ORD 89-05 BURNING PERMITSPrepared On: February 22, 1989
To Be Considered: March 2, 1989
Ordinance No. 89-05
An Ordinance To Amend The Winslow Municipal
Code As To Burning Permits To Provide For
Their Denial Or Issuance, Applicable Defini-
tions, Requirements, Standards For Burning,
Penalties, The Posting Of A Bond, And Provid-
ing For Costs Of Enforcement, To Be Added To
Title 15 As Section 15.04,100.
The Mayor and Council of the City of Winslow, Washington do
ordain as follows:
Section 1. A new section is added to the Winslow Municipal
Code entitled Section 15.04,100 Burning Permits as follows:
Section 15.04.100. The authority for this section is
provided by Chapter 52.12 RCW as now existing or hereafter
amended.
This section recognizes the many instances of the need for
an outdoor fire and outlines the requirements regarding burning
approved materials in City of Winslow.
A. Definitions. As used in this code, the words and
phrases in this section shall have the meanings indicated unless
the context clearly requires otherwise.
(1) "Outdoor fire" means the combustion of material in the
open or in a container with no provisions for the control of such
combustion or the control of the emissions from the combustion
product.
(2) "Debris disposal fire" means an outdoor fire for the
prevention of a fire hazard or for the purpose of cleanup of
natural vegetation, including but not limited to garden refuse
and residue of a natural character such as leaves, clippings,
prunings, trees, brush, shrubbery and wood so long as it has not
been treated with an application of prohibited material or sub-
stances and is in a pile no larger than ten feet in diameter.
(3) "Recreational fire" means an outdoor fire for the pur-
pose of sport, pastime or refreshment including but not limited
to campfires, bonfires and cooking fires and is in a hand built
pile no larger than four feet in diameter.
(4) "Fire hazard" means the accumulation of combustible
materials in such a condition as to be readily ignited and in
such a quantity as to create a hazard to nearby structures,
forested areas or property.
(5) "Forest slash" means an accumulation of forest debris
resulting from land clearing, stumps and the commercial growing,
harvesting or processing of timber.
(6) "Department" means the administration of Kitsap County
Fire Protection District #2 or its authorized representatives.
(7) "Prohibited materials" means garbage, dead animals, as-
phalt, petroleum products, paints, rubber products, plastic or
any other substance which normally emits dense smoke or obnoxious
odors.
(8) "Department protection area" means that area within the
boundaries of Kitsap County Fire Protection District Number Two.
B. Conditions. The Department reserves the authority to
restrict, regulate, refuse, revoke, or postpone outdoor fires un-
der RCW 52.12,103 and 52.12,104, as now existing or hereafter
amended, due to adverse fire weather or to prevent restriction of
visib~ljty, excessive air pollution or a nuisance.
C. Burning Permits. Outdoor fires are prohibited within
any Department protection area unless a written burning permit is
obtained from the Department and signed by the permittee who af-
terwards has the permit in possession while burning and complies
with the terms of such permit. PROVIDED, That a written burning
permit for an outdoor fire is not required by the department:
(1) in certain geographical areas designated by the
Department; or
i2) where an outdoor fire is contained within an approved
camp stove or burning barrel and is in a safe location; or
(3) when the fire meets the conditions specified in Section
6 of this rule.
D. Requirements. The following requirements will be met
for all outdoor fires burned without a permit. Persons not able
to meet the requirements of subsections (1) through (11) shall
apply for a written burning permit.
(1) The fire shall not include prohibited materia]-s.
(2) A person capable of extinguishing the fire shall attend
it at all time and the fire shall be extinguished before leaving
it.
(3) No recreational or debris disposal fires shall be
within fifty feet of structures.
(4) A recreational fire shall be in a hand-built pile no
larger than four feet in diameter. A serviceable shovel shall be
within the immediate vicinity of the fire.
(5) A debris disposal pile shall be no larger than ten feet
in diameter. A serviceable shovel and an adequate water supply
capable of extinguishing the fire shall be within the immediate
vicinity of the fire, such as one of the following: (a) a minimum
of five gallons of water, or (b) a bucket if the outdoor fire is
adjacent to an accessible body of water, or (c) a charged garden
hose line.
(6) Only one debris disposal pile at a time shall be
burned, and each pile shall be extinguished before lighting
another.
(7) No outdoor fire is permitted in or within five hundred
feet of forest slash or any other accumulation of combustible
material without a written burning permit.
(8) The materials to be burned shall be placed on bare
soil, gravel, bars, beaches, green field or other similar areas
free from flammable material for a sufficient distance adequate
to prevent the escape of the fire.
<9) Burning shall be done during periods of calm to very
light winds. Burning when the wind will scatter loose flammable
materials, such as dry leaves and clippings is prohibited.
(10) If the fire creates a nuisance from smoke or flying
ash, the Department may require that it be extinguished,
(11) A landowner or his designated representative shall ob-
tain written permission before building an outdoor fire on the
property of another.
E. Additional Requirements, Cancellations and Amendments.
All recreational or debris disposal fires which do not meet the
requirements of Section D , and all piles ten feet in diameter or
larger shall be required to have a burning permit. Such burning
permit may be amended or cancelled by the Department because of
adverse fire weather, to prevent restriction of visibility, ex-
cessive air pollution, or nuisance.
(1) Burning permits shall be issued for a period of fifteen
days or less. PROV]~DED, that a permit may be extended when
authorized by the Department.
(2) All burning permits shall require a firebreak which is
approved by the Department and of sufficient size to prevent the
escape of fire.
(3) The Department shall determine the minimum number of
qualified persons to be on the scene until the fire is extin-
guished. A dozer with a qualified operator on the scene may be
required by the Department.
(4) The Department shall establish the minimum water
requirements on the scene to prevent the break-out or spread of
the fire.
(5) The permit shall require the permittee to protect, save
and hold harmless the Department and its employees from all
claims, costs, damage or expenses of any nature whatsoever aris-
ing out of or in connection with the use of a burning permit.
The permittee shall also be responsible for the payment of any
fine or penalties charged against the use of the burning permit
as a result of the permittee's action in not complying with laws
or ru]les which may affect the use of the burning permit.
F. Failure To Comply. Failure to comply with the rules in
Section D and E voids permission to burn and the person burning
is in violation of RCW 52.12.105,106, 108 and 14.08.010 and sub-
ject to the penalties therein as now existing or hereafter
amended.
G. Bond. The Department may require a bond as a guarantee
of the faithful performance of the burning permit in an amount to
include all damages that may accrue.
H. Costs. The Department shall have the right to recover
costs of extinguishing a fire.
I. Severability. If any section, clause, or other provi-
sion of this ordinance or its application to any person or cir-
cumstance, is held invalid, the remainder of such ordinance, or
the application of such section, clause, or provision to other
persons or circumstances, shall not be affected.
J. Procedures. The Fire Chief shall establish procedures
for carrying out the provisions of this section.
This ordinance shall take effect five days after publication
in the official city newspaper.
Approved
Attes t/Authenti cated
City ler~J nna Jean Buxton
Mayor Alice
Approved As To Form:
City Attorney
Filed with City Clerk: February 23, 1989
Passed By City Council: March 2, 1989
Published Effective Date: March 20, 1989
Ordinance No. 89-05