Chapter 12.60


12.60.010    Authority.

12.60.020    Burning permits required.

12.60.030    Burning permit rules.

12.60.040    Penalties.

12.60.050    Severability.

12.60.010 Authority.

This Chapter is enacted under the authority of the International Fire Code, Section 307, which authorizes the County to require the issuance of a permit prior to the kindling or maintaining of bonfires and rubbish fires. (Ord. O20050008 (part): Ord. 15129 (part), 1993)

12.60.020 Burning permits required.

(1) Except on land classified as “forest land” under RCW 76.04.005(8) and land in a city or town, a person shall have a written burning permit to kindle or maintain any fire which exceeds size requirements determined by resolution by the Board of County Commissioners. The permit shall be issued by the Interagency Fire Warden employed by Skagit County, herein referred to as the Fire Warden, under the authority of the Skagit County Fire Marshal to enforce the International Fire Code as adopted by Skagit County.

(2) To be valid, a permit must be signed by both the Fire Warden or his designee and the permittee. Conditions may be imposed in the permit for the protection of life, property or air quality, and the Fire Warden or his designee may suspend or revoke permits when conditions warrant. A permit shall be effective only under the conditions and for the periods stated therein. Signing of the permit shall indicate the permittee’s agreement to and acceptance of the conditions of the permit.

(3) The Fire Warden or his designee may inspect or cause to be inspected the area involved and may issue a burning permit if:

(a) All requirements relating to fire fighting equipment, the work to be done, and precautions to be taken before commencing the burning have been met;

(b) No unreasonable danger will result; and

(c) Burning will be done in compliance with air quality standards established by Chapter 70.94 RCW, Chapter 173-425 WAC, Northwest Air Pollution Authority (NWAPA) regulations and Skagit County Health Regulations regarding outdoor burning.

(4) The Fire Warden or his designee may refuse, revoke, or postpone the use of permits to burn when necessary for the safety of adjacent property or when necessary in his judgment to prevent air pollution as provided in Chapter 70.94 RCW. (Ord. O20050008 (part): Ord. O20020005 (part); Ord. 15129 (part), 1993)

12.60.030 Burning permit rules.

Skagit County incorporates the State Department of Natural Resources Burning Rules contained in WAC 332-24-205, 332-24-221, and 332-24-271. Wherever the word “Department” appears in said regulations, the words “Skagit County” are substituted. The fee schedule for written burning permits will be set by resolution by the Board of County Commissioners. Burning permits are not valid until appropriate fees as set by the Board of County Commissioners have been paid. (Ord. O20050008 (part): Ord. 15129 (part), 1993)

12.60.040 Penalties.

(1) Failure to obtain a written burning permit as required by this Chapter and/or failure to comply with any condition of a burning permit once issued shall be a civil infraction. Each day of violation constitutes a separate infraction.

(2) Any notice of infraction of this burning permit ordinance shall be processed pursuant to the provisions of Chapter 7.80 RCW, WAC 173-425-060(6), or as otherwise set forth in this Chapter or applicable Skagit County resolution, as well as any rules of the Washington Supreme Court and local court rules which are adopted. The Fire Warden or his designee is the enforcement officer. The NWAPA shall provide enforcement for air quality issues.

(3) Civil infractions of this Chapter are Class 1 infractions carrying the legal penalty and payment of the required fee if it has not already been paid. (Ord. O20050008 (part): Ord. O20020005 (part); Ord. 15129 (part), 1993)

12.60.050 Severability.

Should any section, subsection, paragraph, sentence, clause or phrase of this Chapter be found unconstitutional or invalid for any reason, such finding shall not affect the validity of the remaining portion of this Chapter. (Ord. O20050008 (part): Ord. 15129 (part), 1993)