Chapter 8.10
OPEN BURNING
Sections:
8.10.020 Outdoor burning restricted.
8.10.030 Period when outdoor burning is allowed.
8.10.070 Enforcement and penalties.
8.10.010 Definitions.
“Burn day” means a day when the ventilation index exceeds 400, wind is less than 10 miles per hour, and there is a minimum danger in burning and the fire chief declares it a legal burn day.
“Fire chief” means the chief of Jackson County Fire District No. 1 or his authorized representative.
“Fire hazard” means the presence or accumulation of combustible material of such a nature and in sufficient quantity that its continued existence constitutes an imminent and substantial danger to life, property, public welfare, or to adjacent lands.
“Open burning” means burning in burn barrels or incinerators, open outdoor fires, and any other burning not vented through a stack or chimney except outdoor cooking.
“Ventilation index” means a number calculated by the National Weather Service related to the ability of the atmosphere to disperse pollutants.
“Waste” includes any useless or discarded materials. Each waste is categorized as one and only one of the following:
1. Agricultural;
2. Commercial;
3. Demolition;
4. Construction;
5. Domestic;
6. Industrial;
7. Slash.
Any overlap of type of waste falls into the more rigidly controlled type. Questions about any category other than domestic waste will be answered by the Jackson County Fire District No. 1 or the city of Rogue River.
“Yard debris” means wood, needle or leaf materials from trees, shrubs, or plants from real property and is a category of domestic waste. [Ord. 23-418-O § 26; Ord. 92-211-O § 1].
8.10.020 Outdoor burning restricted.
No person shall start or maintain any outdoor fire (except for outdoor cooking) for the purpose of burning any combustible material, except as allowed under this chapter. Nor shall any person in control of any premises cause or knowingly allow any such fire to be started or maintained on any part of such premises. No burning of garbage, trash, plastic, Styrofoam or other noxious materials shall be allowed at any time of the year, including burning such materials in wood stoves or fireplaces. [Ord. 92-211-O § 2].
8.10.030 Period when outdoor burning is allowed.
Outdoor burning will be allowed only when both of the following requirements have been met:
A. When the ventilation index exceeds 400; and
B. When it has been specifically designated by Jackson County Fire District No. 1 as an authorized open burn day. [Ord. 23-418-O § 27; Ord. 92-211-O § 3].
8.10.040 Exempted fires.
The following types of outdoor fires may be allowed by the fire chief, by permit, when the ventilation index exceeds 400 and when fire conditions are conducive to burning:
A. Burning of a structure or other use of fire for training purposes by the fire department.
B. Fire hazard reduction burning.
C. Slash or other Forest Services burning in forested areas covered under the smoke management plan.
D. Any burning which has written approval of the Department of Environmental Quality (DEQ). [Ord. 92-211-O § 4].
8.10.050 Special exemption.
The following types of outdoor fires may be allowed by the fire chief on any day of the year:
A. Fire to control agricultural disease that must be destroyed immediately by fire to prevent spread of disease.
B. Religious fires. [Ord. 92-211-O § 5].
8.10.060 Permits required.
A. A written permit issued by the fire chief shall be required for all burning, including:
1. Burn barrels;
2. Open pile burning;
3. Destruction of yard waste.
B. Burning Regulations. Fire extinguisher equipment (water, shovel, or rake) must be readily available. Applicant must be in attendance of all burning until fire is completely out and have immediate access to a phone. Fire must be extinguished before dark. Burning must be discontinued if it is determined that smoke emissions are offensive to occupants of surrounding property or if burning causes a hazardous condition due to wind, flying embers, etc.
C. Upon receipt of a request for a permit for any fire, the fire chief shall undertake whatever investigation is deemed necessary. Based on this investigation the fire chief may approve the permit. The fire chief shall approve fires only when it is determined such fires do not constitute a hazard and that steps have been taken to assure reasonable public safety. Such fires shall conform with Article 11 of the Uniform Fire Code. Fires which are approved by permit, written or oral, shall be maintained during daylight hours by a competent person, and shall be extinguished prior to darkness unless continual burning is specifically authorized by the fire chief. The fire chief may deny a permit for fires allowed under this chapter for safety, pollution control or other reasons affecting the general public. [Ord. 23-418-O § 28; Ord. 92-211-O § 6].
8.10.070 Enforcement and penalties.
A. Enforcement. The fire chief and/or the police chief are charged with the responsibilities and the authority for enforcing the provisions of this chapter.
B. Penalties. A violation of a provision of this chapter is punishable by a fine not to exceed $500.00. Repeated offenses or serious offenses will be referred to the DEQ for further enforcement. [Ord. 92-211-O § 7].