Chapter 5.20
OPEN BURNING
Sections:
5.20.020 Adoption by reference.
5.20.080 Permitted burning materials.
5.20.090 Conditions for burning.
5.20.110 Local burn ban-Alternatives to burning.
5.20.140 Exceptions to burn pile size.
5.20.010 Purpose.
The purpose of this chapter is to regulate and establish controls on open outdoor burning in the city in order to:
(1) Preserve public health and safety;
(2) Assure continued enjoyment of private property; and
(3) Encourage the development and use of alternate methods of debris disposal. (Ord. 1149 § 1, 1995)
5.20.020 Adoption by reference.
The various provisions of the Washington Clean Air Act (“Act”), as encompassed in Chapter 70.94 RCW and Washington Administrative Code (WAC) 173-425, which are not otherwise inconsistent with the provisions of this chapter, are adopted by reference, specifically including, but not limited to:
WAC 173-425-030 Definitions.
WAC 173-425-040 Prohibited Materials.
WAC 173-425-050 Curtailment During Episodes of Impaired Air Quality.
(Ord. 1149 § 2, 1995)
5.20.030 Applicability.
(a) No outdoor burning is allowed within the city during a declared period of impaired air quality as determined by the NWAPA.
(b) Except as described in subsection (a) of this section and WAC 173-425-050, this chapter applies to all forms of outdoor burning in the city except:
(1) Silvicultural burning;
(2) Agricultural burning;
(3) Recreational fires as defined in WAC 173-425-030(12);
(4) Ceremonial fires as defined in WAC 173-425-030(2);
(5) Burning to improve and maintain fire dependent ecosystems (pursuant to Chapter 332-24 WAC). (Ord. 1149 § 3, 1995)
5.20.040 Permit issued.
The Sumas city clerk-treasurer is authorized to issue written permits for open outside burning within the Sumas city limits as authorized under this chapter during normal business hours after completion of a permit application form as provided in Section 5.20.060 of this chapter and the payment of an application fee. (Ord. 1149 § 4, 1995)
5.20.050 Permit term.
A permit shall be valid for the balance of the calendar month in which it is issued and shall expire at six-thirty p.m. on the last day of said calendar month. (Ord. 1149 § 5, 1995)
5.20.060 Permit form.
The applicant shall provide his/her name and phone number and shall provide the address of the site at which burning shall occur. The applicant shall affix his/her signature to the form. A copy of the completed form shall be provided to the applicant. The permit application form shall describe:
(1) Prohibited materials as listed in WAC 173-425-040;
(2) Permitted materials as defined in this chapter;
(3) Permissible days and hours of burning as established in this chapter;
(4) Conditions for burning as established in this chapter;
(5) A description of the liability assumed by the permit tee. (Ord. 1149 § 6, 1995)
5.20.070 Burning schedule.
A person possessing a valid burning permit may conduct open burning between the hours of eight a.m. and six-thirty p.m. on any Wednesday, Saturday or Sunday. (Ord. 1149 § 7, 1995)
5.20.080 Permitted burning materials.
Only natural vegetation, trees and untreated scrap lumber may be burned. (Ord. 1149 § 8, 1995)
5.20.090 Conditions for burning.
Burning may take place only under the following conditions; provided, however, that the conditions established in subsections (1) and (2) of this section shall not apply to burning conducted by the city:
(1) Burning shall be limited to materials already on site. Materials from one site shall not be transported to another site for burning;
(2) Except as may be approved by the city council on a case-by-case basis in accordance with Section 5.20.140, the burning pile shall be no wider or longer than four feet by four feet, and shall be no higher than three feet;
(3) A burning pile shall be no closer than fifty feet to any structure and from any standing timber;
(4) A fire shall not create a nuisance because of smoke or fly ash. A fire shall not interfere with a neighbor’s enjoyment of his property. Smoke from a fire shall not interfere with visibility on any street or alley;
(5) A fire shall be attended at all times by a person at least seventeen years old. The person shall have a means at hand to extinguish the fire;
(6) The person attending a fire shall have on site a copy of the applicable valid burning permit;
(7) The person igniting a fire shall be the owner of the site or shall receive permission to burn from the owner of the site;
(8) Burning barrels or the like are prohibited. (Ord. 1211 § 1,1997; Ord. 1173 § 1,1996: Ord. 1149 § 9, 1995)
5.20.100 Liability.
If a fire ignited pursuant to this chapter causes damage or loss to any person or property, the permittee shall be responsible for all costs and other liabilities associated with the fire, including but not limited to any costs incurred by a fire department or fire district to extinguish the fire. (Ord. 1149 § 10, 1995)
5.20.110 Local burn ban alternatives to burning.
The city utility superintendent (“superintendent”) shall have the authority to establish a temporary ban on open burning when necessary for reasons of public health and safety. The superintendent may provide alternate methods of debris disposal and may ban open burning during the period in which an alternate disposal method is made available. (Ord. 1149 § 11, 1995)
5.20.120 violations.
This chapter shall be enforced by the Sumas police department or an officer of the NWAPA. The Sumas police department or NWAPA officer may issue a notice of violation to the person responsible for a fire under any of the following circumstances:
(1) Conditions of a permit issued pursuant to this chapter are violated;
(2) Any open fire is ignited where, under this chapter, such fires are prohibited or where a permit is required and has not been obtained;
(3) Prohibited materials are burned in an open fire;
(4) Any open fire is ignited when a ban on open burning has been declared;
(5) Any ignited open fire is not extinguished when a ban on open burning has been declared;
(6) The fire causes emissions detrimental to health; and
(7) The fire causes emissions that unreasonably interfere with use and enjoyment of property. (Ord. 1149 § 12, 1995)
5.20.130 Penalties.
(a) A violation of any of the provisions of this chapter is designated a civil infraction as authorized under Chapter 7.80 RCW.
(b) A person found to have committed an infraction under this chapter may be assessed a monetary penalty.
No penalty shall exceed five hundred dollars or be less than fifty dollars for each offense, including all statutory assessments and costs. In lieu of payment of all or part of the monetary penalty, the court may provide for the performance of community service. (Ord. 1149 § 13, 1995)
5.20.140 Exceptions to burn pile size.
The city’s utility superintendent (“superintendent”) shall have authority to accept and review burning permits requesting a burn pile size in excess of the limitations set forth in Section 5.20.090(2). Such permits shall, if approved by the superintendent, be referred to the city council for final acceptance. The city council is empowered to accept or reject such applications for burn pile size in excess of maximum allowed on a case-by-case basis using the standards as set forth in the state of Washington as covered under the Clean Air Act and the rules and regulations adopted by the Northwest Air Pollution Authority (NWAPA) representing all areas within Whatcom County. (Ord. 1211 § 2, 1997)