Chapter 8.10
OUTDOOR BURNING
Sections:
8.10.010 Outdoor burning prohibited.
8.10.040 Fires allowed—Prohibited.
8.10.055 Materials allowed—Prohibited.
8.10.010 Outdoor burning prohibited.
The city of Battle Ground shall be and is hereby designated as a “no” burn area. Outdoor burning shall not be allowed within the city of Battle Ground except as provided in this chapter. It is unlawful for any person or persons to start or permit to be started any fire on any premises within the city of Battle Ground, except as provided for in this chapter. (Ord. 03-017 § 3 (part), 2003: Ord. 93-710 § 1, 1993)
8.10.015 Definitions.
A. “Approved burning appliance” means a stove, outdoor fireplace, barbecue or barbecue pit, or fire pit.
B. “Bonfire” means a large outdoor fire consisting of natural vegetation materials.
C. “Firewood” means bare untreated wood used as fuel in a solid fuel burning device, Indian ceremonial fire, or recreational fire.
D. “Hazardous fire” means a fire that exposes people or property to danger or harm.
E. “Indian ceremonial fires” means fires necessary for Native American ceremonies (i.e., conducted by and for Native Americans) if part of a religious ritual.
F. “Land clearing burning” means outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land clearing projects (i.e., projects that clear the land surface so it can be developed, used for a different purpose, or left unused).
G. “Natural vegetation” means unprocessed plant materials from herbs, shrubbery, and trees, including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps, and trunk wood.
H. “Nuisance” means an emission of smoke or any other air contaminant that unreasonably interferes with the use and enjoyment of the property upon which it is deposited.
I. “Other outdoor burning” means any type of outdoor burning not specified in WAC 173-425-020(1) or (2)(a) through (i), including, but not limited to, any outdoor burning necessary to protect public health and safety.
J. “Outdoor burning” means the combustion of material of any type in an open fire or in an outdoor container (burn barrels) without providing for the control of combustion or the control of emissions for the combustion.
K. “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.
L. “Residential burning” means the outdoor burning of leaves, clippings, prunings and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.
M. “Weed abatement fires” means any outdoor burning to dispose of weeds that is not regulated under Chapter 173-430 WAC (agricultural burning). (Ord. 03-017 § 3 (part), 2003)
8.10.040 Fires allowed—Prohibited.
A. The following outdoor fires described in this section may be burned subject to the provisions of Chapter 173-425 WAC:
1. Recreational fires under three feet by three feet by two feet in size.
2. A special permit may be obtained for recreational fires larger than outlined in subsection (A)(1) of this section.
3. Fires used in the usual course of cooking.
4. Fires used in indoor and outdoor heating.
5. Fires used in an outdoor fireplace.
6. Fires used in an outdoor barbecue or barbecue pit.
7. Fires used in an outdoor stove.
8. Fires in a stove or other outdoor device as approved by this chapter.
B. The following fires may not be burned and permits shall not be issued granting permission for burning except for fire training purposes:
1. Land clearing fires;
2. Residential fires;
3. Weed abatement fires;
4. Fires in burn barrels. (Ord. 19-17 § 2, 2019; Ord. 03-017 § 3 (part), 2003: Ord. 93-710 § 4, 1993)
8.10.050 Burning rules.
All outdoor fires are subject to the following rules:
A. No person shall build a fire in any outdoor fireplace, barbecue pit, stove, or other device outside of any buildings, or permit such fire to be built if the same will constitute a fire hazard, and such device shall be deemed to constitute a hazard if the same is disapproved by the fire authority of the city of Battle Ground or any police officer or code enforcement officer.
B. Fires shall be under constant supervision and attendance; all fires must be extinguished if left without being attended.
C. Recreational fires that are not contained in fire pits, stoves, barbecue pits, or other devices must be done with the following clearances from structures, property lines and other combustible materials:
1. Not less than fifteen feet when the pile size is three feet by three feet by two feet or less.
2. Not less than twenty-five feet for pile sizes greater than three feet by three feet by two feet but less than four feet by four feet by four feet.
3. Not less than fifty feet for pile sizes greater than four feet by four feet by four feet but less than ten feet by ten feet by three feet. However, piles greater than ten feet by ten feet by three feet may be burned by special approval of the Southwest Clean Air Agency and the Battle Ground fire authority.
D. The person capable of extinguishing the fire shall attend it all times and the fire must be totally extinguished before leaving it. A sufficient water supply and shovel must be at the burning site and ready to use.
E. If a fire creates a nuisance, it must be extinguished upon discretion from fire control authority, air pollution authority, city police officer, or code enforcement officer.
F. No recreational fires are allowed during the declared period of impaired air quality. Burning conditions shall be obtained each day before starting a recreational fire. Fire safety burn bans may also be called by county or local fire protection authorities. (Ord. 03-017 § 3 (part), 2003: Ord. 93-710 § 5, 1993)
8.10.055 Materials allowed—Prohibited.
A. Recreational fires shall consist of firewood or charcoal briquets.
B. Garbage, trash, paper, except an amount necessary to start a fire, prunings, leaves, grass or any material other than firewood or charcoal, shall not be burned. (Ord. 03-017 § 3 (part), 2003)
8.10.060 Violations—Penalty.
A. The Southwest Clean Air Agency or officers of the Battle Ground police department, the fire marshal, or a code enforcement officer may issue a notice of violation to the person responsible for the fire under any of the following:
1. Conditions of a permit issued under this chapter are violated;
2. Any open fire is ignited where, under this chapter, such fires are prohibited or where a permit is required and has not been obtained;
3. Prohibited materials are burned in an open fire, or in an allowed device, whether the burning is for heating, cooking or recreation;
4. Any open fire is ignited when a condition of impaired air quality or air pollution episode stage is declared;
5. Any ignited open fire or recreational fire that is in an allowed device that is not extinguished when a condition of impaired air quality or air pollution episode is declared;
6. The fire causes emissions detrimental to health; or
7. The fire causes emissions that unreasonably interfere with property use and enjoyment.
B. Any violation or failure to comply with any of the provisions of this chapter shall be enforced under Chapter 20.100 BGMC and as authorized in Chapter 70.94 RCW. If a fire protection authority is called to respond to, control or extinguish an illegal or out of control fire, the fire control authority may charge and recover from the person responsible for the fire the cost of its response and control action. (Ord. 21-31 § 2, 2021; Ord. 03-017 § 3 (part), 2003: Ord. 93-710 § 6, 1993)