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When not prohibited by other laws or by other officials having jurisdiction, and provided that a nuisance is not created, the following types of open burning are permissible without the necessity of securing a permit:

A. In devices for the primary purpose of preparing food such as outdoor grills and fireplaces.

B. Campfires and fires used solely for recreational purposes where such fires are under the control of a responsible person.

C. In indoor fireplaces.

D. Properly operated industrial flares for combustion of flammable gases.

E. Under the following conditions described in Section 26-13-16, Utah Code Annotated 1953, provided due care is used in the control of the burning and that the individual notifies the fire department of the approximate time the burning will occur:

1. The burning of prunings from trees, bushes, and plants, or of dead or diseased trees, bushes, and plants, including stubble, incident to horticultural or agricultural operations. An operation shall be deemed an agricultural/horticultural operation only if it meets the Davis County board of health definition;

2. The burning of weed growth along ditch banks incident to cleaning these ditches for irrigation purposes; and

3. The controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating shall not violate minimum standards set by the State Air Conservation Committee. [Code 2000 § 14-3-2].