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February 21, 2011 (Regular Meeting) Page 328 exercise must be on file with the Cabarrus County Fire Marshal's Office before a permit will be issued for the exercise. (d) Nuisance Burning (1) If any time during the burning, the smoke and /or odors create a nuisance by causing physical irritation exacerbating a documented medical condition, visibility impairment or causes a hazard determined by the fire official, the fire official may order the fire to be extinguished. (2) If at any time during the burning, the regulations regarding open burning are not met or are neglected in any way, the fire shall be extinguished (3) All open burning which includes, but is not limited to brush, limbs, leaves, farm lands, fields and clearing of land shall stop in the event of a burning ban issued by the North Carolina Forest Service or the Cabarrus County Fire Marshal Office. (4) Willful neglect and /or willful violations of the N. C. Fire Code shall be subject to a civil citation. (e) Burning Ban (1) In the event that the Cabarrus County Fire Marshal's Office issues a ban on outdoor burning within 100 feet of a structure, then all local Open Burning Permits issued shall be deemed invalid with no issuance of any new permits until such ban is lifted by the Cabarrus County Fire Marshal's Office. During this ban, no open burning shall be conducted at all within 100 feet of a structure; this includes any outdoor burning at residences. A civil citation will be issued for violations. (2) A burning ban on outdoor burning within 100 feet of a structure may be issued by the Cabarrus County Fire Marshal's Office in the event that atmospheric conditions or local circumstance make such fire hazardous. (3) Local conditions that may warrant a burning ban include, but are not limited to: (A) Flammable and /or combustible liquid spills or leaks close to a burning site. (B) A hazardous materials incident where the proximity of the burn site could cause a possible ignition source or prove hazardous to operations controlling the incident. (C) The proximity of adjacent structures or other such hazards. (4) In the event a burning ban is issued all permit holders shall be notified through the news media that the permit is invalid and fires shall be extinguished immediately. In conjunction with North Carolina Forest Service burning ban the Cabarrus County Fire Marshal's Office shall issue a burning ban of all -open burning within 100 feet of a structure and all fires shall be extinguished immediately. The local press shall be notified by the Fire Marshal's Office that such ban is in effect and that no permits will be issued until such ban is lifted and no open burning will be allowed. (5) Any burning ban issued by the Fire Marshal's Office shall be repealed in the same manner. (f) Extinguishing illegal fires, nuisance burning, and fires when burning bans are in effect or all other fires that fall under this ordinance, the N. C. Fire Code and the State regulations. (1) The responding fire department has the authority to extinguish any fire that does not meet this ordinance, the N. C. Fire Code and State regulations which includes but are not limited to illegal fires, nuisance burning and fires when burning bans are in effect. (2) The Fire Marshal's Office or its authorized representative has the authority to extinguish any fire that does not meet this ordinance, the N. C. Fire Code and State regulations which includes, but are not limited to illegal fires and nuisance burning and fires when burning bans are in effect. If any citations are to be issued that fall under this ordinance, it will be done by the Fire Marshal's Office.