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Burning (Open) Permits in City DD~-@uE ~<Æ~ MEMORANDUM April 15,2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Open Burning Permits Fire Chief Dan Brown is recommending a modification to the City's open burning restrictions. Currently open buming is severely limited and the Chief only issues permits for prairie grass burns. One exception was made for burning related to land clearing at the Fondell housing development on Roosevelt Road. The modification would confirm the ability to allow these types of burns on a very limited basis with a $500 permit. Further agricultural properties would be allowed to have an occasional bum if certain conditions and a no cost permit were obtained. I concur with the recommendation and respectfully request Mayor and City Council approval. . (VLJJ Lr~,¡¿J~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager E. Daniel Brown, Fire Chief Vi 8:;\11(: u...:\ £ I HdV tin CITY OF DUBUQUE, IOWA MEMORANDUM April 12,2004 TO: Michael C. Van Milligen, City Manager FROM: E. Daniel Brown, Fire Chief £:J)ß SUBJECT: Open Burning Permits Building Services Manager Rich Russell, Health Services Specialist Mary Rose Corigan, Fire Marshal Scott Neyens, and myself met today to discuss the additions of open burning permits for land clearing and agricultural property to the City Ordinance Section 19-34. Attached are the changes to the ordinance that are labeled (d) and (e). Also included are the application and requirements for these two permits. These permits will provide for the burning of growing form materials that originate on a property resulting from land clearance activities and the second permit will allow for vegetation and growing form wood that originates on a property that is zoned agricultural to be burned at two times during the year (spring & fall). The open burning permit for land clearing will have a $500.00 fee and the permit for agricultural land will have no fee required. I am recommending that the ordinance change and the permit requirements be adopted. Attachments EDB/jl ., Preparer: Barry A. Lindahl Address: Suite 330 Harbor View Place 300 Main Street Dubuque IA 52001 Telephone: 15631583-4113 ORDINANCE NO. 30-04 AMENDING SECTION 19-34 PERMITS REQUIRED OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING THERETO NEW SUBPARAGRAPH (d) REQUIRING A PERMIT FOR OPEN BURNING OF LAND CLEARANCE MATERIALS AND NEW SUBPARAGRAPH (e) REQUIRING A PERMIT FOR OPEN BURNING ON AGRICULTURAL PROPERTY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 19-34 Permits Required of the City of Dubuque Code of Ordinances is amended by adding thereto the following new subparagraphs (d) and (e): Sec. 13:94: Permits Required **** (d) Open Burning of Land Clearance Materials: No person shall burn materials resulting from land clearance activities without first obtaining a permit from the Chief of the Fire Department. (e) Open Burning on Agricultural Property: No person shall on property zoned agricultural burn vegetation or growing form wood originating on the property without first obtaining a permit from the Chief of the Fire Department. Passed, approved and adopted this 19th day of April, .2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Effect of Ordinance Sec. 19-34. Permits Required: (a) Blasting: No person shall engage in any activity involving blasting with explosives within the City without first obtaining a permit from the Chief of the Fire Department. (b) Fireworks And Pyrotechnics: No person shall engage in any activity involving the use or display of fireworks or pyrotechnics without first obtaining a permit from the Chief of the Fire Department. (c) Bonfire: No person shall light and/or conduct a bonfire without first obtaining a permit from the Chief of the Fire Department. Id) Open Burnina of Land Clearance Materials: No person shall burn materials resultina from land clearance activities without first obtainina a permit from the Chief of the Fire Department. Ie) Open Burnina on Aaricultural Property: No person shall on property zoned aaricultural burn veaetation or arowina form wood oriainatina on the property without first obtainina a permit from the Chief of the Fire Department. Agricultural Land Open Burning Permit Application and Requirements Definition: A controlled fire for the purpose of disposing growing form material that originated on agricultural zoned property. Open BurninG Permit Applicants shall comply with the followinG requirements before a permit may be issued. 1. 2. 3. 4. 5. Only growing form wood or brush may be burned. Burning shall be only done on clear days with calm winds from sunrise to sunset. No processed wood, building materials, or rubbish shall be burned. Burning will be allowed twice a year in the spring and the fall. Burning shall be in accordance with Section 307 of the 2003 International Fire Code. Applications shaff include the followinG information: 1. 2. 3. 4. Name of landowner/tenant. Address. Location of burn. Phone number. Permit Fee: None required Special Conditions: Fire may be extinguished at any time the Fire Department deems necessary due to a hazardous condition that creates a fire danger. Weather and atmospheric conditions may be a factor. Land Clearing Open Burning Permit Application and Requirements Definition: The purpose of this permit is for the removal of large amounts of natural vegetation or growing form wood as the result of land clearing activities for the purpose of land development or remote land maintenance. Applicants for a Land ClearinG Open BurninG Permit shall comply with the followinG requirements before a permit may be issued. 1. Fire location shall be a minimum distance of Yo mile (1320 feet) from the nearest inhabitable structure of neighboring property and a minimum of 50 feet clearance from any structure on the property of which the fire is located. Permission of a building owner/tenant closer than Yo mile (1320 feet) shall be obtained in writing on a form provided by the Fire Marshal's office and shall be submitted with the permit application. Fire shall be located in an enclosed pit, trench or manufactured equivalent and shall be connected to an approved mechanical blower or equivalent to enhance the combustion process. Burning shall be conducted during the hours of sunrise to sunset on calm clear days. Burning may be suspended by the Fire Marshal's office for air quality concerns, inappropriate weather or atmospheric conditions or other hazardous conditions. A burn ban as declared by the Iowa State Fire Marshal will cause the permit to be suspended until such burn ban would be lifted. The burning site shall be constantly attended and the fire shall be allowed time to burn out prior to sunset. Only natural vegetation or growing form wood originated from the affected property shall be burned. The burning of any construction materials, tires or other garbage or waste is strictly prohibited. Application shall contain a site plan showing the propose fire location and distances to structures located on the property. The Fire Marshal's office shall make a site visit prior to the issuance of the permit and shall monitor the progress until burning is complete. Application shall be submitted by the property owner or their representative. Permit may be issued for up to 30 days as determined by the Fire Marshal's Office. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Applications shaff include the followinG information: 1. 2. 3. 4. 5. Name of person or company doing the burn Address. Name of landowner if different from above. Location of burn. Phone number Permit Fee: $500.00 Special Conditions: Fire may be extinguished at any time the Fire Department deems necessary due to a hazardous condition that creates a fire danger. Weather and atmospheric conditions may be a factor.