ORD 2000-27 OUTDOOR BURNING RESTRICTIONSDRAFT: July 6, 2000
ORDINANCE NO 2000-27
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to outdoor burning restrictions within the City; repealing
Section 15.04.110 and amending Chapter 8.12 of the B ainbridge
Island Municipal Code.
WHEREAS, Chapter 70.94 RCW, Chapter 173-425 WAC, and Regulation I of the Puget
Sound Clean Air Agency (PSCAA) place restrictions on outdoor buming; and
WHEREAS, Chapter 70.94 RCW known as the "Clean Air Act" specifically prohibits
outdoor burning associated with residential and land clearing fires in any city having a
population greater than 10,000 people after December 31, 2000; and
WHEREAS, the State's Department of Ecology (DOE) has revised its outdoor burning
rules to be consistent with the State's Clean Air Act, effective April 13, 2000; and
WHEREAS, DOE has declared that outdoor burning emits air pollutants that are harmful
to public health and restrictions on outdoor burning are intended to encourage the
development of reasonable alternatives to burning; and
WHEREAS, the City Council desires to restrict outdoor burning in a manner that is
consistent with state la~v and regulations; now therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 15.04.110 of the Bainbridge Island Municipal Code is repealed.
Section 2: Chapter 8.12 of the B ainbridge Island Municipal Code is amended as follows:
8.12.010 Purpose. The purpose of these regulations is to restrict outdoor burning within
the City consistent with state law and regulations.
8.12.020 Definitions.
A. "Air pollution episode" means a period when a forecast, alert, warning or emergency
air pollution stage is declared by a state agency.
"Agricultural burning" means outdoor burning related to commercial agricultural
activities under Chapter 173-430 WAC, including, but not limited to, any incidental
agricultural burning or agricultural burning for pest or disease control.
C. "Fire fighting instructional fires" means fires for instruction methods of fire fighting.
D. "Fire protection agency" means the Bainbridge Island Fire Department.
E. "Impaired air quality" means a condition declared by an appropriate state agency in
which air contaminants exceed the amount established by regulation.
"Land clearing burning" means outdoor burning of trees, stumps, shrubbery, or other
natural vegetation from land clearing projects, including projects that clear the land
surface so it can be developed or for a different purpose.
Go
"Natural vegetation" means unprocessed plant material from herbs, shn~bbery, and
trees including grass, weeds, leaves, clippings, prunings, brush, branches, roots,
stumps and trunk wood.
Ho
"Outdoor burning" means any type of burning as specified in Chapter 173-425 WAC,
including the combustion of material of any type in an open fire or in an outdoor
container without providing for the control of combustion or the control of the
emissions from the combustion.
"Recreational fire" means cooking fires, campfires, and bonfires using charcoal or
bare, untreated firewood that occur in designated areas or on private property for
cooking, pleasure or ceremonial purposes. A fire used for yard waste disposal
purposes is considered as residential burning, not a recreational fire.
"Residential burning" means the outdoor burning of natural vegetation associated
with yard and gardening refuse originating on land immediately adjacent and in close
proximity to a human dwelling and burned on such lands by the property owner or
his/her designee.
K. "Silvicultural burning" means outdoor burning associated with forest management
activities under Chapter 70.94 RCW.
"Storm or flood debris burning" means fires consisting of natural vegetation
deposited on lands by storms or floods that have resulted in an emergency being
declared by the city, county or state government; and are burned on such lands by the
property owner or his/her designee.
8.12.030 Outdoor Burning--Prohibited Types.
The following types of outdoor buming are prohibited:
1. Any outdoor fire during any stage of an air pollution episode of period of
impaired air quality.
2. Any outdoor fire during any period of time that a buming ban has been
established by the fire protection agency due to high fire hazard conditions.
Any outdoor fire containing garbage, dead animals, asphalt, petroleum products,
paints, tires, rubber products, plastics, paper (other than what is necessary to start
a fire), cardboard, treated wood, construction/demolition debris, metal, or any
substance (other than natural vegetation) that normally releases toxic emissions,
dense smoke, or obnoxious odors when burned.
4. Any outdoor fire in a metal container such as a burning barrel.
5. Any outdoor fire for the purpose of demolition, salvage or reclamation of
materials.
,
Any outdoor fire for which a permit or approval has not been issued by a state
agency and/or the local permitting agency, as appropriate, when such permits or
approvals are required by law.
7. Any land clearing burning.
8. Any residential burning.
8.12.040 Outdoor Buming--Permitted Types
A permit is required for the following types of outdoor buming:
1. Fire fighting instructional fires that comply with all applicable state laws and
regulations.
2. Agricultural burning that complies with all applicable state laws and regulations.
3. Silvicultural burning that complies with all applicable stare laws and regulations.
4. Storm or flood debris burning, with time limitations for burning established by the
City.
Recreational fires with a total fuel area that is greater than 3 feet in diameter
and/or two feet in height. Exception: Recreation fires under this size are allowed
and do not require a permit.
8.12.050 Permitting Agency
A. The City is the designated permitting agency for outdoor buming.
The City (or its designated agent) must approve with conditions or deny outdoor
burning permits as needed to achieve compliance with this chapter. The City may
enter into an interlocal agreement with the fire protection agency and appoint the fire
protection agency as its agent for permit administration.
Fees. As the designated permitting agency for outdoor burning, the City may charge
a fee for any permit, provided that the fee amount must not exceed the costs of
administering and enforcing the permit program. The City shall establish the fee by
resolution.
8.12.060 Field Response to Complaints and Enforcement
The City and the fire protection agency may enter into an interlocal agreement that
defines the specific responsibilities of each jurisdiction for field response to outdoor
burn complaints and enforcement.
The City (or its designated agent) will ascertain whether the outdoor burning is legal
or illegal and will take any corrective actions necessary to control or extinguish an
illegal or out of control fire.
C,
The City's code enforcement officer may issue any infractions or penalties for illegal
or out of control outdoor fires as set forth in Chapter 1.26 of the Bainbridge Island
Municipal Code.
D,
If the fire protection agency responds to, controls or extinguishes an illegal or out of
control fire, the fire protection agency may charge and recover from the person
responsible for the fire the costs of its response and control action.
Section 3. If any section, sentence, or provision of this chapter, or the application of any
section, subsection, sentence, or provision of this chapter to any person or circumstance,
is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, subsection, sentence, or
provision, or the application of any other section, subsection, sentence, or provision to
any other person or circumstance.
Section 4. This ordinance shall take effect and be in force five days after its passage,
approval and publication as provided by law.
PASSED by the City Council this 8th day of November, 2000.
APPROVED by the Mayor this 9 th day of November , 2000.
D~vi}ght Sutto/~, MayoT''~
ATTE S T/AUTHENTICATE:
S er Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
August 2, 2000
November 8, 2 0 0 0
November I 5, 2 0 0 0
November 2 0, 2 0 0 0
2000-27