Until the early 1970s, catching a whiff of burning leaves was as much a rite of autumn as the aromas of warm pumpkin pie and freshly squeezed apple cider.

Times have changed. Many Americans have since become attuned to the negative health effects from open burning of leaves and yard waste - especially on those with asthma and other respiratory ailments - as well as the long-term carcinogenic potential from the leaf particles and other smoky byproducts.

“Leaves don't burn well. They smoke a lot,” explained Joe Grob, air specialist in the Ohio Environmental Protection Agency's northwest district office in Bowling Green.

Although environmental and health officials have been warning people about the hazards of open burning for almost 30 years, he acknowledged that “we still have a long way to go.”

Leaf burning has been banned in Ohio municipalities and restricted in many adjoining townships since 1973. Burning is not allowed within a mile of cities, villages or townships that have a population greater than 10,000, nor is it allowed within 1,000 feet of those municipalities that have between 1,000 and 10,000 people, Mr. Grob said.

The only places where it is legal to burn in Ohio is in an unrestricted area, on land owned by the person doing the burning, and at least 1,000 feet from the nearest inhabited, off-site building.

Similar rules are in effect for burning brush, with some exceptions for fire training, ceremonial fires, and so forth.

Michigan law forbids open burning of leaves and yard waste in municipalities and townships with more than 7,500 residents, but allows it in high-population townships where local officials decide to continue to allow the practice. Penalties vary, based on township ordinances.

Mr. Grob suggests the following rule of thumb for anyone thinking about burning leaves or yard waste: Contact local fire officials first. They can tell you if it is legal to burn, and whether wind conditions may be unfavorable. They also will appreciate the heads up in case they get a call suggesting there's a fire emergency.

In some areas, offenders can be fined and even saddled with the cost of having fire trucks needlessly sent out.

While composting leaves has replaced burning as the environmentally preferred disposal method, state and local officials still get occasional nuisance complaints about illegal burns.

Those complaints are becoming less frequent, at least in the smoke-conscious eyes of the American Lung Association. “It's really rare that we get calls on it anymore,” said Patricia Volz, executive director of the group's northwest Ohio chapter.

She said she almost is embarrassed to admit she was attracted to the smell of burning leaves as a child.

“From the lung association's standpoint, our concern is in the particulate matter that gets into the air. Not only do you have the smoke - but in many cases you have small pieces of leaves going into the air and causing respiratory distress,” Ms. Volz said.

The issue can be a perplexing one in places such as Michigan's Bedford Township, a once-rural area that is becoming more suburbanized as the Toledo-area's growth continues to sprawl outward.

For the second consecutive year, Bedford Township has restricted burning hours in an attempt to reach some sort of compromise that will appease newcomers while calm the anger of those who claim they are entitled to burn.

Bedford allows residents to burn between the hours of 2 and 6 p.m. on Fridays and 8 a.m. to 6 p.m. on Saturdays and Sundays.

The township has an ordinance that allows fines of $25 to $100 per violation, plus $100 for each fire truck that responds to an illegal burn, Bedford Fire Chief John Bofia said.

Chief Bofia said that trying to meet both sides halfway hasn't exactly quelled controversy. But, as controversial as the partial ban has been, it seems to have helped reduce the number of illegal burns, he said.

Fueling an increase in open burning, however, has been the increasing popularity of chimneas - those gourd-shaped wood burners that have sprung up on increasing numbers of suburban decks and patios.

Although they disperse their smoke at a waist-high level far below that of a rooftop, Ms. Volz said she views chimneas as no more polluting than fireplaces when used properly.

The question is whether having such a device outdoors makes it more tempting for people to burn up other things around the yard besides the sticks and twigs used for kindling.

Concerned environmental and fire officials don't want chimneas being used for burning things that common sense discourages people from hauling indoors to a fireplace - such as leaves and brush.

“The open burning regulations do not address chimineas at this time. That's all I can tell you,” Mr. Grob said.

“It has not become a big issue yet, but I feel it will in the future because there are more and more people buying these things,” he said.

For now, excessive smoke generated by chimneas is handled by the Ohio EPA and local fire officials as a nuisance complaint.

“If you're causing a problem with smoke, that's a problem no matter how legal it [a device] is,” Mr. Grob said.

When it comes to practically any form of smog, the lung association is one of the nation's most vigorous lobbying groups. Yet even Ms. Volz isn't quick on the draw when it comes to the possibility of regulating chimneas.

Ms. Volz said she can understand why chimneas are becoming more popular and recognizes one inherent advantage of them: Most are not big enough for anything other than a small fire.

Although she still cautions anyone with breathing difficulties to stay clear of them, Ms. Volz said she believes chimneas are acceptable.

“If the product is used as directed. That's the key,” she said.

First Published November 10, 2002, 12:21 p.m.