BURNING QUESTIONS: Residents reminded of rules for fires

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HANCOCK COUNTY — The weather is getting warmer, motivating residents to burn off the yard waste that’s accumulated over the winter and gather around fire pits with family and friends.

But there are rules to be aware of before torching that brush or toasting those marshmallows. They include overarching regulations put in place by the state, as well as local ones that differ slightly from community to community throughout the county.

Open burning of leaves, brush, paper and other clean wood waste in a burn barrel at a private residence is allowed under state rules, except at apartment and condominium complexes, mobile home parks and buildings with five or more dwelling units. Such fires should be monitored at all times.

Fires must be extinguished if they cause a pollution problem, threat to public health, nuisance or fire hazard.

Penny McLean, a Greenfield resident, can attest to that. Last year, a neighbor conducted an open burn in a barrel that affected her breathing.

“I could hardly breathe at all,” she said.

The odor of smoke led her to believe that trash was being burned. State rules do not permit the open burning of trash.

“The smell was terrible,” she said.

Firefighters with the Greenfield Fire Territory responded to extinguish it.

As the weather gets warmer, McLean has noticed the topic of open burning popping up on Nextdoor, the social networking service for neighborhoods.

Recreational and ceremonial fires are allowed except where prohibited by a local ordinance, and only using clean wood, paper, charcoal and clean petroleum products.

For recreational and residential open burning, adequate firefighting equipment like a water hose, buckets of water, fire extinguisher and/or shovels must be kept on site.

Burning for maintenance purposes includes vegetation from farms, orchards, nurseries, cemeteries, drainage ditches and agricultural land in unincorporated areas, as well as wood structures and the remnants of wood structures. Fires should be attended until extinguished.

Those managing residential, recreational and maintenance open burns should avoid conditions that can worsen fires like high winds, temperature inversions and stagnant air.

Rules also require compliance with active burn bans documented on an online map at https://www.in.gov/dhs/burnban/.

Greenfield’s regulations for open burning of approved materials in a barrel in city limits echo state rules limiting the activity to daylight hours.

“It has to be before dusk,” said Corey Breese, public information officer for the Greenfield Fire Territory.

Burning garbage in city limits is prohibited except in an incinerator approved by the Hancock County Board of Health. Steve Kropacek, fire marshal for the territory, said such incinerators are typically electric-, oil- or gas-fired.

In Fortville, non-recreational open burning can only involve dry, easily combustible material that burns cleanly and can only occur between 8 a.m. and 5 p.m. All burning, with the exception of leaves, must be done in a container capable of being closed. Burning is not allowed on paved streets or alleys. Fires must be supervised until extinguished.

Fires for camp fires and cookouts are allowed in an area within 48 inches in diameter and no more than 24 inches tall. They’re not allowed after 11 p.m. or before 8 a.m., however.

McCordsville’s town code permits recreational fires and has a variance application process for other kinds of fires.

New Palestine allows small attended camp fires and burning of leaves and weeds in small open piles with proper attention at least 10 feet from buildings and flammable objects. Burning cannot occur on public rights-of-way, streets, highways or alleys.

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Recreational or Ceremonial Fires (e.g., scouting activities, campfire cooking)

  • Recreational or ceremonial fires are allowed in all counties except when prohibited by a local ordinance.
  • Burning cannot be used for disposal purposes. If burning for disposal purposes, refer to the Residential Open Burning section below.
  • Only burn clean wood, paper, charcoal, and clean petroleum products.
  • Never burn trash.
  • Limit the volume of clean wood material to be burned to less than 1,000 cubic feet.
  • If your pile is bigger than 125 cubic feet, provide the date, time, and location to the local fire and health departments at least 24 hours before burning.
  • Only burn one pile at a time.
  • Never burn within 500 feet of any fuel storage area or pipeline.
  • Do not burn during high wind conditions or temperature inversions, when air is stagnant, or when an Air Quality Action Day has been declared (see IDEM’s SmogWatch page for alerts).
  • Do not ignite a fire more than two hours before the activity takes place.
  • Fires must be attended at all times and extinguished upon conclusion of the activity.
  • Adequate firefighting equipment, such as a water hose, buckets of water, fire extinguisher, and/or shovels, must be kept on-site while burning.
  • Fires must be extinguished if at any time they are causing a pollution problem, a threat to public health, a nuisance, or a fire hazard.

Residential Open Burning

Residential open burning is the burning of leaves, brush, paper, and other clean wood waste in a burn barrel at a private residence.

It is not allowed:

  • At apartment/condominium complexes, mobile home parks, and buildings with five or more dwelling units.
  • In Clark, Floyd, Lake, or Porter counties due to federal requirements for controlling ground-level ozone pollution.
  • In cities or counties with a local ordinance banning the activity.

If residential open burning is allowed at your place of residence:

  • Do not burn during high wind conditions or temperature inversions, when air is stagnant, or when an Air Quality Action Day is declared (see IDEM’s SmogWatch page for alerts).
  • Limit burning to daylight hours and stay with the fire at all times.
  • Only burn clean wood products such as untreated or unpainted lumber, clean brush and leaves, and uncoated paper.
  • Never burn trash
  • Use a noncombustible container (i.e., burn barrel) with enclosed sides and a bottom that is sufficiently vented to induce adequate primary combustion.
  • Fires must be extinguished before sunset.
  • Adequate firefighting equipment, such as a water hose, buckets of water, fire extinguisher, and/or shovels, must be kept on-site while burning.
  • Fires must be extinguished if at any time they are causing a pollution problem, a threat to public health, a nuisance, or a fire hazard.

Burning for Maintenance Purposes

Burning for maintenance purposes includes managing:

  • Vegetation from farms, orchards, nurseries, tree farms, cemeteries, drainage ditches, and agricultural land in an unincorporated area.
  • Wood that is pruned or cleared from a roadside by a county highway department or the initial clearing of a public utility right of way in an unincorporated area.
  • Undesirable wood structures on real property or wood remnants of the demolition of a predominantly wooden structure originally located on real property in an unincorporated area. Houses or commercial structures are typically not considered a predominantly wood structure.

When burning for maintenance purposes:

  • Do not burn during high wind conditions or temperature inversions, or when air is stagnant.
  • Attend fires at all times, until the burning is completely extinguished.
  • Remove all asbestos-containing materials from a structure before burning it. IDEM’s Asbestos site covers asbestos requirements.
  • Never burn asbestos-containing materials.
  • Never burn regulated solid waste including household trash, painted or treated wood, or waste tires.
  • Extinguish the fire any time it creates a nuisance or fire hazard.

Source: Indiana Department of Environmental Management

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