Chapter 9.16


9.16.010    Responsibility and authority.

9.16.020    Applicability.

9.16.030    Definitions.

9.16.040    Outdoor burning and residential burning prohibited.

9.16.050    Recreational fires permitted.

9.16.060    Recreational fires – Miscellaneous.

9.16.070    Violation – Penalty.

9.16.010 Responsibility and authority.

This chapter contains the specific rules and procedures for outdoor burning and recreational fires. The responsibility for the enforcement of this chapter shall be upon the fire marshal or designee. The fire marshal may prohibit all burning when atmospheric conditions or local circumstances make such fires hazardous. When any burning creates or adds to a hazardous situation, any enforcement agent of the town code is authorized to order the extinguishment of any fire. (Ord. 1693 § 1, 2020)

9.16.020 Applicability.

This chapter does not apply to self-contained patio heating units; permanent or portable charcoal, clean wood, propane or natural gas appliances used for cooking, smoking or grilling food; or stationary outdoor fireplaces. (Ord. 1693 § 1, 2020)

9.16.030 Definitions.

For purposes of this chapter, the words set out in this section shall have the following meanings:

A. “Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.

B. “Container” means a basin made of noncombustible materials, such as metal or masonry, which encloses the flames behind wire mesh or other noncombustible mesh with openings not larger than one-half inch in diameter and are not designed for the fire to be wider than three feet in diameter or higher than two feet.

C. “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. For the purposes of this rule, “outdoor burning” means all types of outdoor burning except recreational fires as defined in this section.

D. “Patio heating units” means natural gas, propane or other fuel appliance or fixture used for the purpose of outdoor heating.

E. “Prohibited materials” means garbage, dead animals, asphalt, petroleum products, paints, 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 clean wood) that normally releases toxic emissions, dense smoke, or obnoxious odors when burned; or any other material prohibited under WAC 173-425-050.

F. “Recreational fire” means fires of a specific size using charcoal or clean wood that occur in designated areas or on private property for cooking, pleasure, warmth, ceremonial or other similar purposes. Fires used for residential burning or other debris disposal purposes are not considered recreational fires.

G. “Residential burning” means the outdoor burning of leaves, clippings, prunings and other yard and gardening refuse originating on lands immediately adjacent or in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.

H. “Stationary outdoor fireplace” means a fireplace that is site constructed, permanent in nature, solid fuel burning, and may be constructed of stone, brick, concrete, clay or other noncombustible material. A stationary outdoor fireplace will normally have a hearth, fire box, and chimney or stack. Except as provided in Chapter 15.04 FHMC, the owner or the installer of any stationary outdoor fireplace must obtain an installation permit from the town building department before installing the same. Stationary outdoor fireplaces are not considered open burning or recreational fires. (Ord. 1693 § 1, 2020)

9.16.040 Outdoor burning and residential burning prohibited.

In accordance with the rules of the Puget Sound Air Pollution Control Agency, made in accordance with the provisions of the Washington Clean Air Act (revised 1991), Chapter 70.94 RCW, outdoor burning, including residential burning, within the town of Friday Harbor is hereby prohibited and regulated as set forth in Chapter 173-425 WAC.

Chapter 173-425 WAC is hereby adopted in its entirety by this reference; except that the phrases “local air authority” and “fire protection authority,” as used therein, shall mean the town of Friday Harbor for the purposes of this chapter. (Ord. 1693 § 1, 2020)

9.16.050 Recreational fires permitted.

Recreational fires shall be permitted, except that it is unlawful for any person to ignite or participate in maintaining any type of fire at the following locations:

A. Within the downtown core area as the same is defined in FHMC Title 17.

B. Town property or public right-of-way without written permission of the town administrator.

C. Town parks, except within designated areas containing cooking appliances such as barbeque grates and during open business hours. (Ord. 1693 § 1, 2020)

9.16.060 Recreational fires – Miscellaneous.

In addition to the regulations set forth in FHMC 9.16.050, every person owning premises on which any recreational fire is maintained within the town is required to control said fire as follows:

A. All materials to be burned must be properly placed in an approved container.

B. Materials being burned must be either charcoal or clean wood and not contain any prohibited materials banned for outdoor burning by air pollution control regulations or defined by other residential burning.

C. Portable containers for recreational fires shall be used in accordance with the manufacturer’s instructions and shall not be operated on a combustible deck.

D. All recreational fires shall be constantly attended and supervised by a competent adult until the fire is extinguished and cold. Means of extinguishing the fire must be readily available, such as a charged hose, fire extinguisher or other accepted practice.

E. There shall be no fires within 25 feet of any structure or combustible dry material or within 10 feet of any property line. Conditions which could cause fire to spread to within 25 feet of a structure, such as dry vegetation, shall first be eliminated.

F. There shall be no fires which create excessive smoke or smells that carry beyond the premises. (Ord. 1693 § 1, 2020)

9.16.070 Violation – Penalty.

A. Every intentional violation of FHMC 9.16.040 shall constitute a Class I civil infraction, as defined in Chapter 1.18 FHMC.

B. Every violation of FHMC 9.16.050 shall constitute a public nuisance, as defined in Chapters 1.18 and 9.14 FHMC. (Ord. 1693 § 1, 2020)