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March 19, 2018 (Regular Meeting) Page 3988 <br />(1) In the event that the Cabarrus County Fire Marshal's Office issues a <br />ban on outdoor burning within 100 feet of a structure, then all local Open <br />Burning Permits issued shall be deemed invalid with no issuance of any new <br />permits until such ban is lifted by the Cabarrus County Fire Marshal's Office. <br />During this ban, no open burning shall be conducted at all within 100 feet of <br />a structure; this includes any outdoor burning at residences. A civil citation <br />will be issued for violations. <br />(2) A burning ban on outdoor burning within 100 feet of a structure may <br />be issued by the Cabarrus County Fire Marshal's Office in the event that <br />atmospheric conditions or local circumstance make such fire hazardous. <br />(3) Local conditions that may warrant a burning ban include, but are not <br />limited to: <br />(A) Flammable and/or combustible liquid spills or leaks close <br />to a burning site. <br />(B) A hazardous materials incident where the proximity of the <br />burn site could cause a possible ignition source or prove hazardous <br />to operations controlling the incident. <br />(C) The proximity of adjacent structures or other such <br />hazards. <br />(9) In the event a burning ban is issued all permit holders shall be <br />notified through the news media that the permit is invalid and fires shall be <br />extinguished immediately. In conjunction with North Carolina Forest Service <br />burning ban the Cabarrus County Fire Marshal's Office shall issue a burning ban <br />of all -open burning within 100 feet of a structure and all fires shall be <br />extinguished immediately. The local press shall be notified by the Fire <br />Marshal's Office that such ban is in effect and that no permits will be issued <br />until such ban is lifted and no open burning will be allowed. <br />(5) Any burning ban issued by the Fire Marshal's Office shall be repealed <br />in the same manner. <br />(f) Extinguishing illegal fires, nuisance burning, and fires when burning bans <br />are in effect or all other fires that fall under this ordinance, the N. C. Fire <br />Code and the State regulations. <br />(1) The responding fire department has the authority to extinguish any <br />fire that does not meet this ordinance, the N. C. Fire Code and State regulations <br />which includes but are not limited to illegal fires, nuisance burning and fires <br />when burning bans are in effect. <br />(2) The Fire Marshal's Office or its authorized representative has the <br />authority to extinguish any fire that does not meet this ordinance, the N. C. <br />Fire Code and State regulations which includes, but are not limited to illegal <br />fires and nuisance burning and fires when burning bans are in effect. if srrp <br />(3) The Fire Marshal's Office or its authorized representative does not <br />have to be present to order the extinguishment of the fire. If the owner or <br />person burning refuses to let the fire department extinguish the fire then the <br />fire department can have the Fire Marshal's Office paged and a representative <br />from that office will respond to assist the fire department. <br />(4) The Fire Marshal's Office may respond to any nuisance burning when <br />the person will not allow the fire department to extinguish the fire. <br />(5) The Fire Marshal or a representative of that office may respond to <br />any illegal burning when requested. The Fire Marshal or a representative of <br />that office does not need to be present to order the fire extinguished. The <br />fire department can extinguish the fire and fax any information about the fire <br />to the Fire Marshal's Office and they will investigate. If there is a problem <br />with the person who is burning, the Fire Marshal or a representative of that <br />office will respond to assist the fire department. <br />(6) If any citations are to be issued that fall under this ordinance or <br />N. C. Fire Code it will be issued by the Fire Marshal's Office. <br />Adopted this 19n, day of March, 2018. <br />