Chapter 20.12


20.12.010    Purpose.

20.12.020    Definitions.

20.12.030    Outdoor burning – Prohibited types.

20.12.040    Outdoor burning – Permitted types.

20.12.050    Permitting agency.

20.12.060    Field response to complaints and enforcement.

20.12.010 Purpose.

The purpose of these regulations is to restrict outdoor burning within the city consistent with state law and regulations. (Ord. 2008-10 § 9, 2008)

20.12.020 Definitions.

A. “Air pollution episode” means a period when a forecast, alert, warning or emergency air pollution stage is declared by a state agency.

B. “Agricultural burning” means outdoor burning related to commercial agricultural activities under Chapter 173-430 WAC, including, but not limited to, any incidental agricultural burning or agricultural burning for pest or disease control.

C. “Fire fighting instructional fires” means fires for instruction in the methods of fire fighting.

D. “Fire protection agency” means the Bainbridge Island fire department.

E. “Impaired air quality” means a condition declared by an appropriate state agency in which air contaminants exceed the amount established by regulation.

F. “Land clearing burning” means outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land clearing projects, including projects that clear the land surface so it can be developed or for a different purpose.

G. “Natural vegetation” means unprocessed plant material from herbs, shrubbery, and trees including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps and trunk wood.

H. “Outdoor burning” means any type of burning as specified in Chapter 173-425 WAC, including the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of the emissions from the combustion.

I. “Recreational fire” means cooking fires, campfires, and bonfires using charcoal or bare, untreated firewood that occur in designated areas or on private property for cooking, pleasure or ceremonial purposes. A fire used for yard waste disposal purposes is considered as residential burning, not a recreational fire.

J. “Residential burning” means the outdoor burning of natural vegetation associated with yard and gardening refuse originating on land immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his/her designee.

K. “Silvicultural burning” means outdoor burning associated with forest management activities under Chapter 70.94 RCW.

L. “Storm or flood debris burning” means fires consisting of natural vegetation deposited on lands by storms or floods that have resulted in an emergency being declared by the city, county or state government; and are burned on such lands by the property owner or his/her designee. (Ord. 2016-13 § 11, 2016: Ord. 2008-10 § 9, 2008)

20.12.030 Outdoor burning – Prohibited types.

The following types of outdoor burning are prohibited:

A. Any outdoor fire during any stage of an air pollution episode or period of impaired air quality;

B. Any outdoor fire during any period of time that a burning ban has been established by the fire protection agency due to high fire hazard conditions;

C. Any outdoor fire containing garbage, dead animals, asphalt, petroleum products, paints, tires, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction/demolition debris, metal, or any substance (other than natural vegetation) that normally releases toxic emissions, dense smoke, or obnoxious odors when burned;

D. Any outdoor fire in a metal container such as a burning barrel;

E. Any outdoor fire for the purpose of demolition, salvage or reclamation of materials;

F. Any outdoor fire for which a permit or approval has not been issued by a state agency and/or the local permitting agency, as appropriate, when such permits or approvals are required by law;

G. Any land clearing burning;

H. Any residential burning. (Ord. 2008-10 § 9, 2008)

20.12.040 Outdoor burning – Permitted types.

A permit is required for the following types of outdoor burning:

A. Fire fighting instructional fires that comply with all applicable state laws and regulations;

B. Agricultural burning that complies with all applicable state laws and regulations;

C. Silvicultural burning that complies with all applicable state laws and regulations;

D. Storm or flood debris burning, with time limitations for burning established by the city;

E. Recreational fires with a total fuel area that is greater than three feet in diameter and/or two feet in height. Exception: Recreational fires under this size are allowed and do not require a permit. (Ord. 2008-10 § 9, 2008)

20.12.050 Permitting agency.

A. The city is the designated permitting agency for outdoor burning.

B. The city (or its designated agent) must approve with conditions or deny outdoor burning permits as needed to achieve compliance with this chapter and Section 307 of the fire code as adopted in BIMC 20.04.060. The city may enter into an interlocal agreement with the fire protection agency and appoint the fire protection agency as its agent for permit administration.

C. Fees. As the designated permitting agency for outdoor burning, the city may charge a fee for any permit; provided, that the fee amount must not exceed the costs of administering and enforcing the permit program. The city shall establish the fee by resolution. (Ord. 2008-10 § 9, 2008)

20.12.060 Field response to complaints and enforcement.

A. The city and the fire department may enter into an interlocal agreement that defines the specific responsibilities of each jurisdiction for field response to outdoor burn complaints and enforcement.

B. The city (or its designated agent) will ascertain whether the outdoor burning is legal or illegal and will take any corrective actions necessary to control or extinguish an illegal or out of control fire.

C. The city (or its designated agent) may issue any infractions or penalties for illegal or out of control outdoor fires as set forth in Chapter 1.26 BIMC.

D. If the fire department responds to, controls or extinguishes an illegal or out of control fire, the fire department may charge and recover from the person responsible for the fire the costs of its response and control action. (Ord. 2016-13 § 12, 2016: Ord. 2008-10 § 9, 2008)