Chapter 8.14
OUTDOOR BURNING
Sections:
8.14.050 Outdoor burning rules.
8.14.010 Definitions.
As used in this chapter:
“Debris fire” means a fire that has a fire pile not exceeding the outside dimensions of ten feet by ten feet by five feet high or multiple fires that do not exceed a combined total of one hundred square feet.
“Fire marshall” means person designated by the board of county commissioners to perform the duties of a county fire marshal.
“Outdoor burning” means and includes debris fires and recreational fires that occur outside building structures in unincorporated Skamania County.
“Recreational fire” means fire started and retained on private land or in a county-designated campground that is contained within a metal, brick, stone or masonry fire pit. (Ord. 2006-08 (part))
8.14.020 Fires allowed.
A. No person shall conduct any outdoor burning, or permit outdoor burning to occur except as provided by this chapter or state or federal law.
B. No debris burning shall be allowed without a burning permit.
C. A recreational fire requires no permit. Recreational fires shall be allowed year-round, except during times of an emergency fire burn ban as provided in Section 8.14.040 of this chapter.
D. No outdoor fires are allowed other than those authorized by this chapter or those permitted by other governmental agencies with the authority to regulate fires in Skamania County. Permits must be obtained from the governmental agency responsible for regulating such fires in Skamania County. Permits must be obtained from the governmental agency responsible for regulating such fire. (Ord. 2006-08 (part))
8.14.030 Fire permits.
A. The fire marshal shall oversee the permitting process for debris fire permitting practices. The permitting process will conform to the laws of the state of Washington and such other ordinances and regulations that are now or may become in effect in Skamania County.
B. Debris Fire Permits. A permit for debris fire burnings only shall be valid October 1st through June 30th. Debris fires are not permitted from July 1st through September 30th of each calendar year. A new permit, issued by Skamania County, must be obtained each year. The permit can be obtained from a self-service station located at each fire protection district station in the unincorporated portion of Skamania County or at the Skamania County engineer’s office. A copy of the written permit shall be available at the burn site and provided to authorized fire protection district, county fire marshal or law enforcement personnel upon request.
C. Debris Fire Permit Fee. There shall be no permit fee for debris fires. (Ord. 2006-08 (part))
8.14.040 Emergency burn ban.
A. If the fire marshal determines emergency conditions exist, the fire marshal may declare a seven-day emergency burn ban at any time during the year, as follows:
1. Against all outdoor burning regulated by this chapter, this includes both debris fires and recreational fires;
2. Against debris fire burning only; or
3. Against recreation fire burning only.
B. The fire marshal shall promptly notify the board of commissioners of such burn ban and the reasons for the ban. The board of commissioners, as soon as practical, shall conduct a public meeting to determine whether to continue and/or extend the burn ban. If extended, the burn ban shall remain in effect until the fire marshal or the board of commissioners orders the ban lifted.
C. The fire marshal shall be responsible to notify the public, county law enforcement, fire protection districts and Washington Department of Natural Resources of all fire bans and resumption of outdoor burning. (Ord. 2006-08 (part))
8.14.050 Outdoor burning rules.
A. Debris Fire Rules.
1. All debris fires shall be conducted in accordance with state law and the rules and regulations of Skamania County.
2. A debris fire has a fire pile not exceeding the outside dimensions of ten feet by ten feet by five feet high or multiple fires that do not exceed a combined total of one hundred square feet. Debris fires are allowed only from October 1st through June 30th. The debris material used in the fire is limited to leaves, clippings, prunings, and residue from trees, stumps or other natural occurring vegetation.
3. All fires must be attended at all times. A sufficient water supply and shovel must be at the burning site and ready to use.
4. No debris fire burning shall be done during a period of impaired air quality declared by Southwest Washington Clean Air Agency or during an emergency burn ban as described in Section 8.14.040 of this chapter. Burning conditions shall be obtained each day before starting to burn. Phone number will be provided or can be obtained from the county fire marshal.
5. All debris fires shall be done with the following clearances from structures, property lines and other combustible materials:
a. Not less than twenty-five feet for piles sizes four feet by four feet or less.
b. Not less than fifty feet for pile sizes greater than four feet by four feet.
6. Debris fires shall be conducted only during daylight hours.
7. No debris fires are permitted in or within five hundred feet of forest slash without first obtaining a written permit from the governmental agency regulating such fires.
8. If a debris fire creates a nuisance that unreasonably interferes with property use and enjoyment of adjacent property owners, it must be extinguished upon direction from fire control authorities and those designated under Section 8.14.060 of this chapter.
B. Recreational Fire Rules.
1. A recreational fire must be started and retained on private land or in a county-designated campground.
2. A recreational fire must be contained within a metal, brick, stone or masonry fire pit and have a maximum containment diameter of two feet.
3. The material used in the recreational fire is restricted to unpainted wood, charcoal or commercial artificial logs generally designed for campfires. All other materials are prohibited except what paper is necessary to ignite the burning process.
4. A person capable of extinguishing the recreational fire shall attend it at 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.
5. A recreational fire shall have a ten-foot radius free of combustibles, a twenty-foot vertical clearance from overhanging branches, and be located twenty-five feet from all structures and fifty feet from all logging slash and debris.
6. No recreational fire burning shall be done during an emergency burn ban as described in Section 8.14.040 of this chapter.
7. If a recreational fire creates a nuisance that unreasonably interferes with property use and enjoyment of adjacent property owners, it must be extinguished upon direction from fire control authorities and those designated under Section 8.14.060 of this chapter. (Ord. 2006-08 (part))
8.14.060 Enforcement.
The sheriff of Skamania County shall be responsible to enforce this chapter and issue notices of violation to the person(s) responsible for the fire. In emergency situations where immediate action is required, officials representing a fire authority, such as a Skamania County fire protection district, Skamania County fire marshal, State Department of Natural Resources and/or Southwest Washington Clean Air Agency may extinguish the fire and then notify Skamania County sheriff for further enforcement action under any of the following:
A. Conditions of a permit issued under this chapter are violated;
B. Any open fire is ignited where, under this chapter, such fires are prohibited or where a permit is required and has not been obtained;
C. Prohibited materials are burned in an open fire, including trash and garbage disposal in “burn barrel”;
D. Any open fire is ignited when a condition of impaired air quality or burn ban has been declared;
E. Any ignited open fire that is not extinguished when a condition of impaired air quality is declared;
F. The fire causes emissions that unreasonably interfere with property use and enjoyment of adjacent property owners. (Ord. 2006-08 (part))
8.14.070 Penalties.
A. A violation of this chapter may subject a person to any penalty or other remedy authorized in RCW 70.94. If a fire authority is called to respond to, control or extinguish an illegal or out of control fire, such fire authority may charge and recover from the person responsible for the fire, the costs of its response and control action.
B. Violations under the preceding section will be a civil infraction in accordance with the laws of Skamania County and shall be punishable by a fine of not more than five hundred dollars for each occurrence for debris fires or recreational fires. Any person violating this chapter will also be responsible civilly for any damage or injury caused. (Ord. 2006-08 (part))