Chapter 7.30
BURNING REGULATIONS
Sections:
7.30.070 Outdoor fires prohibited.
7.30.080 Revocation of permits.
7.30.090 Violations and penalties.
7.30.100 Liability for fire suppression costs.
7.30.110 Concurrent jurisdiction of the Puget Sound Air Pollution Control Agency.
7.30.010 Definitions.
For purposes of this chapter, the following terms shall be defined as indicated below:
A. “Agricultural burning” means outdoor fires consisting of natural vegetation resulting from the growing of crops, the raising of fowl, animals or bees as a gainful occupation and burned on the lands on which the material originated.
B. “Land clearing burning” means outdoor fires consisting of natural vegetation resulting from land clearing projects and burned on the lands on which the material originated.
C. “Outdoor fire” means the combustion of material in the open or in a container with no provision or control of such combustion or control of the emissions of combustion products.
D. “Residential burning” means outdoor fires consisting of natural vegetation resulting from the maintenance of lands immediately adjacent and in close proximity to a residential dwelling and burned on the lands on which the material originated.
E. “Recreational fire” means the burning of materials other than rubbish where fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and with a total fuel area of three (3) feet or less in diameter and two (2) feet or less in height for pleasure, religious, ceremonial, cooking or similar purposes.
F. “Nuisance” means an emission of smoke or other emissions from any open fire that unreasonably interferes with the use and enjoyment of the property deposited on.
G. “Episode” means a period when a forecast, alert, warning, or emergency air pollution stage is declared. (Ord. 99-1036 § 1: Ord. 91-1020 § 1)
7.30.020 Residential burning authorized with permit.
Repealed by Ord. 99-1036. (Ord. 91-1020 § 2)
7.30.030 Contents of permit.
Repealed by Ord. 99-1036. (Ord. 91-1020 § 3)
7.30.040 Permittee’s duties.
Repealed by Ord. 99-1036. (Ord. 91-1020 § 4)
7.30.050 Inspection by Fire Department.
Repealed by Ord. 99-1036. (Ord. 91-1020 § 5)
7.30.060 Emission of air contaminants and particulates prohibited.
Repealed by Ord. 99-1036. (Ord. 91-1020 § 6)
7.30.070 Outdoor fires prohibited.
The following outdoor fires are prohibited within the City:
A. Any residential burning.
B. Any outdoor fire, other than recreational fires authorized by permit, with the exception of fires from torches, incense burners, insect pots, gas burners, and household barbecues, for pleasure, cooking or like social purposes.
C. Any agricultural burning.
D. Any outdoor fire containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than necessary to start a fire), cardboard, treated wood, construction debris, metal, processed lumber, or any substance (other than natural vegetation grown or utilized on the premises) which when burned releases toxic emissions, dense smoke, or odors.
E. Any land clearing burning or other outdoor fires for the purpose of demolition, salvage or reclamation of materials, unless specifically authorized in writing, based upon special needs and circumstances, by the City Fire Department and the Puget Sound Air Pollution Control Agency (“PSAPCA”). (Ord. 99-1036 § 3: Ord. 91-1020 § 7)
7.30.075 Recreational fires.
Recreational fires are allowed within the City with prior approval of the Fire Department. A special use permit shall be issued for recreational fires. Recreational fires shall be in accordance with the following:
A. Location. Recreational fires shall not be conducted within twenty-five (25) feet (seven thousand six hundred twenty (7,620) mm) of a structure or combustible material unless contained. Conditions which could cause a fire to spread to within twenty-five (25) feet (seven thousand six hundred twenty (7,620) mm) of a structure shall be eliminated prior to ignition.
B. Fire-Extinguishing Equipment. Buckets, shovels, garden hoses or a fire extinguisher with a minimum 4-A rating shall be readily available for use at recreational fires.
C. Attendance. Recreational fires shall be constantly attended by a person knowledgeable in the use of the fire extinguishing equipment required by subsection (B) of this section. An attendant shall supervise a recreational fire until such fire has been extinguished.
D. Discontinuance. The Fire Chief is authorized to require that recreational fires be immediately discontinued if such fires are determined by the Fire Chief to constitute a hazardous condition or public nuisance. (Ord. 99-1036 § 4)
7.30.080 Revocation of permits.
A burning permit shall be automatically suspended during any stage of an air pollution episode or during any period of impaired air quality. A burning permit shall automatically be revoked upon failure of the permit holder to comply with permittee’s duties pursuant to this chapter and terms of the permit. In addition, the City Fire Department shall have the authority to suspend or revoke a permit for the protection of life or property, or to prevent or abate any nuisance caused by the burning, or for any other reason deemed appropriate by the Fire Department. The permit fee shall not be refunded upon revocation of the permit. (Ord. 91-1020 § 8)
7.30.085 Training fires.
This section applies to structural fires set by fire departments, fire marshals, vocational schools, or fire districts for training fire fighters under realistic conditions. Fire departments, fire marshals, vocational schools, or fire districts may conduct structural fire training provided all of the following requirements are met:
A. The fire training shall not occur during any stage of an air pollution episode or period of impaired air quality;
B. Before the training begins, the fire department, fire marshal, vocational school, or fire district conducting the training fire must have submitted to PSAPCA a copy of the asbestos survey for the structure, and a completed PSAPCA Asbestos/Demolition Notification form indicating all asbestos has been removed from the structure prior to training;
C. The fire department, fire marshal, vocational school, or fire district conducting the fire training must have a fire-training plan available to PSAPCA upon request, and the purpose of the structural fire must be to train fire fighters;
D. Composition roofing, asphalt roofing shingles, asphalt siding materials, miscellaneous debris from inside the structure, carpet, linoleum, and floor tile must not be burned. These materials must be lawfully removed from the structure and disposed of in a lawful manner prior to the training exercise;
E. Nuisance complaints or citizen inquiries relating to any training fire shall be resolved by the fire departments, fire marshals, vocational schools, or fire districts conducting the training fire; and
F. The fire departments, fire marshals, vocational schools, or fire districts conducting the training fire shall obtain any permits, licenses, or other approvals required by any entity for such training fires. All permits, licenses, and approvals must be kept on-site and available for inspection. (Ord. 99-1036 § 5)
7.30.090 Violations and penalties.
The violation of, or failure to comply with, any provision of this chapter pertaining to outdoor fires and permits, and of any duties placed upon the permittee by this chapter or terms of the permit, shall be a misdemeanor and shall be punishable by a jail term not to exceed ninety (90) days, or a fine not to exceed the sum of one thousand dollars ($1,000), or both. It shall be prima facie evidence that the person who owns or controls real property on which an outdoor fire occurs has caused or allowed the said outdoor fire. (Ord. 99-1036 § 6: Ord. 91-1020 § 9)
7.30.100 Liability for fire suppression costs.
If any person, firm or corporation causes or allows an outdoor fire without a permit, or if a permit holder fails to comply with any provision of this chapter or the permit, and as a result of that failure the City is required to suppress a fire, the said person or permit holder shall be liable to the City for reimbursement of costs of the fire suppression services. (Ord. 91-1020 § 10)
7.30.110 Concurrent jurisdiction of the Puget Sound Air Pollution Control Agency.
The City recognizes the concurrent jurisdiction of the Puget Sound Air Pollution Control Agency in the matter of outdoor fires and adopts, by this reference, the applicable regulations of the said Agency as presently existing, or as may subsequently be amended. (Ord. 91-1020 § 11)