COUNTY OF HORRY )

) ORDINANCE -18
STATE OF SOUTH CAROLINA )

AN ORDINANCE AMENDING SECTION 20-451 (OUTDOOR BURNING), OF ARTICLE IX

(MISCELLANEOUS PROSCRIBED CONDUCT), OF CHAPTER 20 (PUBLIC NUISANCES AND
INFRACTIONS), HORRY COUNTY CODE OF ORDINANCES, SO AS TO PROVIDE FOR
RESTRICTED FIRE ZONES IN THE UNINCORPORATED AREAS OF HORRY COUNTY

WHEREAS, on October 6, 2009, County Council enacted Ordinance 80-09 providing for the
regulation of outdoor burning within the unincorporated area of Horry County; and

WHEREAS, Ordinance 80-09 has been codified and appears in Chapter 20, Article IX of the Horry
County Code of Ordinances; and

WHEREAS, in recognition of the increased density of population in certain areas of the County,
and the dangers inherent in the use of fire, and in the interest of the health, welfare, and safety of
the citizens, residents, and visitors of Horry County, and the peaceable enjoyment of one's
property, it shall be the policy of the County to discourage outdoor burning within and in close
proximity to the more densely populated and developed areas of unincorporated Horry County.

NOW, THEREFORE, by the power and authority granted to the Horry County Council by the
Constitution of the State of South Carolina and the powers granted to the County by the General
Assembly of the State, the following hereby is ordained and enacted:

1. CODE AMENDMENT. Section 20-451 of Article IX of Chapter 20, Horry County Code of
Ordinances, is hereby amended as follows (words crossed through indicate deletions, words
underlined indicate additions):

Sec. 20-451. - Outdoor burning.

(a) Definition. "Major residential subdivision" shall mean a large-scale division of a tract or
parcel of land into eleven (11) or more lots or units for residential purposes, which has been
granted final approval by the Horry County Planning Department, which has been
subsequently recorded, and which is located in the urban jurisdiction area of the subdivision
regulations.”Major residential development” shall mean a development of eleven (11) or more
lots or units for residential purposes, located within the unincorporated area of the County.

(b) Prohibition. It shall be a violation of this article for any person to kindle or maintain any
open burning or authorize any such fire to be kindled or maintained within a platted major
residential subdivisionmajor residential development within the county, or within two hundred
(200) feet of a platted major residential subdivisionmajor residential development in the
county, upon issuance by the South Carolina Forestry Commission of a red flag fire alert
covering the area of the anticipated burn, and throughout the entire time period the alert
remains in effect.

(c) [Compliance.] Any and all open burning must be conducted in accordance with all
applicable federal, state, and local laws and regulations including, without limitation, the South
Carolina Prescribed Fire Act, S.C. Code, section 48-35-10 et seq., and DHEC Air Pollution
Control Regulations and Standards, specifically 24A S.C. Code Ann. Regulations R 61-62.2
and R 61-62.4. No open burning shall be conducted which results in the creation of nuisance
conditions, including undesirable levels of smoke.

(d) Authority to prohibit permitted burnings. The Horry County Administrator or his/her
designee(s), at the recommendation of the county's fire chief or other appropriate official, may
prohibit open burning that is otherwise authorized by this section when atmospheric
conditions, local circumstances or other conditions exist that, in the determination of such
official, would make such fires hazardous.

(e) Restricted Fire Zones. Notwithstanding (a) – (c), above, all open burning is prohibited
from the Atlantic Intracoastal Waterway to the Atlantic Ocean, from the North Carolina/South
Carolina state line to the Horry County/Georgetown County county line.

(ef) Exemptions. The provisions of this section do not apply to the following, unless
specifically prohibited by action taken pursuant to subsection (d), above:

(1) Vegetative debris burning related to forestry, wildlife, and agricultural burns
authorized by the South Carolina Forestry Commission, provided no nuisance
conditions are created.
(2) Any burning in connection with the preparation of food for immediate
consumption, or campfires and fires used solely for recreational purposes,
ceremonial occasions, or human warmth (such as outdoor fireplaces, heaters,
grills, stoves, fire pits, chimeras, woodstoves, etc.) , so long as such burnings
are properly contained, continuously monitored, and performed in a safe
manner, and provided no nuisance conditions are created.
(3) Fires set for the purposes of training public firefighting personnel when
authorized by the appropriate governmental entity, and fires set by a private
industry as a part of an organized program of drills for the training of firefighting
personnel. These will be exempt only if the drills are solely for the purposes of
firefighting training and the duration of the burning is held to the minimum
required for such purposes. Prior approval by the county's fire chief or his/her
designee is required for sites which are not previously approved and
established training sites.
(4) Fires set by or at the direction of a public official in the performance of an
official operation, function, or duty.

(fg) Liability. Any burning not expressly prohibited by the provisions of this section shall not
relieve the individual responsible for such burning from the consequences of or the damages
or injuries resulting from the burning, or from any civil or criminal liability which may occur as a
result of such burning, and shall not exempt or excuse the individual from complying with
other applicable laws and with ordinances, regulations, and orders of governmental entities
having jurisdiction. Any person setting an outdoor fire shall be responsible for all fire
suppression costs and expenses.

(gh) Administration and enforcement. The provisions of this section shall be administered and
enforced by the Horry County Administrator and/or his/her designated representative(s). In
addition to imposing the penalties provided in section 1-8 of this Code, such official and/or
his/her designee(s) are authorized to take whatever measures necessary to extinguish any
fire prohibited by this section.

(Ord. No. 80-09, § 1, 10-6-09; Ord. No. -18, § 1, - -18)

2. SEVERABILITY. If any Section, Subsection, or part of this Ordinance shall be deemed or
found to conflict with a provision of South Carolina law, or other pre-emptive legal principle, then
that Section, Sub-section or part of this Ordinance shall be deemed ineffective, but the remaining
parts of this Ordinance shall remain in full force and effect.

3. CONFLICT WITH PRECEDING ORDINANCES. If a Section, Sub-section or provision of this

Ordinance shall conflict with the provisions of a Section, Sub-section or part of a preceding
Ordinance of Horry County, unless expressly so providing, then the preceding Section, Sub-
section or part shall be deemed repealed and no longer in effect.

4. EFFECTIVE DATE. This Ordinance shall become effective on Third Reading.

AND IT IS SO ORDAINED, ENACTED AND ORDERED.

Dated this _____ day of ____________, 2017.

HORRY COUNTY COUNCIL

________________________________________
Mark Lazarus, Chairman

Harold G. Worley, District 1 Harold Phillips, District 7

Bill Howard, District 2
Dennis DiSabato, District 3
Gary Loftus, District 4
Tyler Servant, District 5
Cam Crawford, District 6
Johnny Vaught, District 8
W. Paul Prince, District 9
Danny Hardee, District 10
Al Allen, District 11

Attest:

__________________________________
Patricia S. Hartley, Clerk to Council

Date of First Reading:

Date of Second Reading:
Date of Third Reading: