Chapter 8.35
INCINERATORS AND OPEN BURNING

Sections:

8.35.010    Applicable to road system.

8.35.020    Garbage burning prohibited.

8.35.030    Incinerators – Approved types.

8.35.040    Incinerators – Outdoor burning regulations.

8.35.050    Open burning.

8.35.060    Special permits.

8.35.070    Revocation of permits.

8.35.080    Recreational fires.

8.35.090    Recreational fires prohibited.

8.35.100    Liability and responsibility.

8.35.010 Applicable to road system.

This chapter applies to all persons and property on the Kodiak Island road system. [Ord. 97-15 §2, 1997. Formerly §8.30.010].

8.35.020 Garbage burning prohibited.

The burning of garbage, either inside or outside of buildings, is prohibited. [Ord. 97-15 §2, 1997. Formerly §8.30.020].

8.35.030 Incinerators – Approved types.

Out-of-doors burning of paper and other burnable materials is authorized in an approved-type incinerator and in accordance with the rules and regulations prescribed in this chapter. Approved types of incinerators are:

A. A standard 55-gallon oil drum, 18 gauge; provided, that:

1. The bottom of the drum be perforated with sufficient holes to provide draft adequate for the complete burning of combustible materials;

2. The drum be raised above the ground and supported with noncombustible material so that there is adequate circulation for the draft to function; and

3. A screen top of not more than one-half-inch mesh is used to cover the open top of the drum whenever trash is being burned.

B. The National Fire Protection Association’s pamphlet number 82, current edition, pertaining to commercial and industrial incinerators, rubbish handling, and the installation and use of incinerators and rubbish chutes and disposal of rubbish is adopted as the standard to be used and by reference is made part of this chapter and has the force and effect as though set out in full in this chapter. Copies of pamphlet number 82 are available in the office of the city of Kodiak fire marshal. [Ord. 97-15 §2, 1997. Formerly §8.30.030].

8.35.040 Incinerators – Outdoor burning regulations.

The out-of-doors burning of paper and other burnable materials in, and the use of, incinerators prescribed by KIBC 8.35.030 must be not less than 15 feet from any structure and is subject to these rules and regulations:

A. Burning is allowed only between sunrise and sunset and when authorized by annual permit.

B. Burning is prohibited when wind speed is 15 knots or greater.

C. Burning of any material that gives off a dense or offensive smoke is prohibited; e.g., plastics, rubber, or petroleum products.

D. The burning of garbage and other slow-burning materials in incinerators is prohibited. It is the intent of this chapter to provide authority and prescribe an inexpensive-type incinerator to burn papers so as to readily burn and create as little fire hazard as possible. Nothing in this chapter is to be construed as advocating the burning of materials more suitably disposed of through available recycling programs.

E. Incinerators must be attended at all times when in use. [Ord. 97-15 §2, 1997. Formerly §8.30.040].

8.35.050 Open burning.

The burning of grass, tree branches, scrap lumber, and other burnables which are not to be burned in incinerators prescribed in this chapter may be burned out-of-doors, provided a permit is obtained as prescribed in this chapter and further provided the person obtaining such a permit is in attendance or causes another adult to be in attendance during the period of such burning.

A. An annual written permit for all burning authorized by this chapter shall be obtained prior to burning any materials authorized by this chapter. Burning permits shall be issued at advertised locations.

B. Permits shall state:

1. The requirements for notifying the fire department when burning is intended;

2. That an adult must be in attendance at all times;

3. The hours and wind speed during which burning may be conducted;

4. The required special equipment such as fire extinguisher, fire hose, or fire truck;

5. That burning is to be conducted not less than 50 feet from any structure, or less than 25 feet from any structure if the burn pile is three feet or less in diameter and two feet or less in height; and

6. Such other safety precautions as may be required by the official authorizing the issuance of the permit. [Ord. 97-15 §2, 1997. Formerly §8.30.050].

8.35.060 Special permits.

Special permits may be issued to building contractors or other persons whose business requires frequent burning of materials covered by this chapter. Such permits, in addition to the requirements of this chapter, may contain such further restrictions and requirements as the officials authorizing the permit deem necessary in the interest of minimizing fire hazards. [Ord. 97-15 §2, 1997. Formerly §8.30.060].

8.35.070 Revocation of permits.

Any permit issued under this chapter is revocable by any authorized fire department official or the manager. [Ord. 98-16 §2, 1998; Ord. 97-15 §2, 1997. Formerly §8.30.070].

8.35.080 Recreational fires.

Fires less than three feet in diameter and two feet in height and contained in campfire pits, outdoor fireplaces, or barbeque pits and used for pleasure, religious, ceremonial, cooking, or similar purposes are permitted without burning permits, provided there is an adult in attendance at all times. [Ord. 97-15 §2, 1997. Formerly §8.30.080].

8.35.090 Recreational fires prohibited.

Recreational fires are prohibited during times of high fire danger as determined by the fire department official or state Department of Natural Resources. [Ord. 97-15 §2, 1997. Formerly §8.30.090].

8.35.100 Liability and responsibility.

No provision of this chapter is intended to reduce the responsibility or liability for any personal or property damage caused by negligence while burning with or without a burning permit. [Ord. 97-15 §2, 1997. Formerly §8.30.100].