It was a draw. Stalemate. While I am preface this by saying I am NOT an attorney, I do feel that through my business law classes and experience in government regulated businesses (real estate and insurance) I think I have a good handle on how the legal system works. But recently I discovered a new part of the law that I had previously not been exposed to: the Ohio Administrative Code. Did you know… “With few exceptions, most types of open burning are prohibited in Ohio“… this is a quote directly from the pamphlet entitled Open Burning - A Guide to Open Burning Safely and Legally, published by Hamilton County [Ohio] Environmental Services with input from the US and Ohio EPA.
This past Sunday I decided it was time to get rid of the six-foot tall pile of tree branches and yard waste in my back yard. Yes, it’s been a busy summer of trimming pine trees here in Cincinnati. I did not want to send all of this to the landfill, and I did not want to pay some tree trimmer to haul it away. Why not burn it? Well, apparently this is against the law… er, administrative code… in Ohio. One of my neighbors called the police on me for having an “open burn” as the officer called it. I didn’t see what the big deal was… I had two fire extinguishers, a charged hose, and two buckets of water. Doesn’t matter, even if the fire is well-controlled I did not have a permit.
The Permit Process:
1) Call the local fire department and request application for the Open Burn. You must specify what you are burning and when you will burn it. You should schedule this at least two weeks in advance I’m told.
2) Submit application to fire department. Upon fire department approval, go to step 3.
3) Submit fire department approved permit application along with any county fee to the county’s department of environmental services division for final approval.
Either one of the two government entities (the fire department or the county environmental services division) can deny the application for a permit, for virtually any reason by the way.
So how does anyone ever get to burn yard waste with all that red tape?!
Ah ha! There are exceptions to the Ohio Administrative Code regarding open burning.
Quoting once again from the same Hamilton County Environmental Services brochure:
The following exceptions are allowed: “cooking for human consumption (e.g. barbecues), heating tar, welding torches, smudge pots, and heating for warmth for outdoor workers.”
Guess who had his 1st Annual Thomas Goodwin Labor Day Cookout this year!!! That’s right… there were hot dogs, sausages, cheddarwursts, and s’mores served up over a pile of burning pine needles. And not only did I make sure I notified the fire and police departments in advance of my legal cookout (as a courtesy of course), I went one step further and invited these two fine public servant departments to my cookout. I would love to see the neighbor’s face when he or she called to report the second fire in as many days only to see the police arrive to partake in a hotdog and Coke.
The moral of this story… wait, let’s not call it a moral. I know what I did was legal but let’s not get into morals and ethics just yet… the little nugget of wisdom I took away from this event was that sometimes you have to look for the legal way to do things even if means making the simple task more complicated. Both days I had a fire. The second one was more work and more involved as it required me to go buy hotdogs, buns, condiments, etc. It made my fire legitmate though, and it was more enjoyable, too. I got to have a cookout with some close friends and even invited (some of) the neighbors.
As always, I welcome your comments and feedback…