Chapter 5.20


5.20.010    Adoption of State law by reference.

5.20.020    Open burning – Permit requirement.

5.20.030    Trash burning – Approved container.

5.20.040    Fire Department inspection of buildings and installations.

5.20.050    Explosives.

5.20.060    Violation – Penalty.

5.20.010 Adoption of State law by reference.

All laws of the State of Alaska, and any rule or regulation adopted by any duly authorized agency of the State of Alaska, pertaining to fire, fire hazards, fire prevention or fire waste, and explosives are hereby incorporated into this chapter and made a part hereof by reference; and the violation of any such law, rule or regulation shall constitute an offense under this chapter. [Code 1967 § 8-100.1].

5.20.020 Open burning – Permit requirement.

a. Except as provided in subsection (c) of this section, no person shall burn any combustible material in the open without a permit from the City, including in approved burn barrels. Burning permits shall be available at the Fire Department and shall be issued only upon approval of the Fire Chief or other official with written delegation of authority from the Fire Chief. Any person burning combustibles, whether under the authority of a permit or not, is solely responsible for any damage caused by the fire.

b. If the Fire Chief determines that weather or other conditions create a situation where open burning may create a hazard to public health or safety, or property, the Fire Chief may refuse to issue burning permits, restrict the number of permits issued, impose additional restrictions on new permits, modify, suspend, or revoke existing permits, prohibit campfires, and take other measures necessary to protect health, safety, life, and property for as long as the hazardous conditions exist.

c. A person may use a barbecue and burn a campfire in a developed fire pit or ring without a burning permit.

d. The Fire Chief shall have authority to impose conditions on burning permits and to suspend or modify burning permits as necessary to protect public health and safety, life and property. The Fire Chief shall have authority to revoke a burning permit for violation of the terms of the permit.

e. The intentional use of coal as a fuel in any open burning, barbecues or campfires is prohibited; however, the use of charcoal is exempt.

f. Repealed by Ord. 17-03. [Ord. 17-03 § 2, 2017; Ord. 16-25 § 1, 2016; Ord. 01-40(A), 2001; Ord. 98-5 § 1, 1998; Ord. 79-15 § 1, 1979. Code 1967 § 8-100.2].

5.20.030 Trash burning – Approved container.

No person shall burn trash without a permit. All open burning of household waste or other materials is prohibited, except brush, grass, wood and paper products that are uncontaminated under applicable DEC regulations. [Ord. 16-25 § 2, 2016; Ord. 03-65(A), 2003; Ord. 98-5 § 2, 1998. Code 1967 § 8-100.3].

5.20.040 Fire Department inspection of buildings and installations.

All public buildings, or installations, may be inspected by the Homer Volunteer Fire Department, or other persons designated by the City Council, and the owner or owners may be caused to remove or otherwise correct any extreme necessary fire hazard not conforming to any code adopted by the City Council, or as designated in the Alaska State Fire Code in terms of a fire code adoption. [Code 1967 § 8-100.4].

5.20.050 Explosives.

Any persons handling or storing explosives or nitrate derivatives must notify the Homer Volunteer Fire Department and conform to United States Coast Guard regulations and Alaska State Fire Code, and be subject to inspection and approval of the Homer Volunteer Fire Department. [Code 1967 § 8-100.5].

5.20.060 Violation – Penalty.

The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided. [Ord. 18-11 § 3, 2018].