Chapter 8.12
OUTDOOR BURNING
Sections:
8.12.030 Outdoor burning requirements.
8.12.010 Definitions.
As used in this chapter, the following definitions shall apply:
(1) “County” means the county of Crook.
(2) “Completely extinguished” means no smoldering material, ashes, embers, or smoke present in or coming from the outdoor burning site.
(3) “Fire season” is that part of a year that Crook County fire and rescue designates, based upon weather, the amount of fuel, and moisture content of the fuel, as to when the likelihood of fire is greatly increased. Historically, the fire season runs from a day in June through a day in September of each year.
(4) “No burn day” means a day designated by Crook County fire and rescue in which certain outdoor burning is inappropriate and/or unsafe.
(5) “Open pile, open burn pile” or “burn pile” shall mean an open, outdoor, ground-level fire with a fuel area larger than a recreational fire and not exceeding eight feet in diameter and eight feet in height.
(6) “Outdoor burning” means burning material outdoors in a burn barrel, open burn pile, recreational fire, or for agricultural, forestry, slash, commercial, construction, industrial, or demolition purposes.
(7) “Permit” means a printed or digital copy of the Crook County Fire and Rescue Outdoor Burning Regulations, available at 500 Northeast Belknap St., Prineville, Oregon 97754 or online at www.crookcountyfireandrescue.com.
(8) “Recreational fire” means an open, outdoor, ground-level fire in which the total fuel area shall be three feet or less in diameter and two feet or less in height.
(9) Responsible Person. For the purposes of this section, the following persons are considered a responsible person for outdoor burning in violation of this rule:
(a) Each person who is in ownership, control, or custody of the real property on which open burning occurs, including any tenant thereof;
(b) Each person who is in ownership, control, or custody of the material that is burned; and
(c) Any person who causes or allows open burning to be initiated or maintained. (Ord. 319 § 2 (Exh. A), 2020)
8.12.020 Burn permits.
Before initiating any outdoor burning, a responsible person shall obtain and read the permit, and thereafter keep a copy of the permit at the burn site or on their person until the fire is completely extinguished. (Ord. 319 § 2 (Exh. A), 2020)
8.12.030 Outdoor burning requirements.
(1) Outdoor Burning. For all outdoor burning, the following restrictions and requirements apply:
(a) There shall be no burning upon restriction by Crook County fire and rescue due to fire/safety conditions. Prior to burning, the burn permit holder shall check the Crook County fire and rescue website, the county’s website, or call (541) 447-2876 to verify that burning is allowed.
(b) There shall be a person 14 years of age or over who is equipped with adequate fire-suppression equipment and physically present at every outdoor burning until the fire is completely extinguished.
(c) Burning shall be conducted in a manner and in conditions that:
(i) Prevent any burning materials, sparks, or embers from reaching or getting near to any combustible material;
(ii) Will not create a nuisance or a hazard to public safety.
(d) There shall be no burning of any wet garbage, plastic, asbestos, wire insulation, automobile part, asphalt, petroleum product, petroleum treated material, rubber product, animal remains, or animal or vegetable matter resulting from the handling, preparation, cooking, or service of food or of any other material which normally emits dense smoke or noxious odors.
(2) Burn Barrels. Persons burning in a burn barrel must meet all the following requirements in addition to the requirements under subsection (1) of this section:
(a) The burn barrel must be covered with a maximum one-quarter-inch screen in good condition.
(b) There shall be no holes in the burn barrel except for air holes not less than one-quarter inch in diameter. There shall be no holes in the burn barrel caused by rust rot.
(c) The burn barrel shall be at least 25 feet away from any combustibles, structures, or property boundary line, with a fuel break of 10 feet exposing mineral soil around the burn barrel.
(d) All burning in burn barrels may be done daily except for holidays designated under Oregon law and no burn days. Burning may commence at 9:00 a.m. and shall be completely extinguished before sunset, except during a fire season when burning shall be completely extinguished by noon.
(3) Open Piles. Persons burning an open pile must meet the following requirements in addition to those requirements in subsection (1) of this section:
(a) Any outdoor burning in excess of eight feet in diameter and eight feet in height is subject to the provisions of subsection (5) of this section.
(b) The open pile shall be at least 25 feet away from any combustibles, vegetation, structures, or property boundary line, with a fuel break of 10 feet exposing mineral soil around the open pile.
(c) All burning in open piles may be done daily except for holidays designated under Oregon law, on no burn days, and during the fire season. Burning may commence at 9:00 a.m. and shall be completely extinguished before sunset.
(d) This subsection (3) shall not apply to any fire in which the Crook County fire and rescue has agreed to participate.
(4) Recreational Fires. In addition to those requirements in subsection (1) of this section, a recreational fire shall be at least 25 feet away from any combustibles, structures, or property boundary, with a fuel break of 10 feet exposing mineral soil around the recreational fire.
(5) Other Outdoor Burning. Any other outdoor burning must qualify under the definitions of OAR 340-264-0030. Before the ignition of such a fire, the applicant shall call Crook County fire and rescue, at 541-447-5011, and provide pertinent information, which may include the legal description, acreage to be burned, crop type, potential hazards, on-site water, and location for Crook County fire and rescue access, as applicable. Any state and public protected lands require additional authorization from the appropriate governmental entity.
(a) Commercial, Construction, Demolition, Industrial, and Slash Open Fires. In addition to those requirements in subsection (1) of this section, all commercial, construction, demolition, industrial, and slash open burning is permitted only upon compliance with the relevant Oregon Revised Statutes and OAR 340-264-0180, which may require receipt of a letter permit from the Department of Environmental Quality. Burning is allowed only during daylight hours, as defined in OAR 340-264-0030(12).
(b) Agricultural and Forestry Fires. The fuel for agricultural and forestry fires may only be applied during daylight hours, as defined in OAR 340-264-0030(12). While generally subject to the requirements in subsection (1) of this section, the following exemptions apply:
(i) The “physically present” requirement of subsection (1)(b) of this section may be satisfied provided the responsible person remains reasonably close to the outdoor burn site and supplies their relevant contact information to Crook County fire and rescue;
(ii) Notwithstanding the restrictions of subsection (1)(d) of this section, agricultural and forestry fires may burn “biomass” as defined in ORS 468A.020(3). (Ord. 319 § 2 (Exh. A), 2020)
8.12.040 Authority.
(1) The Crook County fire and rescue fire chief is empowered to implement the outdoor burning regulations of this section through Crook County fire and rescue programs.
(2) Crook County fire and rescue and Crook County sheriff are empowered to enforce the county’s outdoor burn regulations.
(3) There shall be no burning as restricted by the Crook County fire and rescue due to fire/safety conditions.
(4) Any outdoor burning not in compliance with this section, or any outdoor burning that creates or adds to a hazardous situation, shall be extinguished upon the order of Crook County fire and rescue or Crook County sheriff personnel. (Ord. 319 § 2 (Exh. A), 2020)
8.12.050 Penalties.
The maximum penalty for each violation of this section shall be $500.00. Upon a first conviction the fine shall be not less than $50.00. Upon a second conviction the fine shall be not less than $100.00. Upon the third and any subsequent convictions, the fine shall be $500.00, and the responsible person shall be prohibited from any outdoor burning for a period of one year from the date of the last fine. (Ord. 319 § 2 (Exh. A), 2020)