Section 307.4.2 shall read: 307.4.2 Recreational Fires. Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material unless otherwise specified below. Conditions which could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition. The following recreational fires shall not require a permit pursuant to 105.6, however, shall be subject to an immediate extinguishment order by the fire code official upon a substantiated complaint regarding smoke, ash, or noxious conditions infringing on adjacent properties:.

A recreational wood burning unit or recreational fire burn ring, not to exceed three feet in diameter that shall not be used to burn refuse and shall only burn clean wood.

Charcoal cookers, braziers, hibachis, grills, or gas-fired stoves and similar semi-enclosed devices for the preparation of food on the premises of a one-family detached dwelling. Charcoal cookers, braziers, hibachis, grills or any gasoline or other flammable liquid and liquefied petroleum gas-fired stoves and similar devices maintained solely for the preparation of food on the ground level of any apartment building, townhouse, condominium, or similar occupancy, and are not less than eight feet from every part of the building, including any portion of any balcony, overhang, or protrusion therefrom. It shall be unlawful to use the above-listed devices on balconies above ground level in any apartment building, townhouse, condominium or similar occupancy.

Patio wood-burning units such as chimneas, patio warmers, or other portable wood-burning devices used for outdoor recreation and/or heating, in connection with the use of a one-family detached dwelling, provided that: The unit shall not be used to burn refuse; and the unit shall burn only clean wood; and the unit shall be freestanding, supported off the ground/patio, and located at least 15 feet from the nearest building or overhang; and the unit shall not cause a nuisance to neighbors.

Fires confined to a fireplace of a completely enclosed building.

Any similar fire device as already permitted by an Outdoor Business Permit pursuant to the City of Saline Code of Ordinances.

Section 307.4.3 shall read: 307.4.3 Portable Outdoor Fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material. The operation of a portable outdoor fireplace shall not require a permit pursuant to Section 105.6 so long as the provisions of Section 307.4.3 are met.

Section 307.5 shall read: 307.5 Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended by a responsible person 16 years of age or older from the time the fire is ignited until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.

Saline Township

Washtenaw County, Michigan

Ordinance No. 2008-01

[An ordinance to replace any prior existing Burn Ordinances within Saline Township, with an ordinance to regulate outdoor fires and to provide penalties and remedies for violations.]

THE TOWNSHIP OF SALINE, WASHTENAW COUNTY, MICHIGAN, ORDAINS:

Section 1: Short Title

This ordinance shall be known and cited as the “The Saline Township Burn Ordinance.”

Section 2: Purpose

1. No person shall kindle or maintain a bonfire, brush fire, rubbish fire, or any other outdoor fire within the Township of Saline or authorize, permit, or allow any such fire to be kindled or maintained without first obtaining a burn permit from the Saline Area Fire Department.
2. No person shall kindle or maintain a rubbish fire or other fire for the burning of rubbish or other materials not authorize, permit or allow any such fire to be kindled or maintained whether or not a burn permit has been obtained.

Section 3: Burn Permits

Burn Permits are obtained from the Dispatcher of the Saline Area Fire Department either in person, by writing, or by telephone. Burn Permits will be issued for non-hazardous fires upon meeting the following conditions:

1. The receipt of the following information by the Saline Area Fire Department:
   • Name, address, and telephone number of the person requesting the permit.
   • The type, source and amount of material to be burned.
   • The exact location where the burning will take place.
   • The dates and times that the burning will take place, including the duration of the burning.
2. Burning permits will expire at 8:00 a.m. the next morning following the date for which the burn permit is issued.
3. Approval is obtained from the Department of Natural Resources when required by law.
4. Should any false information be provided to the Saline Area Fire Department or should the fire vary from the information provided any permit granted shall be void.

Section 4: Hazardous Fires

Burn Permits will not be issued when the proposed fire is determined to be hazardous due to the material to be burned (e.g. tires) or the weather conditions (e.g. drought, wind).

Section 5: Excepted Fires

Nothing in this ordinance shall prohibit the kindling or maintaining of:

1. A charcoal fire or other small fire for outdoor cooking, ceremonials, and the like.
2. The burning in a single burn barrel of rubbish generated on site.

Section 6: Landlord’s Duty to Specify Responsibility for Obtaining Burn Permits

It shall be the duty of every landlord leasing residential or commercial property, when he or she does not live on the property, to specify in the lease agreement between the landlord and the tenant, the responsibility for the tenant to obtain a Burn Permit when necessary and the liability of the tenant to the landlord for any costs incurred by the landlord due to the tenant’s failure to obtain a permit.

Section 7: Issuance of Citations

Any Michigan State Police or member of the Saline Area Fire Department is authorized to issue citations as an “authorized local official” pursuant to MCL 600.8707.

Section 8: Penalties and Remedies for Violations

1. Any person who violates this ordinance is responsible for a municipal civil infraction and shall be fined according to the following schedule:
   1. First Offense: $50
   2. Second Offense: $150
   3. Third Offense: $250
   4. Fourth Offense: $350
   5. Fifth Offense: $450
   6. Sixth or greater Offense: $500
2. Additionally, each person who violates this ordinance shall be summarily taxed the costs of the action, both direct and indirect, including the cost of the Saline Area Fire Department’s response to the fire. Except as otherwise provided by law, costs shall be payable to the general fund of Saline Township.
3. The remedies provided to Saline Township by this ordinance shall not be exclusive.

Section 9: Severability

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate provision and such holding shall not affect the validity of the remaining portions.

Section 10: Publication and Effective Date

This ordinance shall be published once in a newspaper having general circulation in Saline Township and shall take effect 30 days after the first publication of the ordinance.

Adopted: May 12, 2008

Published: May 22, 2008

Effective Date: June 21, 2008

CHARTER TOWNSHIP OF YORK

WASHTENAW COUNTY, MICHIGAN

ORDINANCE NO. 110

OPEN BURNING

EFFECTIVE DATE: March 23, 2006

AN ORDINANCE TO REGULATE AND CONTROL THE BURNING OF WASTE MATERIALS, GARBAGE, REFUSE, RUBBISH, LEAVES, PAPER AND OTHER COMBUSTIBLE DEBRIS IN THE CHARTER TOWNSHIP OF YORK AND TO PROVIDE A PENALTY FOR VIOLATION THEREOF AND ITS ENFORCEMENT.

THE CHARTER TOWNSHIP OF YORK, WASHTENAW COUNTY, MICHIGAN, HEREBY

ORDAINS:

SECTION 1 SHORT TITLE

This Ordinance shall be known and cited as the Charter Township of York Open Burning Ordinance.

SECTION 2 PURPOSE

The fundamental purpose of this Ordinance is to promote the health, safety and general welfare of the residents and property owners of the Charter Township of York; to limit and restrict the outdoor open burning of garbage, refuse and rubbish which may cause foul odors within the boundaries of the Township; to prohibit all open burning upon public rights of way, and public property; to regulate and restrict open burning so as to avoid conditions that may be hazardous to life and property and to prevent ill effects upon adjoining residents and property owners caused by smoke, odors, ash, and other byproducts of the uncontrolled burning of garbage, refuse, rubbish, and other materials and debris.

SECTION 3 DEFINITION

For the purpose of this Ordinance the following terms shall have the following meanings:

(a) PERSON is any person, firm, partnership, association, corporation, company or organization of any kind.

(b) GARBAGE is food waste including animal, fruit and vegetable wastes or materials used in cooking, serving or storing of food.

(c) REFUSE is all solid waste including garbage and rubbish.

(d) RUBBISH is solid wastes consisting of both combustible and non-combustible wastes, such as metal, plastics, glass, bedding, building materials, tires, synthetics and other similar materials.

(e) BURNING CONTAINER is a fireproof masonry or metal container covered by mesh screen spark and ash arrester with an opening not larger than 3/4 of an inch in diameter or 3/4 of an inch in length and width.

SECTION 4 PROHIBITED OPEN BURNING

No person shall permit or cause the open burning of any substance which releases toxic emissions including, by way of example and not as a limitation, the burning of tires, paint and paint products, motor oil, plastics, carpet or foam. Except as otherwise specifically permitted herein, no person shall permit or cause the burning of garbage, animal carcasses, refuse, trash, rubbish or other like material that emits foul odors, at any time.

SECTION 5 PAPER AND WOOD PRODUCTS

Paper, cardboard and wood products may be burned within a burning container provided:

(a) All burned paper, cardboard and wood products shall be free of garbage, rubbish or refuse materials.

(b) The burning container shall be located at a safe distance from any structure, not less than 15 feet from a neighboring house or structure, and not less than 5 feet from any boundary line.

(c) The burning shall at all times be attended and supervised to ensure that the fire is controlled;

(d) Determination by Fire Official. The fire official may prohibit any or all container fires when atmospheric conditions or local circumstances make such fires hazardous or whenever such fires are (or could be) offensive or objectionable due to smoke or odor emissions. The fire official shall order the extinguishment, by the land holder or the fire department, of any container fire which creates a nuisance or which either creates or adds to a hazardous or objectionable situation.

SECTION 6 LEAVES, YARD CLIPPINGS, WOOD LOT MANAGEMENT PERMIT

REQUIRED

For domestic purposed only, the open burning of leaves, yard clippings, wood lot management, and bonfires may be permitted subject to the following provisions:

(a) Application shall be made and a permit obtained in accordance with procedures and the payment of any permit fees as may be established by Township Board resolution.

(b) The location of open burning in accordance with a permit issued under this section shall be located a safe distance from any structures and combustibles, and shall be so located so as not to be a nuisance to an adjacent property owner.

(c) Open burning shall at all times be attended and supervised to ensure that the fire is controlled;

(d) There shall be no burning allowed in or on any public road right-of-way or on any paved surface.

(e) Determination by Fire Official. The fire official may prohibit any or all open fires when atmospheric conditions or local circumstances make such fires hazardous or

(f) whenever such fires are (or could be) offensive or objectionable due to smoke or odor emissions. The fire official shall order the extinguishment, by the land holder or the fire department, of any open fire which creates a nuisance or which either creates or adds to a hazardous or objectionable situation.

The open burning for any commercial, industrial, or business purpose of any leaves, yard clippings, wood lot management, yard waste, bonfires, and the burning of wastes related to landscape and lawn care businesses is strictly prohibited.

SECTION 7 EXCEPTIONS

The following are not circumstances of open burning as regulated under this Ordinance and shall be exceptions from the requirements herein:

(a) Open burning shall not include the burning and/or use of candles, lanterns, lamps, bug repellent torches, fireplaces, cigarettes, cigars, pipes, charcoal cookers, braziers, hibachis, barbecue grills or any flammable liquid or liquified gas fire stoves or similar devices maintained and used solely for the preparation of food on the premises of the owner or occupant.

(b) Open burning shall not include controlled fires caused and maintained for training of fire fighters by local fire department.

(c) Camp fire.

SECTION 8 BURNING HOURS

No outdoor burning or fires shall be permitted within the boundaries of the Township except between the hours of 8:00 a.m. and 8:00 p.m.

SECTION 9 APPROVALS AND VARIATIONS

In the event that the regulations and prohibitions set out in this Ordinance create special or peculiar undue hardships because of unforeseen circumstances, locations, or conditions, the Fire Department, or duly authorized representative, is hereby given authority to grant written permission to an applicant to set or start a specific fire or engage in burning contrary to the provisions hereof provided that no adjoining property owner is adversely affected thereby and the spirit and purpose of this Ordinance is substantially observed.

SECTION 10 VIOLATIONS DECLARED A NUISANCE

Any setting or starting of a fire or burning activity contrary to the provisions of this Ordinance shall constitute a violation of this ordinance subject to the fines and penalties provided for herein, and such unauthorized fires are hereby declared to be a public nuisance which may be enjoined or which may subject the violator to civil damages.

SECTION 11 CONSTRUCTION

The requirements of this Ordinance shall be in addition to any other laws, ordinances and regulations of the Charter Township of York, Washtenaw County and State of Michigan.

SECTION 12 SEVERABILITY

The provisions of this Ordinance are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any Court of competent jurisdiction, it shall not affect any portion of the Ordinance other than said part or portion thereof.

SECTION 13 PENALTY

The owner and/or any person who violates the provisions of this Ordinance, or knowingly permits a violation hereof is responsible for a Municipal Civil Infraction. For any general violation of the terms of this Ordinance the following schedule of fines shall apply:

• Fifty ($50.00) dollars for any first offense, plus costs;
• One hundred ($100.00) dollars for a first repeat offense, plus costs;
• Two hundred and fifty ($250.00) dollars for a second repeat offense, plus costs; and
• Five hundred ($500.00) dollars for any third or subsequent repeat offenses, plus costs.

In addition to the penalties provided for herein, any person who violates or fails to comply with any provision of this Ordinance or who sets an open fire which necessitates an emergency response by a fire department shall pay to the Township all costs an charges incurred by the Township by reason of such response from the fire department, and the Township may sue in any court of competent jurisdiction for civil damages and may recover all such costs and expenses incurred from any person who caused or permitted such open burning.

SECTION 14 DEMOLITION/PRACTICE BURN PERMIT REQUIREMENS

The controlled burning of a structure is permitted only in accordance with this Section. If a controlled burn is conducted by a fire department for the purpose of practice and training of firefighters, any required permit fee, if any, shall be waived. The following requirements shall apply to the burning of any structure or part thereof.

(a) The owner of the property must apply for and obtain the Demolition/Burn Permit in accordance with standards and procedures as may be established by resolution of the Township Board. A representative of the owner may apply if determined to be a proper agent of the owner with authority to permit destruction of the structure, and there is a

notarized letter from owner authorizing such destruction.

(b) The house shall not be a historical building.

(c) There must be verification that all utilities have been disconnected-verification must come from the appropriate utility company involved-water, sewer, electric, gas and any other utility that may apply.

(d) Proof that there is not a current insurance policy covering the property.

(e) Upon completion of the burn, all foundations and basements shall be completely removed the from property, properly disposed and not buried on the property.

(f) All septic vaults shall be emptied of any contents, broken open and filled with sand.

(g) Any open well must be sealed and grouted as per county specifications.

(h) Basement hole must be properly filled, and compacted using acceptable fill.

(i) Site must be kept safe and secure after the burn and during the clean up process.

(j) A permit issued under this Section must be approved by the Zoning Administrator.

(k) No burn shall be commenced nor permit issued under this Section until the owner presents evidence that an asbestos inspection has been performed in conjunction with the request for permit, or immediately preceding the request, and that all asbestos has been successfully removed from the property and structures to be burned.

Any permit issued under this Section may include a requirement that a bond, letter of credit or cash deposit sufficient to secure performance of all relevant requirements of this Section be posted and deposed with the Township. Any security required under this Section shall be in a form and amount as approved by the Township.

SECTION 15 ADMINISTRATION AND ENFORCEMENT

The provisions of this Ordinance shall be administered and enforced by the Chief of the local Fire Department, or by such members of his department as he may delegate to enforce this Ordinance, by a local fire marshal, local law enforcement, and the zoning or building official for York Charter Township.

SECTION 16 EFFECTIVE DATE

This Ordinance shall take effect after the publication thereof. All ordinances in conflict are hereby repealed.

ADOPTED: March 14, 2006

PUBLISHED: March 23, 2006

EFFECTIVE: March 23, 2006

Lodi-Township-Burn-Ordinance [PDF]