This article is intended to promote the public health, safety and welfare and to safeguard the health, safety and welfare of the citizens of the City of Inman, Kansas by regulating the air pollution and fire hazards of open burning and outdoor burning.
(Ord. 486; Code 2014)
(a) This article applies to all Outdoor Burning and Open Burning within the City of Inman, Kansas.
(b) This article does not apply to grilling or cooking food using charcoal, clean wood, propane or natural gas in cooking or grilling appliances.
(c) This article does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or animal habitation.
(d) This article does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(Ord. 486; Code 2014)
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.
(Ord. 486; Code 2014)
(a) “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.
(b) “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.
(c) “Fire Chief” means the Chief of the Inman Fire Department or other person designated by the Fire Chief.
(d) “Municipality” means the City of Inman, Kansas.
(e) “Outdoor Burning” means open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.
(f) “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.
(g) Outdoor wood-fired boiler” means a wood-fire boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.
(h) “Patio wood-burning unit” means a chimney, patio warmer or other portable wood-burning device used for outdoor recreation and/or heating.
(i) “Refuse” means any waste material, garbage, animal carcasses, and trash or household materials except trees, logs, brush, stumps, leaves and other vegetative matter.
(Ord. 486; Code 2014)
Except as provided in this article, Open Burning and Outdoor Burning are prohibited in the City of Inman.
(Ord. 486; Code 2014)
It is unlawful for any person to burn or allow to be burned on his premises or any premises he may lease or control, any trash, rubbish, garbage or other materials which is not a fuel for heat or cooking.
(Ord. 486; Code 2014)
An outdoor wood-fired boiler may be installed and used in the City of Inman only in accordance with all of the following provisions:
(a) The outdoor wood-fire boiler shall not be used to burn refuse and shall be used to burn only clean wood.
(b) The outdoor wood-fired boiler shall be located at least 100 feet from the nearest residential dwelling which is not on the same property as the outdoor wood-fired boiler.
(c) The outdoor wood-fired boiler shall have a chimney that extends at least 15 feet above the ground surface or 3 feet above the building it serves, whichever is greater. In addition, the chimney shall extend 3 feet above the highest peak of any residence located within 500 feet from the wood-fired boiler. The Fire Chief or designee may approve a lesser height on a case-by-case basis if, in the opinion of the Fire Chief or designee, it is necessary to comply with manufacturer’s recommendations and if a lower chimney height does not create a nuisance for neighbors.
(d) The owner of the outdoor wood-fired boiler shall obtain a permit from the Fire Chief prior to any installation and the final installation shall be inspected by the Fire Chief and only put into operation with written approval from the Fire Chief. The purpose of the Fire Chief’s inspection will only be to ensure compliance with this ordinance and shall not be considered a safety inspection.
(Ord. 486; Code 2014)
A patio wood-burning unit may be installed and used in the City of Inman, Kansas only in accordance with all of the following provisions:
(a) The patio wood-burning unit shall not be used to burn refuse.
(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 the nearest structure which is not on the same property as the patio wood-burning unit.
(Ord. 486; Code 2014)
A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
(Ord. 486; Code 2014)
Upon probable cause of a possible violation of this article, the Fire Chief or any authorized officer, agent, employee or representative of the City of Inman, Kansas may inspect any property for the purpose of ascertaining compliance with the provisions of this article.
(Ord. 486; Code 2014)
Violation of this article is a Class “B” misdemeanor and is punishable by a fine of up to $1,000.00 and for a jail sentence of up to six (6) months.
(Ord. 486; Code 2014)