Chapter 8.05
FIRE HAZARDS
Sections:
8.05.020 Right to enter premises.
8.05.030 Duties and responsibilities of responsible party.
8.05.040 Accumulations on roofs.
8.05.050 Prohibited materials.
8.05.100 Abatement of fire hazards.
8.05.110 Abatement costs – Lien.
8.05.120 Penalties and violations.
8.05.010 Definitions.
“Class A burn” means the burning of wood products containing paint, glue, preservatives or other chemical treatment, paper, grass, hazardous materials, plastics, asphalt, paint, tires, oil, cardboard, rubber and other refuse and rubbish in an incinerator, burn barrel, or by open burning.
“Class B burn” means the open burning of wood, yard trimmings or leaves in a pile consisting of less than five yards.
“Class C burn” means the open burning of wood, tree trimmings, yard trimmings, and leaves in a pile consisting of more than five yards. Any burn conducted in association with land clearing or commercial tree removal shall be defined as a Class C burn.
“Class D burn” means a campfire conducted on private property or in a designated area of a public park where firewood cut in lengths, not to exceed 18 inches, is used. Such burns are limited to cooking or entertainment use and shall not include the burning of refuse.
“Class E burn” means a large open burn, for purposes of entertainment, such as a bonfire. Such burns are limited to community events or celebrations and must be approved and permitted by the fire chief.
“Responsible party” or “person responsible” means owner, occupant or other person entitled to possession. [Ord. 13-O-717 § 2; Ord. 11-O-686 § 2; Ord. 09-O-643 § 2.]
8.05.020 Right to enter premises.
For the purposes of performing their duties, the fire chief or his designee shall have the right to enter upon any premises at all reasonable hours for the purpose of inspection. [Ord. 11-O-686 § 2; Ord. 09-O-643 § 2; Ord. 07-O-591 § 2; Ord. 59-O-134 § 3. Formerly 8.05.010.]
8.05.030 Duties and responsibilities of responsible party.
A. Any shavings, paper, hay, straw, litter or other combustible waste material fragments shall be securely deposited or removed so as to be safe from fire. All receptacles for waste, rags, paper and other substances liable to spontaneous combustion must be made of incombustible material.
B. Fire Hydrant Maintenance.
1. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.
2. Clear Space Around Hydrants. A three-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved.
C. It shall be unlawful to permit grass or other vegetation to grow in a manner that is determined to be a fire hazard by the fire chief.
D. Prior to removal of vegetation upon properties having slopes of more than 15 percent or are adjacent to a creek, river or the ocean, the responsible party must contact the planning department for regulations regarding hillside development. [Ord. 11-O-686 § 2; Ord. 10-O-671 § 2; Ord. 09-O-643 § 2; Ord. 07-O-591 § 2; Ord. 59-O-134 § 5. Formerly 8.05.020.]
8.05.040 Accumulations on roofs.
It shall be unlawful to allow or permit to remain upon roofs any accumulation of paper, hay, moss, or other inflammable or combustible material. [Ord. 11-O-686 § 2; Ord. 09-O-643 § 2; Ord. 07-O-591 § 2; Ord. 59-O-134 § 6. Formerly 8.05.030.]
8.05.050 Prohibited materials.
It shall be unlawful to burn the following materials: rubber, asphalt, paint, oil, tires, kitchen garbage, disposable diapers, plastics, fiberglass or any other item that creates a black smoke or an offensive odor, as determined by the fire chief. [Ord. 11-O-686 § 2; Ord. 09-O-643 § 2.]
8.05.060 Prohibited burns.
A. It shall be unlawful for any person to conduct a Class A burn within the limits of the city of Brookings.
B. It shall be unlawful for any person to conduct any open burn within 1,000 feet of a skilled nursing facility. [Ord. 14-O-737 § 2; Ord. 11-O-686 § 2; Ord. 09-O-643 § 2.]
8.05.070 Permitted burns.
A. Class B, Class C and Class E Burn Permits. Any person desiring to conduct a Class B, Class C or Class E burn must first obtain a written permit from the fire chief. Any person desiring to conduct a Class C burn must also first obtain a written permit from the State of Oregon Department of Environmental Quality (DEQ).
B. Class D Burns Without Permit. There shall be no permit required for Class D burning. The fire chief shall have the authority to require any Class D burn to be immediately extinguished upon making a determination that such burn is creating a hazard or public nuisance. [Ord. 13-O-717 § 3; Ord. 11-O-686 § 2; Ord. 09-O-643 § 2.]
8.05.080 Permit standards.
A. All Class B and Class C burns must be conducted between the hours of sunrise and dusk, with no starting or stoking of fires after 4:00 p.m. Attendance at the site of the burn by the permittee, or by permittee’s adult designee, is required at all times. Attendant shall have immediately available a shovel and sufficient water to extinguish the fire or prevent escape of the fire from the burn location.
B. Class B permits shall be valid for a maximum of two consecutive days and shall not be renewed for 48 hours after conclusion of any previous burn.
C. Class C permits shall be valid for a maximum of seven days in a 30-day period.
D. Class E permits shall be valid for a 24-hour period. Times for starting and stoking the fire will be evaluated on a case-by-case basis by the fire chief and will be stated on the permit. Attendance at the site of the burn by the permittee, or by permittee’s adult designee, is required at all times. Attendant shall have immediately available a shovel and sufficient water to extinguish the fire or prevent escape of the fire from the burn location.
E. Burning is prohibited on windy days.
F. The fire chief may prescribe additional standards of care and procedures for obtaining burn permits in order to administer this section and provide for the safety of life and property. The fire chief may cancel, modify or suspend permits at any time in the interest of public safety. [Ord. 13-O-717 § 4; Ord. 11-O-686 § 2; Ord. 09-O-643 § 2.]
8.05.090 Permit fees.
Burn permit fees shall be as established by the city’s master fee resolution. [Ord. 11-O-686 § 2; Ord. 09-O-643 § 2.]
8.05.100 Abatement of fire hazards.
The fire chief or his designee shall, upon determining that a fire hazard exists as described in this chapter, notify the person responsible for the property upon which said fire hazard exists. Such notice shall be delivered personally in writing or by registered mail to the last known address of such person and shall state specifically the condition which has caused the fire hazard. Such fire hazard shall be removed within 24 hours after delivery of said notice. If removal is not completed within such time, the fire chief or his designee shall cause such fire hazard to be removed and the cost thereof shall become a lien upon the property upon which said fire hazard exists. [Ord. 11-O-686 § 2; Ord. 09-O-643 § 2; Ord. 07-O-591 § 2; Ord. 59-O-134 § 12. Formerly 8.05.070.]
8.05.110 Abatement costs – Lien.
The procedures contained in BMC 8.15.090(F) shall apply. [Ord. 11-O-686 § 2; Ord. 09-O-643 § 2; Ord. 07-O-591 § 2; Ord. 59-O-134 § 13. Formerly 8.05.080.]
8.05.120 Penalties and violations.
Pursuant to Chapter 1.05 BMC. [Ord. 11-O-686 § 2; Ord. 09-O-643 § 2; Ord. 07-O-591 § 2; Ord. 59-O-134 § 15. Formerly 8.05.100.]