ORD 89-16 BURNING PERMITSPrepared On: April 21, 1989
To Be Considered:
Ordinance No. 89 - 16
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 provi-
ded 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 con-
text 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 materials 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) "F~re 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 #2.
B. Conditions. The Department reserves the authority to
restrict, regulate, refuse, revoke, or postpone outdoor fires
under RCW 52.12.103 and 52.12.104, as now existing or hereafter
amended, due to adverse fire weather or to prevent restriction of
visibility, excessive air pollution or a nuisance.
C. Requirements.
all outdoor fires.
The following requirements will be met for
(1) The fire shall not include prohibited materials.
(2) A person capable of extinguishing the fire shall attend
it at all time and the fire shall be extinguished before leaving it.
No person shall be responsible for more than one fire at a time.
(3) A recreational fire shall be in a hand-built pile no
larger than four feet in diameter. This includes a fire in a camp
stove or other burning container. A serviceable shovel shall be
within the immediate vicinity of the fire.
(4) No recreational or debris disposal fires shall be within
fifty feet of structures.
(5) A debris disposal pile shall be no larger than ten feet
in diameter. This includes fires built in a burning barrel. A
serviceable shovel and an adequate water supply capable of exsting-
uishing 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 per property or lot at a time
shall be burned~ and each pile shall be extinguished before lighting
another.
(7) No outd6or 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 Deparment may require that it be extinguished.
(11) A landowner or his designated representative shall obtain
written permission before building an outdoor fire on the property
of another.
D. Failure To Comply. Failure to comply with the rules in
Section C voids permission to burn and the person burning is in
violation of RCW 52.12.105, 106, 108 and 14.08.010 and subject to
the penalties therein as now existing or hereafter amended.
E. Costs. The Department shall have the right to recover
costs of extinguishing any outdoor fire prohibited by this section.
F. Severability. If any section, clause, or other provision
of this ordinance or its application to any person or circumstance,
is held invalid, the remainder of such ordinance, or the application
of such section, clause, or provision to other persons or cir-
cumstances, shall not be affected.
G. 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
Mayor Alice B. Tawrese~
Attest/Authenticated
Robert O. Conole~/C~
Filed with City Clerk: May 10, 1989
Passed By City Council: May 18, 1989
Published Effective Date: May29, 1989
Ordinance No. 89-16