The Vance County Board of Commissioners unanimously adopted an open burn ordinance as presented by County Fire Marshal Keith Duncan at their Monday night meeting.
The purpose of this ordinance is to promote the health, safety, and general welfare of the citizens of the County by regulating the air pollution and fire hazards associated with open and outdoor burnings.
This ordinance applies to all outdoor burning and open burning within the County, except as otherwise specifically provided. This ordinance does not apply to the following:
- Outdoor grilling or cooking food using charcoal, clean wood, propane or natural gas in cooking or grilling appliances;
- Burning for the purpose of generating heat in a stove, furnace, fireplace or other heating devices within a building used for human or animal habitation;
- The use of propane, acetylene, natural gas, gasoline, or kerosene in a device intended for heating construction or maintenance activities;
- Burning pursuant to or in accordance with a validly issued burning permit from a federal or state department or entity.
According to the ordinance, open burning of grass clippings, leaves, logs, brush, and stumps is allowed in the county in accordance with all of the following provisions so long as materials originate from the lot in which they are burned:
- Bonfires require a written permit to be issued by the Fire Marshal in accordance with the NC Fire Code and must be obtained prior to open burning under this section.
- Campfires shall not be conducted within 25 feet of a structure or combustible material.
- Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
- The location for allowed open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.
Exceptions to this include the following:
- Fires in approved containers shall not be less than 15 feet from a structure.
- Fires with a pile size of 3 feet or less in diameter and 2 feet or less in height shall not be less than 25 feet from a structure.
- Safety – All allowed open burnings shall be conducted in a safe, nuisance-free manner when wind and weather conditions minimize adverse effects and do not create a health hazard or visibility hazard on roadways, railroads, or airfields. Open burning shall be conducted in accordance with all local and state fire protection regulations.
- Supervision – All allowed open burnings shall be constantly attended and supervised by at least one (1) competent person of at least eighteen (18) years of age until the fire is extinguished. The competent person shall have readily available for use such fire extinguishing materials or equipment as may be necessary for the total control and extinguishing of the fire.
- Burn Ban – Except for barbecue, gas, and charcoal grills, no open burning shall be undertaken when the State has issued a burning ban for Vance County.
A person utilizing or maintaining an outdoor fire will be responsible for all fire suppression costs and any other liability from damage caused by the fire.
The Fire Marshal or his designee, or the Sheriff or his designee, are authorized to enforce this ordinance, inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance and order fires in violation of this ordinance to be extinguished.
Any person violating any of the provisions of this ordinance may be fined by a penalty or combination of penalties according to the severity of the offense.
The first violation shall result in a warning citation for a probation period of one year. The violator will be educated on the ordinance and given proper education materials for reference.
The second violation within a consecutive 12-month period shall result in a fine of $50.
The third violation, or any violation subsequent to the third violation, within a consecutive 12-month period, shall result in a mandatory fine of $500.
