Chapter 8.10
OPEN BURNING CONTROL
Sections:
8.10.030 Piles of natural vegetation for burning.
8.10.080 Annual burn restriction.
8.10.010 Definitions.
A. “Burn barrel” is defined as: any drum, tank, cylinder, can or any other device which has not been approved by a certified testing agency or the local authority for the burning of natural waste, garbage, or any other substance.
B. “Fire hazard” shall be defined as any arrangement of materials and/or heat sources that presents the potential for harm, such as personal injury or ignition of combustibles.
C. “Open burning” shall be defined as the burning of natural vegetation.
D. “Natural vegetation” shall be defined as unprocessed plant material from herbs, shrubbery and trees, including grass, weeds, leaves, clippings, pruning, brush, branches, roots, stumps, and trunk wood.
E. “Recreational fire” means cooking fires, campfires, and bonfires using charcoal or firewood that occur in designated areas or on private property for cooking, pleasure, or ceremonial purposes. Fires used for debris disposal purposes are not considered recreational fires. (Ord. 23-20 § 1, 2023)
8.10.020 Authority.
A. The Fire Chief or their designee may deem a property or condition on or about a property to be a fire hazard.
B. Any open burning exceeding 10 feet in diameter requires a permit from the state of Alaska Division of Forestry and Fire Protection. (Ord. 23-20 § 1, 2023)
8.10.030 Piles of natural vegetation for burning.
Piles of natural vegetation for burning shall be no greater than 10 feet in diameter, and no more than four feet in height. If prior approval is obtained by the state of Alaska Division of Forestry and Fire Protection or Houston Fire Department, pile sizes may be increased. It shall be the responsibility of the property owner to contact the appropriate authorities to determine if a permit will be required, as well as to notify the Fire Department upon commencement of burning. (Ord. 23-20 § 1, 2023)
8.10.040 Burn barrels.
The following rules shall apply to all burn barrels at all times:
A. Use of a burn barrel requires the possession of a state of Alaska Class A burn permit, and compliance with the requirements set therein.
B. The burning of garbage and trash that emits black smoke is illegal.
C. No burn barrel may be set within 25 feet of any structure or forested land.
D. Burn barrels must be placed onto a noncombustible surface that extends at least six feet in all directions such as gravel, mineral soil, rocks, concrete pad or blocks, or asphalt surface.
E. No more than one burn barrel may be burned on any property at the same time.
F. Conditions that may cause the fire to spread shall be eliminated prior to ignition.
G. No burn barrel use shall occur when wind speeds or gusts exceed 10 miles per hour, unless prior approval is obtained by the state of Alaska Division of Forestry and Fire Protection and Houston Fire Department.
H. Burn barrels must have at least three evenly spaced vents along the lower one-third with metal mesh screen on the inside portion of the barrel.
I. Burn barrels must be covered by metal grating or fencing with no larger than one-half-inch holes while in operation other than the time of ignition and adding material. Contents must never lift this cover above the rim of the burn barrel.
J. A person capable of utilizing fire extinguishing equipment such as buckets, shovels, garden hoses connected to a charged water supply, fire extinguishers, heavy equipment, etc., shall attend the fire at all times.
K. Fire extinguishing equipment such as buckets, shovels, garden hoses connected to a charged water supply, fire extinguishers, heavy equipment or any equipment that will provide suppression of the proposed fire shall be on site at all times while the fire is burning. (Ord. 23-20 § 1, 2023)
8.10.050 Open burning.
The following rules shall apply to all open burning at all times:
A. The burning of garbage and trash that emits black smoke is illegal.
B. No open burning within 25 feet of any structure or forested land.
C. Pile size shall be no greater than five feet in diameter, unless prior approval to increase pile size is obtained from the state of Alaska Division of Forestry and Fire Protection and Houston Fire Department.
D. No more than one pile may be burned on any property at the same time.
E. Conditions that may cause the fire to spread shall be eliminated prior to ignition.
F. No open burning shall occur when wind speeds or gusts exceed 10 miles per hour, unless prior approval is obtained by the state of Alaska Division of Forestry and Fire Protection and Houston Fire Department.
G. A person capable of utilizing fire extinguishing equipment such as buckets, shovels, garden hoses connected to a charged water supply, fire extinguishers, heavy equipment, etc., shall attend the fire at all times.
H. Fire extinguishing equipment such as buckets, shovels, garden hoses connected to a charged water supply, fire extinguishers, heavy equipment or any equipment that will provide suppression of the proposed fire shall be on site at all times while the fire is burning. (Ord. 23-20 § 1, 2023)
8.10.060 Recreational fires.
A. Recreational fires are allowed; provided, that no restrictions or burn closures are in effect by any authority having jurisdiction.
B. The following rules for recreational fires shall apply at all times:
1. Recreational fires, campfires, and cooking fires shall be no greater than nine square feet in diameter and no more than two feet in height. Flames may not exceed five feet at any time including ignition. No petroleum products may be used to ignite recreational fires.
2. No recreational fires shall be located within 25 feet of any structure or property line.
3. No recreational fires shall be located more than 150 feet from any road or drivable surface.
4. A person capable of utilizing fire extinguishing equipment such as buckets, shovels, garden hoses connected to a charged water supply, fire extinguishers, heavy equipment, etc., shall monitor the fire at all times.
5. Fire extinguishing equipment such as buckets, shovels, garden hoses connected to a charged water supply, fire extinguishers, heavy equipment or any equipment that will provide suppression of the proposed fire shall be on site at all times while the fire is burning. (Ord. 23-20 § 1, 2023)
8.10.080 Annual burn restriction.
A. An automatic burn restriction on open burning shall be placed into effect from June 1st to July 30th each year.
1. Burn restriction conditions and procedures.
2. This burn restriction limits all residential burning to include yard waste such as trees, shrubs, and grass clippings.
3. Agricultural field burning or yard burning is allowed when properly permitted by the state of Alaska Division of Forestry and Fire Protection and precautions have been made for fire suppression if needed.
4. Recreational fires and campfires are allowed in approved devices at public campgrounds. Recreational fires are allowed in private pits at residences when surrounded by 25 feet of noncombustible space around the fire pit, a charged water line is present, and the fire is attended at all times.
5. The Houston Fire Chief may amend the beginning or end date of the annual burn restriction based on existing weather conditions at the time.
6. Additional conditions may be imposed by the Houston Fire Department or City of Houston as an emergency procedure if fire risks become very high or extreme.
B. Any Houston burn restriction does not affect fires at state or federal campgrounds in approved devices that are not subject to state or federal restrictions or closures. (Ord. 23-20 § 1, 2023)
8.10.090 Penalty.
A. A person who knowingly violates a provision of this chapter shall be subject to a civil penalty of not more than $250.00 for each offense.
B. A person who knowingly violates a provision of this chapter resulting in an uncontrolled fire that requires emergency services response may be held responsible for the full cost of the response to the emergency as established by the Houston Fee Schedule approved at the time of the offense. (Ord. 23-20 § 1, 2023)