will prevent the passage of sparks and ember.
(4) Fires must be kept at least 10 feet from any structure or combustible exterior
wall.
(5) Fires must be constantly attended.
(6) No such fire or container used for an open burning may be used on any
porch, deck, balcony, or other portion of a building; within any room space;
or under any building overhang.
(7) The burning of yard waste, leaves, brush, vines, evergreen needles, branches
smaller than 3 inches in diameter, untreated lumber, garbage, paper products,
or anything other than firewood as set forth herein is prohibited.
(8) The fire code official, police officer, or code enforcement officer may order
any open fire, or use of a chimenea, outdoor fireplace, or fire pit which
creates a nuisance to be extinguished.
(9) All chimineas must be extinguished by 1:00 a.m.
(c) Burning of garbage, petroleum products and motor vehicles prohibited. The
burning of garbage in any form, including petroleum products, automobiles, other motor
vehicles or any part thereof for wrecking or salvage purposes in or on any lot or other
premises within the city limits is hereby prohibited.
(d) Fire prohibited in streets, alleys and on or in public property. It shall be unlawful
for any person to light or have lighted any fire in or on any street, alley, thoroughfare, or
public property, except in designated areas or where authorized by the fire official.