Open Burning

Burning Permit Application

Burning permits are issued by the NC Forestry Service and are not associated with the Town of Apex Fire Department.  The permits are not allowed in the town limits of Apex and only allowed in the County.

Town of Apex Open Burning Ordinance 

Section 9-40. - Purpose.

This article is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the town by regulating the air pollution and fire hazards of open burning and outdoor burning.

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-41. - Applicability.

This article applies to all outdoor burning and open burning within the town.

(1)  This article does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.

(2)  This article does not apply to 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.

(3)  This article does not apply to the use of propane, acetylene, natural gas, gasoline, kerosene or similar fuel in a device intended for heating, construction or maintenance activities. 

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-42. - Severability.

Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected.

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-43. - Definitions.

Campfire means a small outdoor fire intended for recreation or cooking, but not including a fire intended for disposal of waste wood or refuse.

Clean wood means 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.

Construction and demolition waste means 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.

Fire chief means the Chief of the Town of Apex Fire Department or other person designated by the fire chief.

Municipality means a county, township, city or village.

Open burning means 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 burning in a burn barrel.

Outdoor burning means open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.

Outdoor wood-fired boiler means a wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.

Patio wood-burning unit means a chiminea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.

Refuse means any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-44. - General prohibition on outdoor burning and open burning.

Open burning and outdoor burning are prohibited in the town unless the burning is specifically permitted by this article.

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-45. - Open burning of refuse.

Open burning of refuse is prohibited.

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-46. - Burning trees, logs, brush, stumps, leaves, and grass clippings.

Open burning of trees, logs, brush, stumps, leaves and grass clippings is prohibited.

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-47. - Patio wood-burning units.

No person shall install, use, or maintain a patio wood-burning unit in the town except that such units are permitted provided they are located on a noncombustible surface and located a minimum distance of 20 feet from the residence or any raised structure. Outdoor masonry fireplaces constructed in the same manner as indoor residential fireplaces shall be permitted in the town.

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-48. - Campfires.

Campfires shall not be permitted in the town unless the campfire is located at least 25 feet from any structure and 25 feet from any property line. The campfire shall be no larger than four square feet and shall be surrounded by bricks at least two tiers high.

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-49. - Fire suppression training.

(a)  Notwithstanding sections 9-44 and 9-45 of this article, structures and other materials may be burned for fire suppression training only in accordance with the following provisions:

(1)  The burn must be exclusively for fire suppression training. The burning shall not be used as a means to dispose of waste material including tires and other hazardous materials.

(2)  Any standing structure that will be used in fire suppression training must be inspected and should be inspected by a licensed asbestos inspector. Notification of this inspection must be submitted to the North Carolina Department of Environmental Quality, Air Quality Division, at least ten business days prior to burning a standing structure. The notification must be submitted using Form EQP 5661, "Notification of Intent to Renovate/Demolish".

(3)  All asbestos must be removed prior to conducting the fire suppression 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.

(4)  All ash shall be disposed of in an approved landfill or at an alternate location approved by the North Carolina Department of Environmental Quality. (b)  The following additional provisions are optional when burning for fire   suppression training purposes:

(1)  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.

(2)  At least 48 hours before a planned practice burn, residents within 1,000 feet of the site of the proposed burn shall be notified.

(3)  All fire suppression training should conform to the guidelines established by the National Fire Protection Association (NFPA) Standard on Live Fire Training Evolutions (NFPA 1403).

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Section 9-50. - Liability.

A person utilizing or maintaining an outdoor fire in violation of this article shall be responsible for all fire suppression costs caused by the violation.

(Ordinance No. 08-0219-03, § 2, 2-19-08)

Sections 9-51—9-69. - Reserved.