Ban on open burning applies to luminaries

Posted Friday, December 7, 2007

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Raleigh, NC - State forestry officials are reminding North Carolina residents this holiday season that the ban on open burning prohibits the use of open flame such as luminarias beyond 100 feet of an occupied dwelling.

Whether it’s legal to burn luminarias within 100 feet of an occupied dwelling is up to the local fire marshal. Luminarias are a popular holiday tradition that typically involves placing a lighted candle inside a paper bag.

The N.C. Division of Forest Resources banned open burning Oct. 15 because of the drought coupled with high winds, dry forest fuels and a lack of rainfall needed to replenish water supplies for fighting fires. Due to those conditions, luminarias could pose a wildfire threat.

As part of the ban on open burning, the N.C. Division of Forest Resources has also canceled all burning permits, and any new permits have been suspended until the ban is lifted. Already, the dry conditions have sparked above average wildfire activity in 2007. The state has experienced more than 6,590 wildfires this year, burning more than 36,071 acres statewide. North Carolina averages 4,931 wildfires with about 20,008 acres burned. There have been approximately 94 fires, burning more than 698 acres since Dec. 1. The ban on open burning will be in effect until further notice.

By North Carolina law (G.S. 113-60.25 and 113.60.27), the ban prohibits all open burning statewide, regardless of whether a permit was issued. In addition to a $100 fine, people in violation of the open burning ban may have to pay court costs.

The following are a few facts about the law regarding the ban on open burning:

· The ban does not apply to a fire within 100 feet of an occupied dwelling. County fire marshals have jurisdiction of burning within 100 feet of an occupied dwelling. A campsite (for example a tent, recreational vehicle, pop-up trailer, etc.) is _not_ considered an occupied dwelling. The Division of Forest Resources has advised county fire marshals across the state of the burning ban and asked for their consideration of also implementing a ban on open burning.

· The burn ban does not allow for cooking fires beyond the 100 foot area of an occupied dwelling. Cooking is allowed using an enclosed grill or outdoor cooker.

· If a fire within that 100-foot area escapes containment, a North Carolina forest ranger may take reasonable steps to extinguish or control the fire. The person responsible for setting the fire may be responsible for reimbursing the N.C. Department of Environment and Natural Resources for any expenses related to extinguishing that fire.

· Open burning includes burning leaves, branches and other plant material. In all cases, it is illegal to burn trash, lumber, tires, newspapers, plastics or other non-vegetative materials.

· Other local ordinances and air quality regulations may also impact open burning.

· Outdoor burning is also prohibited in areas covered by Code Orange or Code Red air quality forecasts.

Local fire departments and law enforcement officers, as well as officers with the N.C. Wildlife Resource Commission, are assisting the N.C. Division of Forest Resources in enforcing the burn ban.

For more information, contact Brian R. Haines at (919) 733-2162 ext. 234. Residents can also contact a county ranger with the Division of Forest Resources or their local county fire marshal's office for more information.