Burning Information

General Information

All burning requires that you contact the Department of Forestry and the City of DeLand Fire Department the day of, and prior to, burning to determine whether there are conditions restricting burning. 

The AHJ shall have the authority to prohibit any or all open flames, candles, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous. 

The use of unmanned, free-floating sky lanterns and similar devices utilizing an open flame shall be prohibited.

The AHJ shall be authorized to require any fire or smoke to be immediately discontinued if the fire is determined to constitute a hazardous condition.

All other applicable laws, rules, or ordinances shall be met by the responsible party.

Department of Forestry Note

It is illegal to burn garbage to include paper products, treated lumber, plastics, rubber materials, tires, pesticides, paint, and aerosol containers.

Declaration of a Burn Ban

If a burn ban is declared due to hazardous conditions, all outdoor burning, unless authorized by the Department of Forestry, including, but not limited to, the burning of yard trash, bonfires, campfires, warming fires, and cooking fires is hereby prohibited subject to an administrative order being issued by the City Fire Chief, or designee, so declaring. Outdoor cooking done within a contained gas or charcoal grill (excluding a fire pit) is exempt from this prohibition when accomplished in a safe manner.

Definitions

Recreational Fire:

The noncommercial burning of materials other than rubbish for pleasure, religious, ceremonial, cooking, or similar purposes in which the fuel burned is not contained in an incinerator, a barbecue grill, or a barbecue pit, and the total fuel area is not exceeding 3 ft in diameter and 2 ft in height.

Cooking Fire:

The noncommercial, residential burning of materials not exceeding 3 ft in diameter and 2 ft in height, other than rubbish in which the fuel burned is contained in an outdoor fireplace, a barbecue grill, or a barbecue pit for the purpose of preparing food.

Open Burning:

Burning where the smoke is emitted directly into the air and not through a chimney or similar method.

References

City of DeLand Ordinances

NFPA 1, Chapter 10

Department of Forestry Burning Regulations

Permitted burning must meet the following requirements:

• When burning is conducted on public property or the property of someone other than the permit applicant, the permit applicant shall demonstrate that permission has been obtained by the appropriate government agency, the owner, or the owner’s authorized agent. 
• Yard waste must have been generated on the residential premises of not more than two family units and the burning must take place on the same property.
• Instructions or stipulations of permit shall be followed. 
• Conditions that could cause a fire to spread within 25 ft of a structure shall be eliminated prior to ignition.
• Open, recreational, and cooking fires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.
• Welding torches, tar pots, decorative torches, and other devices, machines, or processes liable to start or cause fire shall not be operated or used in or upon any areas, except by permit from the AHJ. 
• The fire is enclosed in a noncombustible container or is restricted to a pile no greater than 8 ft in diameter built upon ground cleared of all combustible material.
• Any fire in a noncombustible container is covered with wire mesh to keep sparks from flying out and starting fires.
• The moisture content and composition of material to be burned is favorable to good burning which will minimize smoke.
• Except as provided herein and at Subsections 62-256.700 (8) and (9) of the Florida Administrative Code, any other open burning of yard waste is allowed only if such burning is conducted using a department permitted air curtain incinerator operated in compliance with the provisions of Rule 62-296.401 of the Florida Administrative Code, and any other terms of the unit’s air permit.
• The open burning must meet the requirements of the Department of Forestry.

Permits are not required for cooking and recreational fires so long as the following conditions are met. It is the responsibility of the homeowner to meet these requirements.

• Permanent barbecues, portable barbecues, outdoor fireplaces, or grills shall not be used for the disposal of rubbish, trash, or combustible waste material. 
• Recreational fires shall not be located within 25 ft of a structure or combustible material unless contained in an approved manner. In addition, if the burning does not meet the Department of Forestry requirements, a burn authorization from the Department of Forestry is required.
• Conditions that could cause a fire to spread within 25 ft of a structure shall be eliminated prior to ignition.
• Open, recreational, and cooking fires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.
• For other than one- and two-family dwellings, no hibachi, grill, or other similar device used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 ft of any structure. 
• For other than one- and two-family dwellings, no hibachi, grill, or other similar device used for cooking shall be stored on a balcony. 
• Listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer’s instructions shall be permitted. 
• Incinerators, outdoor fireplaces, permanent barbecues, and grills shall not be built, installed, or maintained without prior approval of the AHJ. They shall be maintained in good repair and in safe condition at all times. Openings shall be provided with an approved spark arrester, screen, or door.
• Welding torches, tar pots, decorative torches, and other devices, machines, or processes liable to start or cause fire shall not be operated or used in or upon any areas, except by permit from the AHJ. 
• Yard waste must have been generated on the residential premises of not more than two family units and the burning must take place on the same property.
• Fire is ignited after 9 AM ET and extinguished no later than 1 hour before sunset.

For full information on Department of Forestry requirements, please contact them at 386 585 6150 or visit their site. For authorization information, please contact 386 585 6151. Below are some highlights of the Department of Forestry requirements. These requirements are subject to change through the Department of Forestry and should be verified directly with the Department of Forestry to ensure that you abide by all laws and requirements.

Department of Forestry Burn Authorizations are required for the following:

• Agricultural Burning
• Silvicultural Burning
• Land Clearing
• Pile Burning
• Acreage Burning

Pile Burning

Piles greater than 8 ft in diameter require a burn authorization. You are required to have suppression equipment on hand.

Requirements to Meet to not require a Department of Forestry Burn Authorization:

• Pile less than 8 ft diameter
• Meets setbacks
  • 25 ft from forests
  • 50 ft from paved public roads
  • 25 ft from your own home
  • 150 ft from other occupied buildings
• Fire is ignited after 9 AM ET and extinguished 1 hour before sunset.
• No special restrictions in the area at the time of the burn.

Burn permits are to be turned into the City of DeLand Fire Department. There is a $25.00 fee for all permitted burning. Payments can be processed through the City of DeLand Customer Service Department located on the 1st floor of City Hall.