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December 22, 2011
CITY OF ROMULUS
ORDINANCE NO. 11-355
AN ORDINANCE TO AMEND CHAPTER 12 OF THE CITY OF ROMULUS
CODE OF ORDINANCES, BY WAY OF ADDITION OF A NEWARTICLE VIII,
"OUTDOOR AND OPEN BURNING", PROVIDING FOR THE
REGULATION OF OUTDOOR AND OPEN BURNING, SO AS TO MINIMIZE
AIR POLLUTION AND FIRE HAZARDS POSED BY THE SAME.
THE CITY OF ROMULUS, WAYNE COUNTY, MICHIGAN, HEREBY ORDAINS:
THE CODE OF ORDINANCES OF THE CITYOF ROMULUS, MICHIGAN, CHAP-
TER 12, FIRE PREVENTION AND PROTECTION, IS HEREBY AMENDED BY
WAY OF ADDITION OF THE FOLLOWINGARTICLE VIII:
ARTICLE VIII. OUTDOOR AND OPEN BURNING
Sec. 12-171. Purpose.
This ordinance is intended to promote the public health, safety, and welfare and to
safeguard the health, comfort, living conditions, safety, and welfare of the citizens and
guests of the City of Romulus by regulating outdoor and open burning so as to minimize air
pollution and fire hazards posed by the same.
Sec. 12-172. Applicability.
This ordinance applies to all outdoor burning and open burning within the City
of Romulus. Unless otherwise specified herein, this ordinance does not apply to the fol-
lowing:
(a)
Grilling or cooking food using charcoal, wood, propane, or natural gas in
cooking or grilling appliances,
(b)
Burning for the purpose of generating heat in a stove, furnace, fireplace, or
other heating device within a building used for human or animal habitation,
or
(c)
The use of propane, acetylene, natural gas, gasoline, or kerosene in a device
intended for heating, construction, or maintenance activities.
Sec. 12-173. Severability.
Should any portion of this ordinance be declared unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this ordinance shall not be affected.
Sec. 12-174. Definitions.
The following words or phrases, as used in this Article VIII, shall have the following
meanings:
(a)
"Agricultural burning" shall mean open burning of weeds, brush, and/or crop
stubble on agricultural and/or farming lands. Agricultural burning is a form
of "open burning," as defined herein.
(b)
"Bonfire" shall mean an outdoor burning put on by a recognized community,
educational, or religious organization for a specified ceremonial purpose.
(c)
"Campfire" shall mean a small outdoor fire intended for recreation or
cooking but not including a fire intended for disposal of waste wood or
refuse.
(d)
"Clean wood" shall mean natural wood which has not been painted,
varnished, or coated with a similar material; has not been pressure treated
with preservatives; and does not contain resins or glues as in plywood or
other composite wood products.
(e)
"Construction and demolition waste" shall mean building waste materials,
including but not limited to waste shingles, insulation, lumber, treated wood,
painted wood, wiring, plastics, packaging, and rubble that results from
construction, remodeling, repair, and demolition operations on a house,
commercial, or industrial building, or other structure.
(f)
"Green wood" shall mean trees or brush that is freshly cut and has not had
time to "season" or dry out and which tends to cause significant smoke that
is a nuisance to others.
(g)
"Fire Chief" shall mean the Chief of the City of Romulus Fire Department or
other person designated by the Fire Chief.
(h)
"Municipality" shall mean a county, township, city, or village.
(i)
"Open burning" shall mean kindling or maintaining a fire where the products
of combustion are emitted directly into the ambient air without passing
through a stack or a chimney. This includes, but is not limited to, burning in
a burn barrel.
(j)
"Outdoor burning" shall mean open burning or burning in an outdoor
wood-fired furnace or patio wood-burning unit.
(k)
"Outdoor wood-fired furnace" shall mean a wood-fired furnace, stove, or
boiler that is not located within a building intended for habitation by humans
or domestic animals.
(l)
"Patio wood-burning unit" shall mean a chimney, patio warmer, or other
enclosed, portable wood-burning device used for outdoor recreation and/or
heating.
(m)
"Permit" shall mean a written permit obtained after proper application to and
approval from the City of Romulus Fire Department and after meeting all
requirements set forth by the Fire Department and payment of all applicable
fees.
(n)
"Recreational fire pit" shall mean a man-made enclosure above or below
grade no larger than 3' (feet) in diameter and no more than 18" (inches) in
depth.
(o)
"Refuse" shall mean any waste material except trees, logs, brush, stumps,
leaves, grass clippings, or other vegetative matter, newspaper, cardboard, or
similar paper products.
Sec. 12-175. General Prohibition on Outdoor Burning and Open Burning.
Unless specifically permitted by this ordinance, open burning and outdoor burning are
hereby prohibited within the City of Romulus.
Sec. 12-176. Prohibition of Open Burning of Refuse.
Open burning of refuse is prohibited within the City of Romulus.
Sec. 12-177. Prohibition of Open Burning of Trees, Brush, Stumps, Leaves, and Grass
Clippings.
Open burning of trees, brush, stumps, leaves, and grass clippings is prohibited within
the City of Romulus. Provided that all other requirements of this Article are met, open burn-
ing of logs, sticks, and branches shall be permitted.
Sec. 12-178. Agricultural Burning.
Agricultural burning is allowed upon prior application and prior approval of a
permit from the City of Romulus Fire Department and if otherwise conducted in accordance
with the provisions of this section and other applicable provisions of this ordinance:
(a)
Such agricultural burning shall be conducted only between the hours of
8:00AM and 4:00PM, Monday - Saturday only. Prior notification shall be
provided to the Romulus Police / Fire Dispatch center at (734) 941-8400.
(b)
Such agricultural burning shall be conducted not less than 500 feet from the
nearest structure.
(c)
Approval of a permit for such agricultural burning may also be dependent
upon weather conditions and other factors deemed relevant by the Fire Chief
or his designee.
Sec. 12-179. Outdoor Wood-Fired Furnaces.
An outdoor wood-fired furnace may be installed and used in the City of Romulus only
in accordance with all of the following provisions:
(d)
The outdoor wood-fired furnace may be installed and used only in an area
used for agricultural purposes; provided that an outdoor wood-fired furnace
may be used in an area not used for agricultural purposes only if it provides
the primary means of heating a household,
(e)
The outdoor wood-fired furnace shall not be used to burn refuse,
(f)
The outdoor wood-fired furnace shall be located at least 300 feet from the
nearest building which is not on the same property as the outdoor wood-fired
furnace, or as depicted within the operating guidelines from the
manufacturer, and
(g)
The outdoor wood-fired furnace shall have a chimney that extends at least as
high as 2 feet above the peak of the roofs of the adjacent structure and all
neighboring structures on the same property, as well as neighboring
properties, or as depicted within the operating guidelines from the
manufacturer.
Sec. 12-180. Patio Wood-Burning Units.
A patio wood-burning unit may be installed and used in the City of Romulus only in
accordance with all of the following provisions:
(a)
The patio wood-burning unit shall not be used to burn refuse or yard waste,
(b)
The patio wood-burning unit shall burn only clean wood,
(c)
The patio wood-burning unit shall be located at least 25 feet from any
structure or lot line, or as depicted within the operating guidelines from the
manufacturer.
(h)
The patio wood-burning unit shall not cause a nuisance by way of
unreasonable light, heat, smoke, odor, or other manner,
(e)
The patio wood-burning unit shall not be used on any combustible surface,
including, though not limited to, a wood, composite, or plastic deck,
(f)
The patio wood-burning unit must be enclosed, by ¼" (inch) metallic mesh
ing or otherwise, so as to ensure that burning materials are contained within
the unit.
(g)
The fire shall be attended to at all times by an adult over the age of 18 who
must also be a resident of that property,
(a)
There shall be at least one suitable of means of fire extinguishment available
near the fire. These can include a 40bc rated fire extinguisher, a garden hose
hooked up to a water supply ready for use (not frozen or otherwise
obstructed), or dirt / sand and shovels,
(b)
The fire shall be completely extinguished after each use and before retiring
for the night, and
(c)
The patio wood-burning unit shall be utilized in rear yards only.
Sec. 12-181. Recreational Fire Pits.
A recreational fire pit may be used in the City of Romulus only in accordance with all of the
following provisions:
(a)
The recreational fire pit shall not be used to burn refuse or yard waste,
(b)
The recreational fire pit shall only burn clean wood,
(c)
The recreational fire pit shall be located a minimum of 50' (feet) away from
any structure or lot line,
(d)
The recreational fire pit shall not cause a nuisance by way of unreasonable
light, heat, smoke, odor, or other unreasonable manner to neighbors,
(e)
The recreational fire pit shall not be located within 25' (feet) of any utility
line, including, but not limited to, overhead or underground power lines or
communication cable and natural gas service lines. Prior to installation, it is
the property owner or occupier's responsibility to contact MISDIG to ensure
same with respect to underground utility lines,
(f)
The recreational fire pit shall be no larger than 3' (feet) in diameter,
(g)
The recreational fire pit shall be no more than 18" (inches) in depth,
(h)
The lid of the recreational fire pit shall be completely enclosed by steel
meshing with openings no larger than ¼" (inch) openings,
(i)
When in use, the recreational fire pit shall be completely enclosed with the
steel mesh screening,
(j)
The fire shall be attended to at all times by an adult over the age of 18 who
must also be a resident of that property,
(k)
There shall be at least one suitable of means of fire extinguishment available
near the fire. These can include a 40bc rated fire extinguisher, a garden hose
hooked up to a water supply ready for use (not frozen or otherwise
obstructed), or dirt / sand and shovels,
(l)
The fire shall be completely extinguished after each use and before retiring
for the night, and
(m)
The recreational fire pit shall be located in rear yards only.
Sec. 12-182. Bonfires.
(a) Applications for permits for bonfires shall be submitted to the Fire Department and
reviewed on a case-by-case basis. Prior approval of the Fire Department shall be required
before the commencement of any bonfire.
(b) Minimal requirements for the issuance of a bonfire permit shall include the require-
ments of Section 12-187, as well as each of the following:
(1)
The Fire Department must be notified of the proposed beginning and ending
time of the bonfire,
(2)
No bonfire shall be lit or allowed to burn without the Fire Department on the
premises, unless extinguishing agents sufficient to safely extinguish any such fire are
on the premises and have been previously approved by the Fire Department,
(4) The bonfire shall not be used to burn refuse or yard waste,
(5) The bonfire shall only burn clean wood,
(6) The recreational fire pit shall be located a minimum of 50' (feet) away from
any structure or lot line,
(7)
The bonfire shall not cause a nuisance by way of unreasonable light, heat,
smoke, odor, or other unreasonable manner to neighbors,
(8)
The bonfire shall be attended to at all times by an adult over the age of 18
who must also be a resident of that property,
(9)
There shall be at least one suitable of means of fire extinguishment available
near the bonfire. These can include a 40bc rated fire extinguisher, a garden hose
hooked up to a water supply ready for use (not frozen or otherwise obstructed), or dirt
/ sand and shovels,
(10)
The bonfire shall be completely extinguished after each use and before
retiring for the night, and
(11)
The bonfire shall be located in rear yards only, and
(12)
The Fire Department may establish additional bonfire permit requirements as
the circumstances of the proposed bonfire may dictate.
(c) All non-permitted or otherwise non-compliant bonfires will be considered "just cause"
for extinguishment by the fire department and subject the property owner / occupier and/or
other responsible party to the issuance of a court appearance ticket and subject to reim-
bursement of the City's costs for such response, extinguishment, prosecution, and any and
all other applicable liabilities and penalties.
Sec. 12-183. Fire Prevention and Suppression Training.
Notwithstanding the other provisions of this ordinance, structures and other materials
may be burned by the City of Romulus Fire Department for fire prevention and suppression
training only in accordance with all of the following provisions:
(a)
The burn must be exclusively for fire prevention or suppression training. The
burning shall not be used as a means to dispose of waste material, including
tires and other hazardous materials,
(b)
Any standing structure that will be used in fire prevention or suppression
training must be inspected by a licensed asbestos inspector. A notification of
this inspection must be submitted to the Michigan Department of
Environmental Quality, Air Quality Division, at least 10 business days prior
to burning a standing structure. The notification must be submitted using
Form EQP 5661 "Notification of Intent to Renovate/Demolish",
(c)
All asbestos must be removed prior to conducting the fire prevention or sup
pression training. If the structure is a residential dwelling, the owner may
remove the asbestos or have it removed by a licensed abatement contractor.
If it is a commercial building, all asbestos must be removed by a licensed
abatement contractor,
(d)
All ash shall be disposed of in an approved landfill or at an alternate location
approved by the Michigan Department of Environmental Quality,
(e)
Asphalt shingles and asphalt or plastic siding shall be removed prior to the
practice burn unless the Fire Chief determines that they are necessary for the
fire practice,
(f)
At least 48 hours before a planned practice burn, residents within 1,000 feet
of the site of the proposed burn shall be notified, and
(g)
All fire suppression training should conform to the guidelines established by
the National Fire Protection Association (NFPA) Standard on Live Fire
Training Evolutions (NPA 1403).
Sec. 12-184. Additional Requirements for Permissible Burning.
In addition to the requirements set forth herein, for burning permitted under this ordi-
nance, the following shall be required:
(a)
All burning 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 a visibility hazard on roadways, highways, railroads or airfields,
(b)
No materials shall be burned on any street, curb, gutter, sidewalk, city right
of way or on the ice of a lake, pond, stream or other body of water,
(c)
No open or outdoor burning may be conducted on days when the Department
of Environmental Quality has declared an "air quality action day" applicable
to the county of Wayne,
(d)
Should the City of Romulus experience a drought, water conservation
period, or other unspecified emergency, open and/or outdoor burning may be
prohibited at the sole discretion of the Fire Chief,
(e)
No items shall be brought into the City of Romulus for open or outdoor
burning by any licensed or unlicensed contractor, including without
limitation, for demolition, tree service, or lawn service,
(f)
The fire load will be limited up to 2 cords of wood. All wood shall comply
with all City ordinances regarding the storage of firewood,
(g)
Under no circumstances shall gasoline be used to start any fire,
(h)
Agricultural burning and/or bonfires may also be prohibited due to the close
proximity to the airport and their flight paths. If such burning is approved by
the Fire Department, the applicant shall provide sufficient advance notice to
the Fire Department in order to allow the proper notification to the Detroit
Metropolitan Airport, and
(i)
The Fire Chief shall retain discretion to require additional conditions or
restrictions, should the circumstances of a particular proposed open or out
door burning so require.
Continued,
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