ORDINANCE NO. 2006 - 08
(Repealing Ordinances 1994-07 and 2001-07 and SCC 8.14 related to Outdoor Burning and adopting a new SCC 8.14 related to Outdoor Burning)
BE IT HEREBY ORDAINED AND ESTABLISHED BY THIS BOARD OF
WHEREAS, Ordinance 1994-07 and 2001-07 (Skamania County Code 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, Skamania County Board of Commissioners deems it in the best interest of persons and property to prohibit debris fires from July 1st through September 30th of each year due to the potential danger of wildfire and adopt a more clearly understood, consistent, and usable ordinance related to outdoor burning;
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Skamania County, Washington to repeal Ordinance 1994-07, Ordinance 2001-07, and Section 8.14 of Skamania County Code and adopt a new Section 8.14 of the Skamania County Code as follows:
8.14.010 Definitions.
Debris Fire: A fire that has a fire pile not exceeding the outside dimensions of ten feet by ten feet by five feet high or multiple fires that do not exceed a combined total of 100 square feet..
Fire Marshall: Person designated by the Board of County Commissioners to perform the duties of a
Outdoor Burning: Includes debris fires and recreational fires that occur outside building structures in unincorporated
Recreational Fire: Fire started and retained on private land or in a county-designated campground that is contained within a metal, brick, stone or masonry fire pit.
8.14.020 Fires Allowed.
A. No person shall conduct any outdoor burning, or permit outdoor burning to occur except as provided by this chapter or state or federal law.
B. No debris burning shall be allowed without a burning permit.
C. A recreational fire requires no permit. Recreational fires shall be allowed year-round, except during times of an emergency fire burn ban as provided in Section 8.15.040.
D. No outdoor fires are allowed other than those authorized by this ordinance or those permitted by other governmental agencies with the authority to regulate fires in Skamania County. Permits must be obtained from the governmental agency responsible for regulating such fires in Skamania County. Permits must be obtained from the governmental agency responsible for regulating such fire.
8.14.030 Fire Permits.
A. The Fire Marshal shall oversee the permitting process for debris fire permitting practices. The permitting process will conform to the Laws of the State of Washington and such other ordinances and regulations that are now or may become in effect in Skamania County.
B. Debris Fire Permits. A permit for debris fire burnings only shall be valid October 1st first though June 30th Debris fires are not permitted from July 1st though September 30th of each calendar year. A new permit, issued by Skamania County, must be obtained each year. The permit can be obtained from a self service station located at each fire protection district station in the unincorporated portion of Skamania County or at the Skamania County Engineer’s Office. A copy of the written permit shall be available at the burn site and provided to authorized fire protection district, County Fire Marshal or law enforcement personnel upon request.
C. Debris Fire Permit fee. There shall be no permit fee for Debris Fires.
8.14.040 Emergency Burn Ban
A. If the Fire Marshal determines emergency conditions exist, the Fire Marshal may declare a seven-day emergency burn ban at any time during the year, as follows:
1. against all outdoor burning regulated by this ordinance, this includes both debris fires and recreational fires;
2. against debris fire burning only; or
3. against recreation fire burning only.
B. The Fire Marshal shall promptly notify the Board of Commissioners of said burn ban and the reasons for the ban. 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 Commissioners orders the ban lifted.
C. The Fire Marshal shall be responsible to notify the public, county law enforcement, fire protection districts and Washington Department of Natural Resources of all fire bans and resumption of outdoor burning.
8.14.050 Outdoor Burning Rules
A. Debris Fire Rules:
1. All debris fires shall be conducted in accordance with state law and the rules and regulations of Skamania County.
2. A debris fire has a fire pile not exceeding the outside dimensions of ten feet by ten feet by five feet high or multiple fires that do not exceed a combined total of 100 square feet. Debris fires are allowed only from October 1st through June 30th. The debris material used in the fire is limited to leaves, clippings, prunings, and residue from trees, stumps or other natural occurring vegetation.
3. All fires must be attended at all times. A sufficient water supply and shovel must be at the burning site and ready to use.
4. No debris fire burning shall be done during a period of impaired air quality declared by Southwest Washington Clean Air Agency or during a emergency burn ban as described in Section 8.14.040. Burning conditions shall be obtained each day before starting to burn. Phone number will be provided or can be obtained from the County Fire Marshal.
5. All debris fires shall be done with the following clearances from structures, property lines and other combustible materials:
a. Not less than twenty-five feet for piles sizes four feet by four feet or less.
b. Not less than fifty feet for pile sizes greater than four feet by four feet.
6. Debris fires shall be conducted only during daylight hours.
7. No debris fires are permitted in or within five hundred feet of forest slash without first obtaining a written permit from the governmental agency regulating such fires.
8. If a debris fire creates a nuisance that unreasonably interferes with property use and enjoyment of adjacent property owners, it must be extinguished upon direction from fire control authorities and those designated under Section 8.14.060.
B. Recreational Fire Rules:
1. A recreational fire must be started and retained on private land or in a county-designated campground.
2. A recreational fire must be contained within a metal, brick, stone or masonry fire pit and have a maximum fire diameter of two feet.
3. The material used in the recreational fire is restricted to unpainted wood, charcoal or commercial artificial logs generally designed for campfires. All other materials are prohibited except what paper is necessary to ignite the burning process.
4. A person capable of extinguishing the recreational fire shall attend it at all times and the fire must be totally extinguished before leaving it. A sufficient water supply and shovel must be at the burning site and ready to use.
5. A recreational fire shall have a ten-foot radius free of combustibles, a twenty-foot vertical clearance from overhanging branches, and be located 25 feet from all structures and 50 feet from all logging slash and debris.
6. No recreational fire burning shall be done during an emergency burn ban as described in Section 8.14.040.
7. If a recreational fire creates a nuisance that unreasonably interferes with property use and enjoyment of adjacent property owners, it must be extinguished upon direction from fire control authorities and those designated under Section 8.14.060.
8.14.060 Enforcement.
The Sheriff of Skamania County shall be responsible to enforce this chapter and issue notices of violation to the person(s) responsible for the fire. In emergency situations where immediate action is required, officials representing a fire authority, such as a Skamania County fire protection district, Skamania County Fire Marshal, State Department of Natural Resources and/or Southwest Washington Clean Air Agency may extinguish the fire and then notify Skamania County Sheriff for further enforcement action under any of the following:
A. Conditions of a permit issued under this ordinance are violated;
B. Any open fire is ignited where, under this chapter, such fires are prohibited or where a permit is required and has not been obtained;
C. Prohibited materials are burned in an open fire, including trash and garbage disposal in "burn barrel";
D. Any open fire is ignited when a condition of impaired air quality or burn ban has been declared;
E. Any ignited open fire that is not extinguished when a condition of impaired air quality is declared;
F. The fire causes emissions that unreasonably interfere with property use and enjoyment of adjacent property owners.
8.14.070 Penalties.
A. A violation of this chapter may subject a person to any penalty or other remedy authorized in RCW 70.94. If a fire authority is called to respond to, control or extinguish an illegal or out of control fire, said fire authority may charge and recover from the person responsible for the fire the costs of its response and control action.
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 debris fires or recreational fires. Any person violating this ordinance will also be responsible civilly for any damage or injury caused.
REVIEWED IN REGULAR SESSION this 6th day of July 2006, and set for public hearing on the 2nd day of August 2006.
BOARD OF COMMISSIONERS
SKAMANIA COUNTY, WASHINGTON
_____________________________
Chairman
ATTEST: _____________________________
Commissioner
_____________________________ _____________________________
Clerk of the Board Commissioner
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Nay __
Abstain __
Absent __
ORDINANCE NO. 2006-08 is hereby DULY PASSED AND ADOPTED INTO LAW this _____ day of _____________ 2006
BOARD OF COMMISSIONERS
SKAMANIA COUNTY, WASHINGTON
_____________________________
Chairman
ATTEST: _____________________________
Commissioner
_______________________________ _____________________________
Clerk of the Board Commissioner
Approved as to Form:
_______________________________
Prosecuting Attorney
Aye __
Nay __
Abstain __
Absent __