CHAPTER 30-2
GENERAL AUTHORITY

30-2-1. General Authority.

(A)    Fire Protection. The Potawatomi Tribal Fire Department is hereby directed and authorized to take appropriate measures to protect life, property, and the environment from any hostile fire. The Nation hereby adopts by reference the 2009 version of the National Fire Protection Association (NFPA) 101 Life Safety Code and amendments thereto.

(B)    Emergency Medical Service. The Potawatomi Tribal Fire Department is hereby directed and authorized to take appropriate measures to assist individuals by providing emergency medical care including utilizing advanced life support (ALS) services and trained personnel with appropriate equipment.

(C)    Hazardous Materials, Investigation, and Technical Rescue. The Potawatomi Tribal Fire Department is hereby directed and authorized to provide training for personnel regarding hazardous materials, fire investigation, and technical rescue. The Department is further authorized to maintain liaison and close coordination with the State Fire Marshal’s Office, other response teams, and other jurisdictions to ensure sufficient resources exist to address the risks associated with these incidents.

(D)    Other Emergency Situations. Without compromising its ability to meet the responsibilities described above, the Potawatomi Tribal Fire Department is also authorized to respond to any emergency situations located off reservation lands that may present a threat to the safety or welfare of persons, property and the environment.

(E)    Cooperative Agreements. Subject to Tribal Council approval, the Potawatomi Tribal Fire Department is hereby authorized to enter into interagency mutual assistance agreements in order to provide back-up fire suppression and emergency medical services should its own resources be or appear to be compromised. Subject to Tribal Council approval, the Fire Department Chief is hereby authorized to negotiate with other local jurisdictions concerning intergovernmental mutual aid agreements covering matters within his or her scope of responsibility.

(F)    Fire Inspections. The Potawatomi Tribal Fire Department is hereby authorized to inspect all buildings that are subject to the NFPA Life Safety Code, including all buildings used for business and/or public access, in order to determine compliance with the standards set forth in the NFPA Life Safety Code and other applicable fire codes as may be adopted or utilized by the Tribal Fire Department.

(G)    Burning Permits. The Potawatomi Tribal Fire Department is hereby authorized and directed to regulate open burning on reservation lands.

(H)    Rulemaking Authority. The Potawatomi Tribal Fire Department Chief is authorized to develop regulations to implement this code, which regulations shall be subject to the approval of the Tribal Council.

(Enacted by PBP TC No. 2016-282, August 18, 2016)

30-2-2. Open Burning.

Definitions:

(A)    “Agricultural burning” means controlled burning of vegetation such as grass, woody species, crop residue, and other dry plant growth for the purpose of crop, range, pasture, wildlife or watershed management.

(B)    “Open fire” means any fire that is not a contained fire. Any fire not in an acceptable burn container.

(C)    “Contained fire” means any fire within an acceptable burn container and any small fire in a noncombustible container whose primary purpose is to cook food or burn household waste (e.g., barbeque grills, etc.).

(D)    “Acceptable burn container” means any noncombustible container, with a tight fitting noncombustible cover, that has vent holes no larger than one (1) inch square.

(Enacted by PBP TC No. 2016-282, August 18, 2016)

30-2-3. Open Burning Prohibited.

A person shall not cause or permit the open burning of any wastes, structures, vegetation or any other materials on any premises except as authorized by this code. A person shall not burn materials on any premises while a burning ban is in effect.

(Enacted by PBP TC No. 2016-282, August 18, 2016)

30-2-4. Responsibility for Open Burning.

It shall be prima facie evidence that the person who owns or controls property on which open burning occurs has caused or permitted the open burning.

(Enacted by PBP TC No. 2016-282, August 18, 2016)

30-2-5. Exception to Prohibition on Open Burning.

(A)    The following open burning operations shall be exempt from the prohibition on the open burning of any materials imposed by Section 30-2-3:

(1)    Open burning for cooking or ceremonial purposes on public or private lands regularly used for such purposes;

(2)    No open burning shall be permitted at any time, except under the terms and subject to the conditions of this code;

(3)    Departments of the Tribal Government shall not be required to obtain an open burn permit but shall contact the Tribal Fire Department prior to and when planning an open burn.

(B)    Each person who is seeking an approval to conduct an open burning operation pursuant to this code shall provide the Potawatomi Tribal Fire Department with the following information:

(1)    The location of the proposed open burning and the name, address and telephone number of the person responsible for the open burning;

(2)    A description of the open burning including:

(a)    The estimated amount and nature of material to be burned;

(b)    The proposed frequency, duration and schedule of the burning;

(c)    The size of the area to which the burning will be confined;

(d)    The method of igniting the material;

(e)    The location of any highway within five hundred (500) feet of the proposed burn;

(f)    The number of occupied dwellings within one thousand (1,000) feet of the proposed burn; and

(g)    The reason why the proposed open burning is necessary.

(C)    Each open burning operation for which the Potawatomi Tribal Fire Department issues an approved open burning permit shall be subject to the following:

(1)    Each open burn operation must be ignited within one (1) hour of approval from the Potawatomi Tribal Fire Department.

(2)    If feasible, a person conducting the burn shall stockpile the material to be burned, dry it to the extent possible before it is burned, and assure that it is free of matter which will inhibit good combustion. In addition, such person shall make a reasonable attempt to contain the burn, such as disking or back burning around the area to be burned and, if available, providing an additional water supply.

(3)    A person shall not burn heavy smoke-producing materials, including heavy oils, tires, and tarpaper.

(4)    A person shall not initiate burning during the nighttime, which for the purposes of this code is defined as the period from two (2) hours before sunset until one (1) after sunrise. A person shall not add material to a fire within two (2) hours before sunset.

(5)    A person shall not burn if the National Weather Service Rangeland Fire Danger Index indicates there is a “low” fire danger and sustained wind speed of fifteen (15) miles per hour or greater; if there is a “very high” fire danger and sustained wind speed of ten (10) miles per hour or greater; or at any time when there is “extreme” fire danger for Jackson County, Kansas.

(6)    A person shall not conduct a burn within one thousand (1,000) feet of any occupied dwelling, unless the occupant of that dwelling has been notified before the burn.

(7)    A person shall not conduct a burn that creates any traffic or other safety hazard. If burning is to take place within five hundred (500) feet of a State highway, the person conducting the burn shall notify the Potawatomi Tribal Police Department before the burning begins.

(8)    A person conducting the burn shall ensure that the burning is supervised until the fire is extinguished.

(9)    A person conducting a burn shall do so under such additional conditions as the Potawatomi Tribal Police Department may deem necessary to prevent emissions which:

(a)    May be injurious to human health, animal and plant life, or property; or

(b)    May unreasonably interfere with the enjoyment of life or property.

(10)    The Potawatomi Fire Department may revoke an approved burn permit at any time.

(11)    Open burning permits will expire on December 31st of every odd year.

(Enacted by PBP TC No. 2016-282, August 18, 2016)

30-2-6. Unlawful Acts.

(A)    It shall be unlawful for any person to do any of the following:

(1)    Violate any provision of this code.

(2)    Violate any provision of an approved burn permit issued under this code.

(3)    Knowingly make a false material statement, representation or certification in any request, record, report, approval or other document filed, maintained or used for purposes of compliance with this code.

(Enacted by PBP TC No. 2016-282, August 18, 2016)

30-2-7. Criminal Penalties.

(A)    A violation under this code shall subject an individual to fines as follows, payable to the Potawatomi Fire Department through the Clerk of the Prairie Band Potawatomi Nation:

(1)    Upon a first conviction, a minimum fine of five hundred dollars ($500.00);

(2)    Upon a second conviction, a minimum fine of one thousand dollars ($1,000);

(3)    Upon a third conviction, a minimum fine of one thousand five hundred dollars ($1,500).

(B)    In addition to any other fines or penalties as set out above, a violator may be responsible for actual costs of the Prairie Band Potawatomi Fire Department or other emergency responder for the incident. Conviction or diversion under this code may result in the loss of approval to conduct open burns for up to five (5) years from date of occurrence, at the discretion of the Prairie Band Potawatomi Fire Department.

(C)    Nothing in this code shall be construed to abridge, limit or otherwise impair the right of any person entitled to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate legal or other proceeding therefor.

(D)    When possible, law enforcement officers pursuing prosecution of a violation of this code shall, upon probable cause of a violation, issue a citation on a standard citation form and designate a court appearance date on the form in conformity with practice and procedure of the Prairie Band Potawatomi Nation District Court.

(Enacted by PBP TC No. 2016-282, August 18, 2016)