Ordinance 08-1862 ORDINANCE NO. 08-1862
A1N ORDINANCE OF CITY OF LONGWOOD
FLORIDA, CREATING r~RT'IC'LE V, OPEN BURN
REGULATIONS IN CHAPTER 42, FIRE PREVENTION
AND PROTECTION OF THE CITY CODE OF
ORDINANCES, WHICH ES7°ABLISHES OPEN BURN
REGULATIONS; PROVIDIPIG FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHER.E;AS, on the February 18, 20;08 City Commission meeting, the City
Commnission reviewed the proposed Open Burn Ordinance and decided to move forward
with their recommendations; and
WHEREAS, the City of Longwood :Fire: Department have investigated different
methods to maurtain a high level of quality for :Eirf; emergency services throughout times
of constantly increasing service demands, aild maintaining an effective response by the
fire department companies by saving lives and :preventing serious injury by fire; and
`VHEREAS, the City Commission desii°es to implement a procedure by which to
regulate open burning within the city limits of Longwood.
NOW, TKEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
LONGWOOD, FLORIDA:
Section I. There is hereby.created ~~rticle V,~entitled Open Bum Regulations
in Chapter 42 of City of Longwood Code of Ordinances, which is to read as follows:
Definitions:
For the purpose of this section, the following de:fir.~,itions shall apply unless the context
clearly indicates or requires a different meaning.
"BONFIRE" A large fire built ir7 the open air that :~s used for warmth, recreational, or
entertainment purposes that exceeds a diameter of three (3) feet but not larger than six (6)
feet in diameter..
"CAMPFIRE" Afire built in the open air that is used for warmth, recreational or
entertainment purposes. The fire shall be no larger than three (3) feet in diameter with
flames no higher than three (3) feet and :no .more: than one fire per any one location,
address, parcel, or lot, whichever is most restric~:iv~~.
"PIT" A barbeque pit constructed of non-combiast:ible material for outdoor
domestic/non commercial cooking.
City of T,ongwoud
Ordinance No. i)8-1862
:Page, l of S
"NUISANCE" A condition or situation, such as a Toud noise or foul odor, that interferes
with the use and enjoyment of property.
"RESPONSIBLE PERSON" An adult person safely maintaining the fire. by being
outside, in the vicinity and in constant view of the fire.
"BUILDING MATERIALS" Furniture, mixed roofing materials, wire and cable,
drywall carpet, and other similar items including materials resulting from home
improvements.
"TOXIC OR HAZARDOUS WASTE" Any waste material which is defined as a
hazardous waste by the State of Florida Department of Enviromnental Regulation in the
State of Florida Administrative Code section 62-2.10.
"HOUSEHOLD TRASH AND RUBBISH" Food products, paper, cardboard, plastic
and/or metal containers.
"LAND CLEARING DEBRIS." Uprooted or cleared vegetation in coru~ection with
construction for buildings;
fight-of--ways; residential, commercial, or industrial
development, or initial clearing of vegetation to enhance property value.
"YARDWASTE" Vegetative matter such as leaves, grass clippings and small tree limbs I
that were generated on or off site.
Permissible Fires:
i
(a) Campfire
(b) .Pit burning for outdoor domestichlon-cormnercial cooking i
(c) Outdoor fireplace, chimeneas, fire bowls and similar devices
i
(d) Burning by the Fire Department or the Division of Forestry
I
Prohibited fires/burning: the following burning is prohibited:
(a) Building materials
(b) Toxic or hazardous waste
(c) Household trash and/or rubbish
(d) Land clearing debris
(e) Yard waste
City of Longwood
Ordinance No. 08-1862
Page 2 of 5
(f) Bonfires (see exception below)
Exception:
Bonfires may be allowed with prior approval frorr~. the City of Longwood Commissioners
for recreational purposes only. This may also include the City of: Longwood Fire Rescue
performing standby for the duration of the bonfire, The cost for standby will be
calculated in accordance with the rate schedule lis ~ ed below and shall be the
responsibility of the person (s) conducting the bonfire to pay the appropriate costs.
L®fal~GiPdOaD E1RE DEPAF3TIS~EP+!!
RATE ~CMIFDIULC
ONSCEUETL4fE 15M111N 3061LU 4$4fIN 605fhU' 75M111N +90hfIN
EQU f Pf41ENT
Engine Companies $ 687,00 $ 598A0 S 61)9.00 $ 620.00 $ 630.00 $ 642.00
Rescue Vehicles $ 577.00 S 578.00 $ 5'.T9.00 S 580.00 $ 581.00 $ 582A0
Eh1S Vehicles (refusals) S 579.00 $ 581.00 $ 5!14.00 587.00 $ 591.00 S 594.00
Ladder Totters $ 598.00 $ 620A0 $ 611.00 $ 662,00 $ 684,00 $ 705.00
Haz~4lat S 587.00 $ 603.00 $ 6::0,00 $ 63G,00 $ 652,00 $ fi68.00
h1ANP04i'ER
Firefighters $ 10,00 $ 20.00 $ F0.00 $ 40,0[1 $ 50.00 $ 60:00
Eafrs S 12,00 $ 24,00 $ ss.oD $ 4s.DD $ so.oo $ 72.00 .
Shift Supet~t~sors $ 14.00 $ 28.00 $ 4!2.00 $ SG.00 $ 60.00 $ 74.00
LTs /Asst. Chief $ 96,00 $ 32.00 $ ~~8.OU $ 64.00 $ 80,00 $ 96:00
Chief $ 20.00 $ 40.00, $ 60.00 $ 80.00 $ 100:00 $ 120.00
During construction or demolition of buildings or >tructures, no waste materials or
rubbish shall be disposed of by burning on the premises or in the immediate vicinity, with
the following exception:
(a) Controlled and/or training liurrun;; by the Fire Department or the
burning by Division of Forestry in the control or p1•evention of wild fires.
The following tauidelines shall be met while conducting a pernussible bwn:
(a) The moisture content and composit;.on of material to be burned shall be
favorable to good burning. which will minimize air pollution. Green or wet materials may
not be burned.
(b) 1`To person shall kindle or maintain any fire or authorize any such fire to
be kindled or maintained on auy private or public land unless the location is not less than
fifteen (15) feet ar more from any structure or vc;hi~~le, fifteen (1:5) feet or more from any
public highway or road and fifteen (15) feet or more from any ~roodlands, forest, brush,
or property line.
City of Longwood
Ordinance No. 08-?.862
Page ~3 of S
(e) All .authorized fires shall be supervised by a responsible person at all
times until such fire is completely extinguished. Such person shall have a garden hose ~
connected to the water supply, or other fire extinguishing equipment readily available for
use.
(d) Permissible fires shall not produce smoke in such quantities so that it is
offensive or creates a nuisance for nearby residents. On a complaint substantiated by the •
Fire Chief or his/her designee or the Authorized Representative iri charge at the scene, the
fire shall be immediately extinguished. If the person(s) responsible refuses to
immediately extinguish said fire, authorized representatives of the Fire Department in
charge a.t the scene shall have the power and authority to direct such operation as may be
necessary to extinguish or control any fire, or take any other action necessary in the '
reasonable performance of their duty. Authorized representatives in charge at the scene
have the authority to determine if conditions of the permissible fire. are being met or if
conditions are creating a hazard to life or property. Any action necessary may be taken to ,
coi7ect any violation. ,
The Authorized Representative in charge at the scene has the authority to prohibit any
type of outdoor burning when atmospheric conditions or local circumstances make such '
fires hazardous.
I
Open burning is allowed for the instruction and training of organized fire fighters or i
industrial employees udder the supervision of the appropriate public fire control. official
provided that:
(a) The burning activities are conducted by a full-time municipal fire control
agency in accordance with the National Fire Protection Association document, "Live Fire
Traiiung Evolutions in Structures (NFPA 1403)," as revised December 20, 2006, and •
hereby adopted and incorporated by reference as the accepted practice for fire training
instruction. Nothing herein shall be constnied as relieving any person from complying
with any other applicable laws, rules and ordinances, including Chapter 590, Florida
Statutes, and rules of the Division of Forestry.
(b) The Division of Forestry, the Department, and local fire control officials
are notified in advance of the time and place of the burning exercise.
Section II. Any and all ordinances or parts of ordinances in conflict herewith
are the same hereby repealed.
Section III. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, the invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are declared severable.
City of Longwood
Ordinance No. 08-1862
Page 4 of 5 '
Section :[V. This ordinance shall become effective immediately upon passage.
FIRST R..EADING: a e~ 2-o6g'
SECOND READING: a/~ ZGD g
PASSED AND ADOPTED/~7~ I' O:FJI`~d. ~ , 2008.
~ofin C. IV bot iYlayor
ATTEST•
Sarah M. Mirus, CMC, City Clerk
Approved as to form and legality for the use and rf;liance of the City of Longwood,
Florida onnly.
f
A d
Teresa S. Roper, City Attormey
City of L' ongwo~~d
Ordinance No. 08-1862
:Page 5 of S