Chapter 8.04
OUTDOOR BURNING1
Sections:
8.04.020 Outdoor burning prohibited.
8.04.040 Requirements for recreational fires.
8.04.050 Extinguishment authority.
8.04.010 Definitions.
A. “Outdoor burning” means 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 emissions from the combustion.
B. “Recreational fire” means cooking fires, campfires, and bonfires, using charcoal, clean dry firewood, or manufactured fire logs, occurring in designated areas or on private property for cooking, pleasure, or ceremonial purposes. Fires used for debris disposal purposes are not considered recreational fires.
C. “Public nuisance” means an emission of smoke or any other air contaminant that unreasonably interferes with the use and enjoyment of the property upon which it is deposited or a fire which creates a safety hazard. (Ord. 403 § 1(Exh. A(part)), 2012)
8.04.020 Outdoor burning prohibited.
Except as provided in this chapter or as specifically permitted by state law or Puget Sound Clean Air Agency regulations enacted pursuant to state law, it shall be unlawful for any person to engage in outdoor burning within the city limits. (Ord. 403 § 1(Exh. A(part)), 2012)
8.04.030 Exemptions.
The following types of outdoor fires are exempt from the prohibition on outdoor burning:
A. Fires that comply with Puget Sound Clean Air Agency regulations and that are for the purpose of instructing public officials in methods of fire fighting, testing materials for fire resistance, or testing fire protection equipment; provided, that the mayor or designee and the fire protection district have been provided prior notice.
B. Recreational fires complying with BMC 8.04.040 and state law and regulations.
C. Fires from torches, incense burners, insect pots, flares, and smokeless waste gas burners.
This section shall not allow outdoor fires during air quality burn bans or fire safety burn bans, and shall not relieve a person from obtaining permits required by a state agency or local permitting agency. (Ord. 403 § 1(Exh. A(part)), 2012)
8.04.040 Requirements for recreational fires.
The following requirements shall apply to all recreational fires:
A. An adult eighteen years of age or older who is capable of extinguishing the fire must be in attendance until the fire is extinguished.
B. Fire extinguishing material must be readily accessible within twenty feet of the fire area. Fire extinguishing material shall be a five-gallon bucket of water, active water hose, or approved Class A fire extinguisher.
C. Recreational fires shall be located more than ten feet from any structures, trees (including the drip line), or any stored combustible material.
D. Recreational fires shall have a total fuel area less than three feet in diameter and two feet in height.
E. Recreational fires shall not create a public nuisance. (Ord. 403 § 1(Exh. A(part)), 2012)
8.04.050 Extinguishment authority.
The city and the fire protection district may order the immediate extinguishment of any outdoor burning if the outdoor burning violates this chapter. If the fire protection district is called to respond to, control, or extinguish an unlawful or out of control fire, the district may charge and recover from the person responsible for the fire the cost of its response and control action. (Ord. 403 § 1(Exh. A(part)), 2012)
8.04.060 Violation.
Any person who violates this chapter shall be guilty of a nontraffic civil infraction for a first offense, which shall be punished as a Class C infraction as set forth in BMC 1.28.030(C). Any person who continues to violate this chapter shall be guilty of a gross misdemeanor for a second or subsequent offense and shall be punished in accordance of the provisions set forth in RCW 70.94.430. (Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 403 § 1(Exh. A(part)), 2012)
Prior legislation: Ord. 146.