§ 15-96. Prohibitions.

(a)

General prohibitions. No person shall ignite, cause to be ignited, or allow to be ignited, any material that will result in any prohibited open burning as regulated by this article; nor shall any person allow, conduct or maintain any prohibited open burning.

(b)

Prohibition of the open burning of certain materials.

(1)

Open burning to reduce yard waste and tree cutting debris generated on residential properties is prohibited, except as allowed under section 15-97.

(2)

Open burning of biological waste, hazardous waste, asbestos-containing materials or devices, mercury-containing materials or devices, pharmaceuticals, tires and rubber material, residual oil, used oil, asphalt, roofing material, treated wood, tar, plastics, waste pesticide containers, garbage, trash or household paper products is prohibited.

(3)

Open burning of waste matter generated by demolition of a structure is prohibited.

(4)

Open burning of vegetative debris and untreated wood is prohibited, except as provided in sections 15-97, 15-98, 15-99, 15-101, 15-102, 15-103 and 15-104.

(c)

Prohibition on open burning during adverse conditions. No open burning, including the use of any air curtain incinerator exempted from permitting pursuant to Rule 62-210.300, F.A.C. shall be conducted during a National Weather Service Air Stagnation Advisory or Air Pollution Episode, or if the Florida Department of Agriculture and Consumer Services, Division of Forestry, has determined that the weather conditions are unfavorable for safe burning, or the Orange County Fire Rescue Department issues a Burn Ban Activation per section 18-4 under Ordinance 2018-07.

(d)

Open burning, which reduces visibility. Open burning, which reduces visibility on paved public roadways to less than one thousand (1,000) feet unless the regulating authorities have agreed to control traffic, or have delegated the authority to control traffic, is prohibited.

(e)

Open burning setbacks. Open burning is limited to the following setbacks:

(1)

One hundred (100) feet from any paved public road and the prevailing winds will direct the smoke away from any buildings (other than the landowner conducting the open burning) or roads. Open burning for paved public road maintenance and widening is exempt from the one hundred-foot setback requirement as long as the visibility on the road is not reduced to less than one thousand (1,000) feet.

(2)

If an air curtain incinerator is not used, the setback shall be a minimum of one thousand (1,000) feet from any building and one hundred (100) feet from any wildlands, wetlands, brush, combustible structure, or conservation easement.

(3)

If an air curtain incinerator is used, the air curtain incinerator must be set back a minimum of three hundred (300) feet from any building, and fifty (50) feet from any wildlands, wetlands, brush, combustible structure, paved public road, or conservation easement.

(4)

Within the Econlockhatchee River Basin, the appropriate protection zone distance established under article XI of chapter 15 shall serve as the setback distance for open burning.

(5)

Within the Wekiva River Basin, the appropriate protection zone distance established under article XIII of chapter 15 shall serve as the setback distance for open burning.

(6)

Setbacks for open burning conducted within the vicinity of surface waters are as follows:

a.

Open burning must be no closer than one hundred fifty (150) feet from the normal high water elevation, or fifty (50) feet from the landward boundary of a wetland, whichever is greater.

b.

Open burning conducted within the vicinity of surface waters designated as an "Outstanding Florida Water" must be no closer than one thousand one hundred (1,100) feet from the normal high water elevation.

(f)

Applicability of other laws, rules, and ordinances. Nothing in this division shall relieve any person from complying with any and all other applicable laws (including F.S. ch. 590), rules (including all rules of the Department of Agriculture and Consumer Services, Division of Forestry), and ordinances of any local government.

(Ord. No. 2007-05 , § 12, 5-22-07; Ord. No. 2018-10 , § 7, 6-5-18)