Open burning ordinance proposed

Area fire chiefs have proposed local regulations on open burning.

Jay County Commissioners reviewed a draft ordinance Tuesday that would regulate controlled fires.

Jay Emergency Management Agency director Samantha Rhodehamel explained she and Jay County fire chiefs have been working on the draft ordinance, pointing to similar legislation passed in other Indiana counties. 

Per the ordinance, open burning allowed in the county would include the burning of charcoal, clean, untreated wood and other cooking fuels used in outdoor grills, cooking devices or campfires. It also allows fires used for recreational or ceremonial purposes — the ordinance lists school pep rallies and scouting activities as examples — as long as they adhere to the following criteria:

•They must use clean, untreated wood or charcoal, with paper or petroleum products to be used for ignition purposes only

•The fire may not be ignited for more than two hours before the corresponding recreational activity takes place and must be extinguished at the end of the activity

•The pile must be less than 1,000 cubic feet

•Jay County 911 Dispatch Center must be notified before lighting piles more than 125 cubic feet.

Commissioners president Chad Aker pointed out the ordinance would act separately from burn bans imposed in the county, such as the ongoing ban effective through the end of the month. (Burn bans are imposed through emergency declarations and are enacted temporarily amid dry conditions.) 

Open burning of non-wood products is allowed with a permit from Indiana Department of Environmental Management. 

Fires creating air pollution issues, a nuisance or deemed a fire hazard would be extinguished. They would need to be attended at all times until extinguished. Fires would not be allowed within 300 feet of a pipeline or fuel storage area.

First-time violations would result in a verbal warning, with the violation to be corrected immediately by extinguishing the fire. Failure to do so would result in a citation and grant the responding fire department the authority to enter private property to extinguish the fire and bill property owners for run costs. Unattended fires in violation of the ordinance would result in an immediate citation being issued to the landowner.

Citations would include a $500 fine for first offenses. Further offenses would result in $1,500 fines.

“Any person who allows the accumulation or existence of combustible material which constitutes or contributes to open burning may not refute liability for violation of this ordinance on the basis that said fire was set by vandals, accidental, or act of God,” the proposed ordinance also says.

Rhodehamel said area fire chiefs proposed the ordinance to help keep properties safe and fires under control.

Commissioners president Chad Aker, who also serves as a Portland firefighter, agreed it’s a good idea. He recalled times he and other firefighters have had to cite individuals for illegally burning of materials such as tires.

Aker questioned how the ordinance would impact Jay County Surveyor’s Office and Jay County Highway Department amid ditch clearing efforts. Rhodehamel noted the ordinance may be amended to include language about the departments’ work. 

Portland Fire Chief Mike Weitzel suggested commissioners review the ordinance and discuss potential additions with the county attorney. Commissioners then agreed to table it.

In related news, commissioners also approved an extension of a burn ban in Jay County through Oct. 31. The ban will be in effect until rescinded by commissioners or terminated by Jay County fire chiefs.

Also, commissioners tabled a resolution handed down from the state regarding energy.

The resolution would formally voice support for data centers or other large energy industries. Among other actions, it also says the county would streamline permitting, collaborate with the community to address noise, traffic and environmental impact concerns, encourage sustainability goals and "work with utility providers to ensure adequate power, water, and broadband infrastructure to support data center operations."

Aker voiced concerns about approving the resolution without having ordinances yet in place regarding data centers or other energy facilities, such as battery storage. Jay County Plan Commission is in the midst of creating ordinances to regulate such facilities, with hopes to have legislation by the end of the year.

Jay County Development Corporation executive director Ceann Bales supported the decision to hold off on approving the resolution until ordinances are put in place. She said she would communicate with regional organization Forge ECI director Caitlin Hancock on the matter.

In other business, commissioners Duane Monroe, Doug Horn and Aker:

•Approved a $246,500 agreement with engineering firm SJCA of Indianapolis for rehabilitation — a more affordable alternative to replacement — of the bridge along county road 75 South west of Indiana 67, the bridge along county road 400 South west of 500 East and the bridge on Fort Recovery Road west of State Line Road.

•Heard about disputes with right-of-way access for bridge work along county road 350 West north of Indiana 26 and 1100 West south of Indiana 26, with landowners asking for an additional $5,000 an acre. The county has been pursuing a federal grant for the work for the last few years.

•Shared news with Jay County Redevelopment Commission member Chuck Huffman about Portland City Council’s decision to contribute $400,000 to the 68-acre infrastructure project on the west side of Portland. (It’s contingent on receiving the remaining cost from redevelopment commission.) Aker asked for redevelopment commission to contribute $400,000, with Huffman saying he had understood previously that it would be asked for $235,000. Aker pointed to inflation and other rising costs.

•Tabled a debris management plan with Jay County Emergency Management Agency, a state template for a plan detailing how to handle debris in the event of an emergency situation such as a tornado or flood.

•Approved the following: an annual agreement with Jay County Purdue Extension Office; amendments to the annual animal control contract with Jay County Humane Society in order to match the county’s contract language requirements; an additional $7,200 for work to be completed on steps at Jay County Courthouse; an agreement saying security does not need to be present for meetings after regular business hours at the courthouse; right-of-way utility work along county road 150 South west of Blaine Pike and at 484 S. 200 West, Portland.

•OK’d making Monroe the spokesperson for commissioners in relation to the public safety building project. Hopes are to build a multi-faceted facility housing Jay Emergency Medical Service, Jay County Health Department and Jay County Coroner’s Office. Aker said he would still like to be involved with the design process. He also said engineering firm MSS Engineering has said there will be an additional cost to design the project on the land around the current JEMS building, noting it wasn’t in the original scope of work proposed.

•Heard from Bales about programs available to the county. She explained a couple partnerships originally proposed by former community coordinator Darlesia Lee with Thrive West Central and Club 720, with the former serving as a regional housing initiative and the latter offering the Hoosier Homes program to help residents purchase a house. 

•OK’d utilizing the courthouse for Winterfest activities in November, with a Christmas tree lighting ceremony at 5:30 p.m. Nov. 21 and a Santa Claus visit from 7:30 to 8:30 p.m. Nov. 22.

•Heard courthouse superintendent Bruce Sutton’s last day will be Oct. 28. Plans are to begin looking for his replacement in coming weeks.