Open Burning

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Citations from North Port City Code Regarding Open Burning

Sec. 26-27. - Open burning.

(a) Open burning may be permitted for the following uses, provided that no smoke violations or other nuisance or hazard is created: 

    (1) Clearing of land for development purposes. 

    (2) Agricultural operations. 

    (3) Cooking fires on private property, provided that the fire is in an approved container or on a site provided for such purpose(s). At no time shall the flame height of a cooking fire reach over one foot. An approved container for cooking fires is as follows: 

        a. A three-foot by three-foot block type container with one grate for cooking, one grate for oak split logs or charcoal and leaving one foot off the ground for air flow (no other wood shall be used). 

        b. Rolling containers for cooking and smoking using wood or charcoal. 

        c. Gas grills must approved by United Laboratories (UL). 

        d. Charcoal grills must be UL approved. 

    (4) Warming or camping fires: 

        a. Camping fires shall only be approved in designated campgrounds that have been inspected and approved by the AHJ, or his designee. 

        b. UL approved warming type containers shall be considered approved containers for use on private property as long as no building materials or yard waste are burned. 

    (5) Ceremonial or any other celebration burning fires may be permitted upon written request to the North Port fire rescue district.

(b) Open burning permits issued for lands within the city require approval by the AHJ or his designee and are based upon the following conditions: 

    (1) Fire readiness level as reported by the Division of Forestry (DOF). 
    (2) Sarasota County Department of Environmental Protection criteria. 
    (3) Division of Forestry (DOF) burning controls. 
    (4) The risk of burning to the city. 
    (5) No declaration of extraordinary fire hazards within the city. 
    (6) The daily drought index.

(c) At any time, the fire chief as AHJ, or his designee, shall have the authority to shut down/ extinguish any cooking, warming or ceremonial fire deemed a nuisance or reject any permit for burning.

Sec. 26-32. - Cost recovery for emergencies caused by negligent, unlawful or unauthorized acts.

The city shall prepare an invoice of costs, according to the Federal Emergency Management Agency (FEMA) schedule, for those incidents where the North Port fire rescue district expends funds which may be recoverable. These incidents include, but are not limited to: 

    (1) Unlawful discharge of fireworks resulting in a fire. 
    (2) Intentionally set fire (arson), including juveniles playing with fire. 
    (3) Inadequate control of permitted (burn permit issued) open burning. 
    (4) Unauthorized release, discharge or disposal of hazardous materials. 
    (5) Acts identified by federal, state or local authority as recoverable. 
    (6) Unlawful or unauthorized incidents which initiate fire rescue response. 
    (7) Fire rescue response for illegal burning shall impose a fine of: 

        a. First offense—Registered letter notification of violation. 
        b. Second offense—$150.00 fine. 
        c. Third offense—$300.00. 
        d. Fourth offense or higher—$500.00 fine.

Failure to pay assessed fines, equipment and manpower rates may result in the fire rescue district placing a lien against the property.