Municipal Code

Silverton's Municipal Code Can be Viewed Online at This Link:


Please use common sense while enjoying your outdoor activities here and contact Silverton Town Hall at (970) 387-5522 for more information on what type of outdoor flames are and are not considered permissible under the Town Municipal Code.

The Town of Silverton adopted the 2003 International Fire Code. Below are the regulations for open burning in Town.



307.1 General. A person shall not kindle or maintain or authorizeto be kindled or maintained any open burning unless conductedand approved in accordance with this section.

307.2 Permit required. A permit shall be obtained from thefire code official in accordance with Section 105.6 prior tokindling a fire for recognized silvicultural or range or wildlifemanagement practices, prevention or control of disease orpests, or a bonfire. Application for such approval shall onlybepresented by and permits issued to the owner of the land uponwhich the fire is to be kindled.

307.2.1 Authorization. Where required by state or locallaw or regulations, open burning shall only be permittedwith prior approval from the state or local air and water qualitymanagement authority, provided that all conditions specifiedin the authorization are followed.

307.2.2 Prohibited open burning. Open burning that willbe offensive or objectionable because of smoke or odoremissions when atmospheric conditions or local circumstancesmake such fires hazardous shall be prohibited. Thefire code official is authorized to order the extinguishmentby the permit holder or the fire department of open burningwhich creates or adds to a hazardous or objectionable situation.

307.3 Location. The location for open burning shall not be lessthan 50 feet (15 240 mm) from any structure, and provisionsshall be made to prevent the fire from spreading to within 50feet (15 240 mm) of any structure.
Fires in approved containers that are not less than 15feet (4572 mm) from a structure.
The minimum required distance from a structure shallbe 25 feet (7620 mm) where the pile size is 3 feet (914mm) or less in diameter and 2 feet (610 mm) or less inheight.
307.3.1 Bonfires. A bonfire shall not be conducted within50 feet (15 240 mm) of a structure or combustible materialunless the fire is contained in a barbecue pit. Conditionswhich could cause a fire to spread within 50 feet (15 240mm) of a structure shall be eliminated prior to ignition.
307.3.2 Recreational fires. Recreational fires shall not beconducted within 25 feet (7620 mm) of a structure or combustiblematerial. Conditions which could cause a fire tospread within 25 feet (7620 mm) of a structure shall be eliminatedprior to ignition.

307.4 Attendance. Open burning, bonfires or recreational firesshall be constantly attended until the fire is extinguished. Aminimum of one portable fire extinguisher complying withSection 906 with a minimum 4-A rating or other approvedon-site fire-extinguishing equipment, such as dirt, sand, waterbarrel, garden hose or water truck, shall be available for immediateutilization.



308.1 General. This section shall control open flames, fire andburning on all premises.

308.2 Where prohibited. A person shall not take or utilize anopen flame or light in a structure, vessel, boat or other placewhere highly flammable, combustible or explosive material isutilized or stored. Lighting appliances shall be well-secured ina glass globe and wire mesh cage or a similar approved device.

308.2.1 Throwing or placing sources of ignition. No personshall throw or place, or cause to be thrown or placed, alighted match, cigar, cigarette, matches, or other flaming orglowing substance or object on any surface or article whereit can cause an unwanted fire.

308.3 Open flame. A person shall not utilize or allow to be utilized,an open flame in connection with a public meeting orgathering for purposes of deliberation, worship, entertainment,amusement, instruction, education, recreation, awaiting transportationor similar purpose in assembly or educational occupancieswithout first obtaining a permit in accordance withSection 105.6.

308.3.1 Open-flame cooking devices. Charcoal burnersand other open-flame cooking devices shall not be operatedon combustible balconies or within 10 feet (3048 mm) ofcombustible construction.

One- and two-family dwellings.
Where buildings, balconies and decks are protectedby an automatic sprinkler system.
308.3.1.1 Liquefied-petroleum-gas-fueled cookingdevices. LP-gas burners having an LP-gas container witha water capacity greater than 2.5 pounds [nominal 1pound (0.454 kg) LP-gas capacity] shall not be locatedon combustible balconies or within 10 feet (3048 mm) ofcombustible construction.
Exception: One- and two-family dwellings.

308.3.2 Open-flame decorative devices. Open-flame decorativedevices shall comply with all of the following restrictions:

Class I and Class II liquids and LP-gas shall not beused.
Liquid- or solid-fueled lighting devices containingmore than 8 ounces (237 ml) of fuel must self-extinguishand not leak fuel at a rate of more than 0.25teaspoon per minute (1.26 ml per minute) if tippedover.
The device or holder shall be constructed to preventthe spillage of liquid fuel or wax at the rate of morethan 0.25 teaspoon per minute (1.26 ml per minute)when the device or holder is not in an upright position.
The device or holder shall be designed so that it willreturn to the upright position after being tilted to anangle of 45 degrees from vertical.
Exception: Devices that self-extinguish if tippedover and do not spill fuel or wax at the rate ofmore than 0.25 teaspoon per minute (1.26 ml perminute) if tipped over.

The flame shall be enclosed except where openingson the side are not more than 0.375 inch (9.5mm)diameteror where openings are on the top and the distanceto the top is such that a piece of tissue paperplaced on the top will not ignite in 10 seconds.
Chimneys shall be made of noncombustible materialsand securely attached to the open-flame device.
Exception: A chimney is not required to be attachedto any open-flame device that will self-extinguishif the device is tipped over.

Fuel canisters shall be safely sealed for storage.
Storage and handling of combustible liquids shall bein accordance with Chapter 34.
Shades, where used, shall be made ofnoncombustible materials and securely attached tothe open-flame device holder or chimney.
Candelabras with flame-lighted candles shall be securelyfastened in place to prevent overturning, andshall be located away from occupants using the areaand away from possible contact with drapes, curtainsor other combustibles.
308.3.3 Location near combustibles. Open flames such asfrom candles, lanterns, kerosene heaters, and gas-fired heatersshall not be located on or near decorative material orsimilar combustible materials.

308.3.4 Aisles and exits. Candles shall be prohibited in areaswhere occupants stand, or in an aisle or exit.

308.3.5 Religious ceremonies. When, in the opinion of thefire code official, adequate safeguards have been taken, participantsin religious ceremonies are allowed to carryhand-held candles. Hand-held candles shall not be passedfrom one person to another while lighted.

308.3.6 Theatrical performances. Where approved,open-flame devices used in conjunction with theatrical performancesare allowed to be used when adequate safety precautionshave been taken in accordance with NFPA 160.

308.3.7 Group A occupancies. Open-flame devices shallnot be used in a Group A occupancy.
Open-flame devices are allowed to be used in thefollowing situations, provided approved precautionsare taken to prevent ignition of a combustiblematerial or injury to occupants:
Where necessary for ceremonial or religiouspurposes in accordance with Section308.3.5.
On stages and platforms as a necessary partof a performance in accordance with Section308.3.6.
Where candles on tables are securely supportedon substantial noncombustiblebases and the candle flames are protected.
Heat-producing equipment complying with Chapter6 and the International Mechanical Code.
Gas lights are allowed to be used provided adequateprecautions satisfactory to the fire code officialare taken to prevent ignition of combustiblematerials.
308.4 Torches for removing paint. Persons utilizing a torch orother flame-producing device for removing paint from a structureshall provide a minimum of one portable fire extinguishercomplying with Section 906 and with a minimum 4-A rating,two portable fire extinguishers, eachwith a minimum 2-A rating,or a water hose connected to the water supply on the premiseswhere such burning is done. The person doing theburning shall remain on the premises 1 hour after the torch orflame-producing device is utilized.

308.4.1 Permit. A permit in accordance with Section 105.6shall be secured from the fire code official prior to the utilizationof a torch or flame-producing device to remove paintfrom a structure.

308.5 Open-flame devices. Torches and other devices, machinesor processes liable to start or cause fire shall not be operatedor used in or upon hazardous fire areas, except by a permitin accordance with Section 105.6 secured from the fire code official.
Exception: Use within inhabited premises or designatedcampsites which are a minimum of 30 feet (9144 mm) fromgrass-, grain-, brush- or forest-covered areas.

308.5.1 Signals and markers. Flame-employing devices,such as lanterns or kerosene road flares, shall not be operatedor used as a signal or marker in or upon hazardous fireareas.
Exception: The proper use of fusees at the scenes ofemergencies or as required by standard railroad operatingprocedures.

308.5.2 Portable fueled open-flame devices. Portableopen-flame devices fueled by flammable or combustiblegases or liquids shall be enclosed or installed in such a manneras to prevent the flame from contacting combustible material.

LP-gas-fueled devices used for sweating pipejoints or removing paint in accordance with Chapter38.
Cutting and welding operations in accordance withChapter 26.
Torches or flame-producing devices in accordancewith Section 308.4.
Candles and open-flame decorative devices in accordancewith Section 308.3.