CITY ORDINANCES RELATED TO CARLSBAD FIRE DEPARTMENT
CITY ORDINANCE: FIREWORKS
City of Carlsbad Code of Ordinances
From Sec. 20-66. Prohibited acts.
(b) No person shall possess for retail sale, sell, or offer for sale at retail or possess or use any fireworks other than “permissible fireworks” as that term is defined by state statute,except that no person shall possess for retail sale, sell, or offer for sale at retail or possessor use any aerial device or ground audible device.
(c) No person shall use, ignite, explode, or discharge any ground audible device within the corporate limits of the city.
(d) No person shall use, ignite, explode, or discharge any aerial device within the corporate limits of the city.
(k) No person shall ignite any fireworks within a motor vehicle or throw fireworks from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people.
(m) No person shall use, ignite, explode or discharge any firework on any public park, public roadway, public alley, public easement or public body of water within the city except for public fireworks displays approved by the city council.
(n) No person shall use, ignite, explode or discharge any firework on the property of another without the owner’s consent.
(p) No person shall use, ignite, explode or discharge any firework after 10:00 p.m. except as expressly permitted by a display fireworks permit secured as required by section 20-67.
New Mexico State Statutes:
60-2C-7. Permissible Fireworks.
A. Permissible fireworks are:
(1) ground and hand-held sparkling devices:
(a) cone fountains;
(b) crackling devices;
(c) cylindrical fountains;
(d) flitter sparklers;
(e) ground spinners;
(f) illuminating torches; and
(g) wheels;
60-2C-10. Penalty; criminal.
A. Any individual, firm, partnership or corporation that violates any provision of the Fireworks Licensing and Safety Act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one year, or both.
OPEN BURNING REGULATIONS
Controlled Burns, Prescribed Burns, Yard Burning, Weed Burning, etc.
| CITY OF CARLSBAD – Open Burning Regulations | STATE OF NEW MEXICO – Open Burning Regulations |
|
Report Violations, Questions, Comments or Concerns: |
|
|
PHONE: |
ONLINE: |
*NOTICE: Prior to conducting open burning of ANY kind, be sure to consult the State of NM Open Burning Regulations for compliance with NM Air Quality Regulations.
CITY OF CARLSBAD -OPEN BURNING & RECREATIONAL FIRES REGULATIONS
CODE OF ORDINANCES OF THE CITY OF CARLSBAD – CHAPTER 20, ARTICLE II, SECTION 20-26
ADOPTION OF THE INTERNATIONAL FIRE CODE 2006 – SECTION 307
307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
307.1.1 Prohibited open burning. Open burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
307.2.1 Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
307.3 Extinguishment authority. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation.
307.4 Location. The location for open burning shall not be less than 50 feet (15 240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15 240 mm) of any structure.
Exceptions
1. Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.
2. The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.
307.4.1 Bonfires. A bonfire shall not be conducted within 50 feet (15 240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet (15 240 mm) of a structure shall be eliminated prior to ignition.
307.4.2 Recreational fires. Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.
307.5 Attendance. Open burning, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
STATE OF NEW MEXICO – OPEN BURNING REGULATIONS
TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 2 AIR QUALITY (STATEWIDE)
PART 60 OPEN BURNING
20.2.60.1 ISSUING AGENCY: Environmental Improvement Board.
20.2.60.2 SCOPE: All geographic areas within the jurisdiction of the environmental improvement board.
20.2.60.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Sections 74-1-1 to -15, including specifically Subsections 74-1-8(A) (4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 to -22, including specifically Subsections 74-2-5(A), (B) and (C).
20.2.60.4 DURATION: Permanent.
20.2.60.5 EFFECTIVE DATE: December 31, 2003, except where a later date is cited at the end of a section.
20.2.60.6 OBJECTIVE: The objective of this part is to protect public health and welfare by establishing controls on pollution produced by open burning. This part does not preempt any more stringent controls on open burning provided in:
A. any other New Mexico statute or regulation, or any local law, ordinance or regulation; or
B. any lawfully issued restriction on open burning, including those that may be issued for prevention of wildfires.
20.2.60.7 DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this part:
A. “air pollution episode” means an air pollution alert, warning, or emergency issued by the department pursuant to the air pollution episode contingency plan for New Mexico, as included in New Mexico’s state implementation plan as adopted by the environmental improvement board, and Section 74-2-10 NMSA 1978;
B. “household waste” means any waste including garbage and trash, derived from households
including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas;
C. “nonattainment area” means an area which has been designated under Section 107 of the federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by the federal environmental protection agency;
D. “open burning” means any manner of burning, whether caused, suffered or allowed, not in a device or chamber designed to achieve combustion, where the products of combustion are emitted, directly or indirectly, into the open air; open burning does not include detonation of manufactured explosives;
E. “part” means an air quality control regulation under Title 20, Chapter 2, of the New Mexico administrative code, unless otherwise noted, as adopted or amended by the board;
F. “pile volume” means the gross volume of a pile, including the air space between solid constituents, as calculated from the overall dimensions and shape of the pile;
G. “salvage operation” means any operation to salvage or reclaim any material for use or sale, such as reprocessing of used motor oils, metals, wire, chemicals, shipping containers, or drums, and specifically including automobile graveyards and junkyards; and
H. “vegetative material” means plant material, including:
(1) grass, grass clippings, leaves, conifer needles, bushes, shrubs, trees, and clippings from bushes, shrubs and trees, resulting from maintenance of yards or other private or public lands; and
(2) wood waste, clean lumber, wood and wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings, which have not been painted, pigment-stained, or treated with compounds containing chromium, copper, arsenic, pentachlorophenol, or creosote.
20.2.60.8 to 20.2.60.107 [RESERVED]
20.2.60.108 RESTRICTIONS ON OPEN BURNING:
Any open burning not expressly allowed, not expressly prohibited, or not otherwise specifically addressed under this part or 20.2.65 NMAC (Smoke Management) shall be conducted only pursuant to 20.2.72 NMAC, upon issuance of a construction permit under 20.2.72 NMAC, regardless of the applicability requirements contained in 20.2.72 NMAC. Open burning as allowed or prohibited in this part is not considered a stationary source as defined in other parts of Title 20, Chapter 2, NMAC.
20.2.60.109 UNRESTRICTED OPEN BURNING:
A. Open burning is allowed for recreational and ceremonial purposes, for barbecuing, for heating purposes in fireplaces, for the noncommercial cooking of food for human consumption and for warming by small wood fires at construction sites. This subsection does not apply to open burning for the purpose of waste disposal.
B. Open burning of natural gas is allowed at gasoline plant and compressor stations and when used or produced in drilling, completion and workover operations on oil and gas wells, when necessary to avoid serious hazard to safety.
20.2.60.110 OPEN BURNING OF HOUSEHOLD WASTE:
A. Applicability:
(1) This section (20.2.60.110 NMAC) applies to open burning of household waste, except for household waste that consists solely of vegetative material as defined in 20.2.60.7 NMAC.
(2) This section (20.2.60.110 NMAC) does not apply to any kind of salvage operation. Open burning as part of a salvage operation is prohibited.
B. Effective June 1, 2004, open burning of household waste, other than vegetative material as defined in 20.2.60.7 NMAC, is prohibited.
C. Prior to June 1, 2004, open burning of household waste is allowed where all of the following conditions are met:
(1) household waste shall not be burned on property other than that property where it was generated;
(2) household waste shall not be burned on property which is served by any on-premises or curbside refuse collection service operated or contracted by a regional waste authority, county, or incorporated city, town, or village;
(3) household waste shall not be burned on any property less than ten miles by road from a convenience center, transfer station, or other receptacle made available for public use by a regional waste authority, county, or incorporated city, town, or village for the deposition and collection of refuse;
(4) household waste shall not be burned at any location nearer than three hundred feet from any occupied dwelling, workplace, or place where people congregate, on property owned by, or under possessory control of, another person;
(5) burning of the following materials is prohibited:
(a) natural or synthetic rubber products, including tires;
(b) waste oil or used oil filters;
(c) insulated wire;
(d) plastic, including polyvinyl chloride (“PVC”) pipe, tubing, and connectors;
(e) tar, asphalt, asphalt shingles, or tar paper;
(f) railroad ties;
(g) wood, wood waste, or lumber which has been painted or which has been treated with preservatives containing arsenic, chromium, pentachlorophenol, or creosote;
(h) batteries;
(i) motor vehicle bodies or interiors;
(j) pathogenic wastes; and
(k) asbestos or asbestos containing materials;
D. Auxiliary fuel or incendiary devices may be used to start the burning allowed by this section, provided that:
(1) no oil heavier than number two diesel shall be used; and
(2) no more than the minimum amount of auxiliary fuel necessary to start the fire shall be used.
20.2.60.111 OPEN BURNING OF VEGETATIVE MATERIAL:
A. Applicability:
(1) This section (20.2.60.111 NMAC) applies to open burning of vegetative material as defined in 20.2.60.7 NMAC, for purposes of disposal of such material, provided that burning of areas with non-piled vegetative material does not exceed ten acres per day, or burning of piled vegetative material, including material gathered in a pit or open container, does not exceed one thousand cubic feet of pile volume [THIS IS A PILE THAT IS NO MORE THAN 7 FEET HIGH AND WITHIN A 15 FOOT DIAMETER CIRCLE] per day. In determining daily burn area and daily burn pile volume, areas or piles that are within three hundred feet of each other shall be considered to constitute a single burn if the burning occurs on the same day and on property under ownership or possessory control of the same person. Burning in excess of these daily limits is subject to 20.2.65 NMAC (Smoke Management).
(2) This section does not apply to any open burning of vegetative material which is subject to 20.2.65 NMAC.
(3) Open burning of vegetative material is prohibited in nonattainment areas.
B. Open burning of vegetative material under this section shall meet the following requirements:
(1) burning shall be conducted at least three hundred feet from any occupied dwelling, workplace, or place where people congregate, which is on property owned by, or under possessory control of, another person; burning that does not meet this requirement is subject to 20.2.65 NMAC (Smoke Management);
(2) burning shall begin no earlier than one hour after sunrise, and shall be extinguished no later than one hour before sunset; burning outside of this time limitation is subject to 20.2.65 NMAC (Smoke Management);
(3) burning shall be attended at all times;
(4) the appropriate local fire department or dispatch or firefighting authority shall be notified prior to burning;
(5) for burns exceeding one acre per day or one hundred cubic feet of pile volume [THIS IS A PILE THAT IS NO MORE THAN 3 FEET HIGH AND WITHIN A 7 FOOT DIAMETER CIRCLE] per day, the burner shall provide prior notice of the date and location of the burn to all households within one quarter of a mile of the burn;
(6) burning shall be in compliance with 20.9.1 NMAC (Solid Waste Management);
(7) burning shall not be conducted when an air pollution episode is in effect;
(8) auxiliary fuel or incendiary devices may be used to ignite the burning allowed by this section, provided that:
(a) no oil heavier than number two diesel shall be used; and
(b) no more than the minimum amount of auxiliary fuel necessary to complete the burn shall be used;
(9) polyethylene sheeting may be burned with the vegetative materials, provided that:
(a) the sheeting has been covering piled vegetative material for at least one month prior to burning;
(b) the amount of sheeting burned is no more than the minimum necessary to cover the pile;
(c) removal of the sheeting before burning is impractical; and
(d) the burner is able to provide evidence, such as purchase records or package labeling, that the sheeting is polyethylene and not some other form of plastic;
(10) the burner shall consider alternatives to burning prior to igniting a burn; and
(11) material to be burned shall be as dry as practicable.
20.2.60.112 BURNING OF MATERIALS AND STRUCTURES FOR FIREFIGHTER TRAINING:
Burning of structures, buildings, facilities or materials for purposes of instruction and training of bona fide firefighting and fire-rescue personnel is allowed, provided that:
A. all regulated asbestos-containing material is removed prior to burning, in accordance with 40 CFR 61, Subpart M (National Emission Standard for Asbestos); and
B. the department is notified, prior to burning, using the form provided by the department.
20.2.60.113 OPEN BURNING OF HAZARDOUS WASTE:
Open burning of hazardous waste, as defined in the New Mexico Hazardous Waste Act, NMSA 1978, Sections 74-4-1 to -14, is allowed only when conducted in compliance with interim status regulations, or a permit issued, pursuant to the New Mexico Hazardous Waste Act and any other permits issued by the department.
20.2.60.114 EMERGENCY BURNING:
Open burning is allowed for purposes of eliminating an imminent danger to public health, safety, or the environment, provided that:
A. no other practical and lawful method of abatement or disposal is available;
B. an emergency response specialist has determined that the situation requires immediate and expeditious action;
C. the burning is in compliance with all other applicable state laws and regulations; and
D. notice is provided to the department as soon as practical, but at least within two weeks after the burn.