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Outdoor Burning
In an effort to provide for a safe community and to help preserve clean air, outdoor burning is regulated by ordinance in the City of Maumelle. Open burning is never allowed within the city limits without a valid permit. Also, permitted burning is usually restricted for land-clearing in the development of property.

Open Fire Burn Permit
Persons wishing to obtain a burn permit for an open fire within the city limits can start the process with a visit to our station at 100 Millwood Circle. Normally, a member of the department inspects the burn site to insure the materials being burned are legal, organized into safely proportioned sizes and are a safe distance from property lines, structures and heavy vegetation. If approved, the burn permit is only valid for a predetermined number of days and must be renewed by the fire department once expired.

All burn permit holders must abide by the following requirements:
   1. Adequate precautions must be taken to prevent the spreading of fire.
   2. Burn site shall not be left unattended at any time.
   3. Burning not permitted on windy days (wind speed of 10 mph or more).
   4. Burn site cannot be placed any closer than 50 feet to any property line or structure.
   5. The permit must remain at burn site at all times.
   6. A burn permit does not allow for any burning which is in violation of any and all
       state and/or federal environmental and burning laws.
   7. Outdoor burning may be prohibited when local conditions make such a fire a hazard.
   8. No solid petroleum products (i.e. rubber tires) will be used to start or keep fire burning.

Additional requirements may be implemented by fire department personnel following inspection of the burn site. Failure to abide by any of these restrictions may result in revocation of the burn permit.

Warming Fire Burn Permit
Construction companies that wish to have warming fires on their job sites during the winter months must contact the Department of Planning and Zoning for permit information. Warming Fire Permits also have several conditions that must be met including:

   1. All burning will be between sunrise and sunset. All fires must be extinguished on or before
       sunset.
   2. Adequate precautions must be taken to prevent the spreading of fire.
   3. Burning is not permitted on windy days, regardless of temperatures.
   4. Burn containers cannot be placed closer than 15 feet to any property line or structure.
   5. Other combustible materials cannot be closer than 15 feet to the burn container.
   6. No solid petroleum products (i.e. asphalt shingles, oils, paints, etc.) may be burned at any time.
   7. The burn container must be monitored at all time.
   8. The burn container must be of non-combustible materials such as cinder blocks, brick or
       a metal barrel. Enclosures on the ground must be at least 18 inches high. All enclosures must
       have a screen or other means of keeping sparks and flying embers confined.
   9. A warming fire permit does not allow for any burning which is in violation of any and all
       environmental and burning laws established by either state or federal laws.
   10. The fire chief, fire marshal or their designate may prohibit any outdoor fires when local
         conditions make open burning a fire hazard.
   11. Burn permits must be located on-site with the building permit.
   12. Warming fire permits are for warming people who are working on-site and is valid only
         from October 1 through April 1 when temperatures is below 45 degrees Fahrenheit.
   13. The permit is only good for the location shown on the permit.
   14. The name of the contractor and responsible party must be shown on the permit as
         well as a means of contacting them via telephone as necessary.

Open Burning Ordinance
The following excerpt of city code is provided here on an unofficial basis and for informational purposes only regarding matters relating to open burning. The printed version of the Maumelle City Code should be consulted for all matters requiring reliances on the statutory text.

Maumelle City Code
Chapter 26 - Fire Prevention and Protection
Article II - Open Burning

Sec. 26-31. Restricted.
Pursuant to the authority of its police powers for the health, safety and welfare of its citizens, the city designates, provides and prohibits the open burning of trash and other materials within the city except as provided for and regulated in this article. (Ord. No. 28, § 1, 3-3-1986)

Sec. 26-32. Approval required for nighttime burning.
It shall be unlawful for any person to burn or cause to be burned any trash, wastepaper, hay, grass, straw, leaves, weeds, litter, or combustible or flammable waste or rubbish of any kind or to permit any such fire or burning within the city between the hours of sundown and sunrise except as may be approved in advance in writing by the department responsible for enforcing this article. (Ord. No. 28, § 2, 3-3-1986)

Sec. 26-33. Permit required.
No open burning or open fires are permitted in the city without a permit from the department responsible for enforcing this article. Adequate precautions and provisions must be taken to prevent the spreading of any fire. Burning will not be permitted on windy days or near dry grass, weeds, leaves, etc. All fires must be extinguished in an incinerator on or before sunset. (Ord. No. 28, § 3, 3-3-1986)

Sec. 26-34. On public property.
It shall be unlawful for any person to burn or cause to be burned any substance in section 26-32 upon any street, alley or public property of the city at any time. (Ord. No. 28, § 4, 3-3-1986)

Sec. 26-35. Container required.
It shall be unlawful for any trash, wastepaper, hay, grass, straw, leaves, weeds, litter or combustible or flammable waste or rubbish of any kind to be burned except in a closed metal, brick, concrete or rock container. The top of the container shall have a metal cover, and openings in the cover shall not be greater than one-inch mesh. All such containers must be approved by the [fire department] prior to use; however, no closed container shall be required for the burning of trees and brush in the clearing and development of land for commercial and/or industrial purposes. Burning under certain conditions will be allowed on residential, commercial and industrial property if the property owner or his agent obtains express, written consent of the [fire department]. The [fire department] shall take into consideration in determining whether to give such written consent the weather conditions, adjacent property conditions, the location and condition of the surroundings, the particular environment of the location where the burning is to take place, and other factors impacting upon the health and safety and well-being of persons and property. (Ord. No. 28, § 5, 3-3-1986; Ord. No. 145, § 1, 3-19-1990)

Sec. 26-36. Location of trash burner.
It shall be unlawful for any trash burner to be placed closer than 15 feet to any property line or closer than 15 feet from any structure. (Ord. No. 28, § 6, 3-3-1986)

Sec. 26-37. Penalty for violation of article.
(a) Any violator of any section of this article shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than $75.00 nor more than $250.00, plus court costs. When a violation of this article is continuous in nature, each 24 hours or part of 24 hours shall constitute a separate offense. (b) In addition to the aforementioned penalty, the [fire department] may revoke the violator's permit and may refuse to reissue the same permit or a separate permit in favor of the violator, even if on a separate property, for a period of up to 30 days. (Ord. No. 28, § 7, 3-3-1986; Ord. No. 447, § 1, 1-21-2003)

Sec. 26-38. Prohibition authorized.
The [fire department] may prohibit any outdoor fires when atmospheric or local conditions make such fire a hazard. (Ord. No. 28, § 8, 3-3-1986)

Sec. 26-39. Violation of state, federal laws prohibited.
The sections of this article shall in no way permit any burning in the city which is in violation of any and all environmental and burning laws established by the state or by the federal government. (Ord. No. 28, § 9, 3-3-1986)
    

  
  

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