Chapter 7.15
FIRE PREVENTION – BURN PERMIT REQUIRED

Sections:

7.15.010    Purpose.

7.15.020    Definitions.

7.15.030    Permit required.

7.15.032    Property owner’s permission.

7.15.035    Application for permit.

7.15.040    Residential open burning.

7.15.050    Permitted burn material.

7.15.060    Disallowed combustibles.

7.15.070    Nonagricultural burning.

7.15.080    Nuisance.

7.15.090    Authority to inspect.

7.15.100    Enforcement.

7.15.110    Repealed.

7.15.010 Purpose.

The Director of Forestry and Fire Protection has declared that the major portion of the City of Mt. Shasta falls within the very high fire hazard severity zone. In the interest of public safety and to ensure maximum response to fire emergencies, the Mt. Shasta City Fire Chief, under authority of Cal. Gov’t Code §§ 51175 through 51189, has included the entire City of Mt. Shasta in the high fire hazard severity zone. In addition to the fire prevention requirements set forth in Cal. Gov’t Code § 51182, burn permits shall be required prior to any burning within the City limits of the City of Mt. Shasta. (Ord. CCO-06-05, 2006)

7.15.020 Definitions.

Terms used shall have the same definitions as applied in the Siskiyou County Air Pollution Control District Rules for Residential and Nonagricultural Burning.

(A) “Allowable combustible” means clean wood waste and dry natural vegetation waste originating on the premises where it is burned and the material is reasonably free of dirt, soil and visible surface moisture.

(B) “Burn barrel” means a metal container used to hold combustible or flammable waste materials so they can be ignited outdoors for the purpose of disposal.

(C) “Clean wood waste” means dimensional lumber that has been air-dried or kiln-dried, with no preservatives, stains, metals or finishes added. Clean wood waste is not demolition debris, plywood, laminates or particleboard, which is prohibited to burn.

(D) “Combustible” means any substance capable of burning or any substance that will readily burn.

(E) “Disallowed combustibles” means any waste or manufactured material, including but not limited to petroleum products and wastes; construction and demolition debris; tires; tar; rubber; plastics; fiberglass; synthetics; cloth; rags; paper and paper products; garbage; cardboard; boxes; treated wood and wood products; metal; appliances; furniture; instruments; electronics; carcass of dead animal; manure; human or animal parts or wastes; and any item or material that is not an allowable combustible.

(F) “Flammable” means capable of catching fire easily, or combustible.

(G) “Natural vegetation” means all plants, including but not limited to grasses, trees, shrubs, flowers, or vines that grow in the wild or under cultivation. Natural vegetation excludes vegetative materials that have been processed, treated or preserved with chemicals for subsequent human or animal use, including but not limited to chemically treated lumber, wood products or paper products.

(H) “Open outdoor fire” means the combustion of combustible material of any type outdoors in the open, whether or not enclosed in a fire-proof container, where the products of combustion are not directed through a flue.

(I) “Permissive burn day” or “burn day” means any day on which agricultural burning, including prescribed burning, is not prohibited by the State of California Air Resources Board and agricultural and prescribed burning is authorized by the air district consistent with the Smoke Management Guidelines for Agricultural and Prescribed Burning, set forth in Cal. Code Regs. Title 17, §§ 80100 through 80330.

(J) “Processed or treated wood or wood products” means wood that has been chemically treated to retard rot or decay or wood that has been modified with glues, laminates, stains, finishes, paints or glosses for use in furniture or for construction purposes, including but not limited to plywood, particle board, fencing or railroad ties. For the purpose of this regulation, dimensional lumber that has been air-dried or kiln-dried, with no preservatives or finishes added, is not considered processed or treated wood and is identified as “clean wood waste.”

(K) “Waste” means all discarded decomposing and nondecomposing solid, semisolid, and liquid materials, including but not limited to petroleum products and petroleum wastes; construction and demolition debris; coated wire; tires; tar; tarpaper; wood waste; processed or treated wood and wood products; metals; motor vehicle bodies and parts; rubber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured products; equipment; instruments; utensils; appliances; electronics; furniture; cloth; rags; paper or paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead animal; manure; human or animal parts or wastes, including blood; fecal and food-contaminated material; felled trees; tree stumps; brush; plant cuttings and prunings; branches; garden waste; weeds; grass clippings, pine needles, leaves and other natural vegetation waste. (Ord. CCO-06-05, 2006)

7.15.030 Permit required.

A burn permit shall be obtained from the Mt. Shasta City Fire Department prior to engaging in the following activities:

(A) Residential open burning of any allowable combustibles anywhere within the City limits.

(B) Nonagricultural burning within City limits.

(C) Fireworks – Public Displays. To store, discharge or use fireworks at a public gathering.

(D) Special Effects. To store, discharge or use pyrotechnic special effects materials, fireworks, explosives or open flame for filming or special events. (Ord. CCO-06-05, 2006)

7.15.032 Property owner’s permission.

No outdoor fires, open flame stoves, or other open flames are permitted on public property or property owned by another without the written consent of the owner or renter of the property. (Ord. CCO-17-01, 2017)

7.15.035 Application for permit.

Applications for door-yard burn permits shall be made to the Mt. Shasta City Fire Department and shall remain in effect for a period of one fiscal year. Any applicable permit fees shall be paid at the time of application for the permit. Permit fees shall be established by City Council resolution. (Ord. CCO-06-05, 2006)

7.15.040 Residential open burning.

No person shall conduct residential waste burning unless the following conditions are met:

(A) It is a permissive burn day within the Siskiyou air pollution control district.

(B) Piles are no larger than four feet in diameter.

(C) The material to be burned is dry.

(D) The material to be burned originated on the premises.

(E) Ignition material does not produce black smoke.

(F) Area within 10 feet of the outer edge of the pile is maintained free and clear of all flammable material and vegetation.

(G) Responsible adult in attendance with shovel until fire is completely out.

(H) Water supply at burning site.

(I) No burning shall be undertaken unless weather conditions (particularly wind) are favorable and burning can be conducted safely.

(J) Burn barrels are illegal and strictly prohibited.

(K) All residential burning must be conducted during the hours between 7:00 p.m. and 10:00 a.m.

(L) Additional terms and conditions as may be required by Fire Chief.

(M) An additional burn permit from the Siskiyou County air pollution control district (APCD) is required for burn piles that are larger than four feet by four feet in size. (Ord. CCO-06-05, 2006)

7.15.050 Permitted burn material.

Only allowable combustibles may be burned: clean wood waste and dry natural vegetation waste originating on the premises and reasonably free of dirt, soil and visible surface moisture. (Ord. CCO-06-05, 2006)

7.15.060 Disallowed combustibles.

The following items are strictly prohibited from being burned:

(A) Any waste or manufactured material, including but not limited to petroleum products and petroleum wastes; construction and demolition debris; coated wire; decomposing wastes; tires; tar; tarpaper; nonnatural wood waste; processed or treated wood and wood products; metals; motor vehicle bodies and parts; rubber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam, garbage; trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured products; equipment; instruments; utensils; appliances; furniture; cloth; rags; paper or paper products; cardboard; boxes; crates; excelsior; offal; carcass of a dead animal; manure; human or animal parts or wastes, including blood; fecal matter; contaminated food; and any other item that does not fall within the allowable burn combustibles. (Ord. CCO-06-05, 2006)

7.15.070 Nonagricultural burning.

Open outdoor fires for the disposal of natural vegetation only on a permissive burn day shall be granted for the following:

(A) Right-of-way clearing by a public entity or utility for ditch, roadway, right-of-way or land maintenance.

(B) Disposal of wood waste from trees, vines or bushes on property being developed for commercial or residential purposes or the disposal of brush cuttings resulting from brush clearance done in compliance with local ordinances to reduce fire hazard, on the property where it was grown, if reasonably free of dirt, soil and surface moisture. Burning under this subsection is subject to the conditions specified in Cal. Health and Safety Code §§ 41803 and 41804 and shall comply with the following drying times:

(1) Prunings and small branches – three weeks.

(2) Grass clippings – three weeks with turning once per week.

(3) Large branches (six inches and larger) – eight weeks.

(4) Unwanted trees (all unwanted trees over six inches in diameter shall be felled and dried prior to the burn) – three months. (Ord. CCO-11-05 § 17, 2011; Ord. CCO-06-05, 2006)

7.15.080 Nuisance.

No person shall discharge from any source whatsoever such quantities of air contaminants (smoke) or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property. (Ord. CCO-06-05, 2006)

7.15.090 Authority to inspect.

The Fire Department shall inspect, as often as necessary, buildings and premises, including such other hazards designated by the Fire Chief, for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose of this code and of any law or standard affecting fire safety. (Ord. CCO-06-05, 2006)

7.15.100 Enforcement.

The Fire Chief or his/her designated representatives shall have authority to issue burn permits and enforce all provisions of this chapter and issue citations for violations of this code within the City limits. (Ord. CCO-06-05, 2006)

7.15.110 Penalties.

Repealed by Ord. CCO-20-04. (Ord. CCO-06-05, 2006)