ORDINANCE NO.  2001-07

(Amending Ordinance 1994-07 and SCC 8.14)

 

BE IT HEREBY ORDAINED AND ESTABLISHED BY THIS BOARD OF COUNTY COMMISSIONERS OF SKAMANIA COUNTY, WASHINGTON AS FOLLOWS:

 

WHEREAS, Ordinance 1994-07 (SCC Chapter 8.14) prohibits outdoor burning except in accordance with state law and the County ordinance, and

 

WHEREAS, RCW 70.94.740 through 70.94.780 prohibits outdoor burning except in accordance with said statute and the Washington Administrative Code Rules promulgated pursuant thereto; and,

 

WHEREAS, Southwest Clean Air Agency has determined that limited outdoor burning is permitted within Skamania County; and,

 

WHEREAS, Southwest Clean Air Agency and the Department of Ecology have requested Skamania County to continue to regulate outdoor burning.

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISIONERS OF SKAMANIA COUNTY WASHINGTON, TO AMEND ORDINANCE 1994-07 AND SECTION 8.14 of SKAMANIA COUNTY CODE AS FOLLOWS:

 

SECTION 8.14.010 of Skamania County Code and  SECTION 1 of Ordinance 1994-07    Permit required for outdoor burningDefinitions.

Campfires:  Small fires that are started and retained within an established campfire site which does not  exceed 4 feet in diameter and are contained within a brick, stone or masonry fire pit.

 

Fire Marshall:  Person appointed by Board of Commissioners.

 

Outdoor Burning:  Includes all fires that occur outside building structures.

 

Small Fires:  Outdoor burning shall be regulated by a permit system that will include a small fire permit for fires that do not exceed piles with outside dimensions of 4 feet X 4 feet X 3 feet high from July 1st through October 15th and 10 feet X 10 feet X 5 feet high from October 16th through June 30th.

           

Large Fires:  Large fire permits will include all fires exceeding the small fire dimensions.  Outdoor burning is not allowed within the unincorporated area of Skamania County unless the persons conducting the outdoor burning shall obtain a permit from the appropriate authority and burn outdoor fires in accordance with the laws and regulations enacted by the State of Washington, and Skamania County.

 

 

 

 

 

 

SECTION 8.14.020 of Skamania County Code and SECTION 2 of Ordinance 1994-07 Permit Issued. 

A.     Small Fires 4’x4’x3’ July 1st through October 15th and 10’x10’x5’ October 16th through June 30th.  Permits will be issued by Skamania County.  Permits will be obtained from a self-service station located at each Fire District Station or at Skamania County Engineer’s Office.

 

B.     Large Fires Exceeding 4’x4’x3’ July 1st through October 15th and 10’x10’x5’ October 16th through June 30th.  The Department of Natural Resources Southwest Clean Air Agency or other agents of the County under written agreement with Skamania County shall be authorized to issue written permits.  These permits will be evaluated on a case by case basis.  The person or entity obtaining a burning permit shall be responsible to burn in accordance with the conditions of said permit.

 

SECTION 8.14.030 of Skamania County Code and SECTION 3 of Ordinance 1994-07 PERMIT FEE.

C.      Application for burning permit The application will include providing the pertinent information listed on the application form and include a fee of $  50.00 $100.00 for piles under 100 tons.  Piles over 100 tons will follow fee schedule below all large fire permits.

 

ESTIMATAED TONS OF FUEL                                                           FEE

100 – 500 tons                                                                                           $100.00

501 – 1000 tons                                                                                         $300.00

1001 – 1500 tons                                                                                       $500.00

 

SECTION 8.14.040 of Skamania County Code and SECTION 4 of Ordinance 1994-07 Fires Allowed.

A.     The following outdoor fires described in this section may be burned subject to the provisions of the Laws of the State of Washington and such other ordinances and regulations that are now or may become in effect in Skamania County.

 

A.     No person shall conduct any outdoor burning, or permit outdoor burning to occur except as provided by this Ordinance or State law.

 

B.     No outdoor fires, except as exempted by this ordinance or State Law, will be allowed without a burning permit.

 

C.     Campfires shall be allowed without a permit except during times of a burn ban as provided in Section five.

 

D.    All silvicultural outdoor burning conducted in accordance with State law and rules and regulations adopted by the Department of Natural Resources are exempt from the County’s permit requirements.

 

E.     All  agricultural outdoor burning conducted in accordance with State law and rules and regulations adopted by the Department of Ecology are exempt from the County’s permit requirements.

F. All outdoor fires shall be restricted to natural vegetation grown on the property where the burning occurs, consisting of leaves, clippings, pruning, residue from trees, stumps or other natural occurring vegetation.  All other material is prohibited except what paper is necessary to ignite the burning process.  Person conducting a campfire may use commercial artificial logs generally designed for campfires.

 

SECTION 8.14.050 of Skamania County Code and SECTION 5 of Ordinance 1994-07 Emergency Closure.

Any Fire District or other municipality or agency with fire protection or air quality authority may declare a temporary emergency to exist and report the same to the Board of Commissioners who shall conduct a hearing as soon as possible to determine whether or not to continue said closure and the duration thereof.   

 

The Fire Marshal may declare a seven (7) day emergency ban against all outdoor burning if he determines emergency conditions exist.  The Fire Marshal shall promptly notify the Board of Commissioners of said closure and the reasons for the closure.  The Board of Commissioners, as soon as practical, shall conduct a public meeting to determine whether to continue and/or extend the burn ban.  If extended, the burn ban shall remain in effect until the Fire Marshal or the Board of County Commissioners orders the ban lifted.  The Fire Marshal shall be responsible to notify the public of all fire bans and resumption of outdoor burning.

 

SECTION 8.14.0160 of Skamania County Code and SECTION 6 of Ordinance 1994-07 Burning Rules.

All outdoor fires are subject to the following rules:

 

A.     No open burning shall be done during the declared period of impaired air quality or during a Burn Ban as described in Section 5.  Burning conditions shall be obtained each day before starting to burn.  Phone number will be provided on the permit or can be obtained from the County Fire Marshal.

 

G. Each person conducting an outdoor fire shall be responsible and liable if the fire creates a nuisance or causes damage or personal injury.

 

SECTION 8.14.080 of Skamania County Code and SECTION 8 of Ordinance 1994-07 Penalties.        

B.     Violations under the preceding section will be a civil infraction in accordance with the laws of Skamania County and shall be punishable by a fine of not more than five hundred dollars for each occurrence for small fires or actual costs for large fires.  Any person violating this ordinance will also be responsible civilly for any damage or injury caused.

 

BE IT ORDAINED that the amendments in this ordinance shall become effective upon its final adoption.

 

BE IT FURTHER ORDAINED that except as herein modified, Ordinance 1994-07, now codified under Title 8 chapter 14 of the Skamania County Code shall remain in effect.

REVIEWED IN REGULAR SESSION this ______day of__________, 2001, and set for public hearing on the _______day of ____________, 2001.