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0375 Burning of Materials Regulation 1992CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 375 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING CHAPTER 8.32 OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR THE REGULATION AND CONTROL OF THE BURNING OF MATERIALS; TO PROVIDE FOR THE ISSUANCE OF A PERMIT FOR OPEN BURNING, TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATION OF THIS CHAPTER; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intent. Chubbuck desires to supplement the provisions of the Uniform Fire Code with a permit system for the open burning of materials outdoors and for the issuance of permits for such burning. Additionally, due to the increased costs to the City of suppressing such fires that get out of control due to improper supervision, the City needs to provide a means of recouping its costs for suppressing such fires that are started or supervised in a manner contrary to the Uniform Fire Code and reasonable conduct. Section 2. Enactment of Chapter 8.32 of the Chubbuck Municipal Code. There shall be added to the Chubbuck Municipal Code, the following Chapter 8.32: Chapter 8.32 Burning of Materials 8.32.010. Burninq Subject to Ordinance. Ordinance - Page 1 dsc chbbck04.281 This chapter shall apply to the burning of any materials within the Chubbuck city limits. 8.32.020 this Chapter: A. lumber. B. C. Definitions. These definitions shall apply to Bonfire is the open burning of cut trees, vegetation or Burn is all burning except a recreational fire. Hazardous Materials are those chemicals or substances which are physical hazards or health hazards as defined and classified in Article 80 of the Uniform Fire Code whether the materials are in usable or waste condition. D. Open burning is the burning of a bonfire, rubbish fire or other fire in an outdoor location where fuel being burned is not contained in an incinerator, out door fireplace or barbecue pit. E. Recreational Fire is the burning of materials other than rubbish where fuel being burned is not contained in an incinerator, outdoor fireplace or barbecue pit and with a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking or similar purposes. 8.32.030. Prohibited Materials. The burning of the following is prohibited, whether in an open burn or in an incinerator, burn barrel, stove or fireplace: 1. Garbage; Ordinance - Page 2 dsc chbbck04.281 2. Dead animals or parts thereof; 3. Junked motor vehicles or any materials resulting from a salvage operation; 4. Tires or other rubber materials or products; 5. Plastics 6. Asphalt or composition roofing or any other asphaltic material or products; 7. Tar, tar paper, waste or heavy petroleum products, or paints; 8. Lumber or timbers treated with preservatives, including railroad ties; 9. Trade waste except as allowed in Idaho Department of Health and Welfare Regulations Section 01.1153; 10. Insulated wire; 11. Pathogenic waste; 12. Hazardous waste; 13. Any material which, when burned, will produce an offensive smell, smoke or odor; 14. Any material which, when burned, will cause or create dense smoke or odor. The granting of a permit shall not affect the foregoing. As used herein, garbage shall not include waste material from the construction or demolition of buildings; provided said materials are not otherwise prohibited. 8.32.040. Incinerators and Burn Barrels. A. Burning without a permit, is permissible in a metal 55 gallon barrel provided the barrel is in a good state of repair and is at all times covered with a spark arrester constructed of not more than one-half ounce (1/2 oz.) metal mesh material of 12 gauge or thicker metal. Such burning may also be conducted in an Ordinance - Page 3 dsc chbbck04.281 incinerator designed and built for such purposes provided said incinerator is in a good state of repair and has an appropriate spark arrester. B. All burning in a burn barrel or incinerator shall be done during daylight hours; any fire still burning at sunset shall be extinguished by water, fire extinguishment materials or by other appropriate means. 8.32.050. Burning. Burning of permissible materials may be done outside of a burn barrel or incinerator upon compliance with all of the following: A. A permit to engage in such burning, except for a recreational fire, shall be obtained from the Chubbuck Fire Chief or the Chief's designee; B. All burning shall be done in compliance with Article 11 of the Uniform Fire Code; C. Such burning shall be done at a distance of more than fifty (50) feet from any structure or any other combustible object; D. Such burning shall be done at a distance of more than two hundred (200) feet from any wildlands or sage brush area; E. An adequate water supply or other fire extinguishing equipment, in working condition, shall be on hand and available for use at the site of the burning; F. A competent person over age eighteen (18) shall be in attendance at all times until all fire has burned out or has been Ordinance - Page 4 dsc chbbck04.281 extinguished; G. The permittee shall have the legal right, by ownership, lease or written permission for use, to conduct the burn on the parcel of land being utilized; H. The winds shall not exceed ten (10) miles per hour at any time during the burn; I. No burn shall create dense smoke or odor; J. No burn shall be conducted when conditions, smoke, odor or heat can enter or damage neighboring structures or create a traffic hazard; K. No other adverse or threatening weather condition such as lightning, tornado or air inversion shall exist or be reasonably anticipated to exist during the time of the open burn; L. Dry or drought conditions creating dry kindling hazards shall not exist in the area immediately adjacent to and within two hundred (200) feet of the open burn site; M. No burning shall take place after sunset, before dawn, or between the hours of 1:00 pm and 4:00 pm local time; N. When open burning of fields, ditches or other such open areas are planned, the applicant or applicant's designee shall define a perimeter around the area to be burned by disking, plowing or otherwise clearing the perimeter area of combustibles to minimize the risk of fire spreading. 8.32.060 Permit. A permit is required in all cases except for a recreational fire or for burning inside in a fireplace, incinerator or wood stove. The Chubbuck Fire Chief or the Chief's designee is authorized to issue a permit for burning upon Ordinance - Page 5 dsc chbbck04.281 application by applicant. The purpose of the permit is to provide a record of the location of any burn and the name of the person responsible for conducting the burn. The permit and application shall be in a form furnished by the Chubbuck Fire Chief. The application and the permit shall provide the following information: A. Location of the proposed open burn; B. Expected duration of the open burn; C. Materials to be burned; D. Name, address and phone number of the person applying for the permit and of the person that will be responsible for conducting the open burn, if different. E. Expected date of burn. The permit shall be valid for two weeks from issuance for the applicant and the site. If the identity of the responsible person or the location of the proposed open burn change, the permit shall be void. The responsible person shall in all instances advise the Chubbuck Fire Department, by phone or in person, prior to starting the burn. The permit may be revoked or suspended by the Chief or the Chief's designee if conditions are inappropriate for a burn. In case of revocation or suspension; the permittee shall be immediately notified of the action. This permit shall be in addition to a permit required by any other jurisdiction having control within the same area. Ordinance - Page 6 dsc chbbck04.281 8.32.070 Responsibility and Duty of Person Conducting the Burn. It is the responsibility of the applicant for a burn and the person supervising any burn in a burn barrel, incinerator or a recreational fire, to keep the fire under control. If conditions exist immediately prior to beginning the burn that violate this ordinance, the person shall not start the fire. If such conditions do not exist at the start of the burn but later develop during the burn, the person responsible for the burn has the duty to immediately bring the fire under control and extinguish the fire and further shall keep the fire extinguished until such time as conditions permit the burn to continue. 8.32.080 No Liability to City. The City shall have no liability for any damage caused by any fire started or controlled by a permittee or any fire which a permitee fails to extinguish. 8.32.090 Recreational Fires. Recreational fires shall be in accordance with this section: A. Location. Recreational fires shall not be conducted within 25 feet of a structure or combustible material unless contained in a barbecue pit. Conditions which could cause a fire to spread to within 25 feet of a structure shall be eliminated prior to ignition. B. Fire-extinguishing Equipment. Buckets, shovels or garden hoses shall be readily available for use at recreational fires. C. Attendance. Recreational fires shall be constantly Ordinance - Page 7 dsc chbbck04.281 attended by a person knowledgeable in the use of fire- extinguishing equipment required by this section. An attendant shall supervise a recreational fire until such fire has been extinguished. D. Discontinuance. The Fire Chief or the Chief's designee is authorized to require that recreational fires be immediately discontinued if such fires are determined by the Chief or the Chief's designee to constitute a hazardous condition. 8.32.100 Criminal Penalties. Any person violating this ordinance shall be guilty of a misdemeanor. In addition to any fine levied, reimbursement for damage caused or for suppression costs may be assessed against any person found guilty of a misdemeanor. 8.32.110 Civil Penalties. Any person violating this ordinance or who does any of the following: A. Burns without a permit where a permit is required; B. Burns non-permitted materials; C. Does not maintain control of a fire for which that person is responsible; shall be liable for the costs of suppressing any resulting fire. Such costs shall include the cost of wages paid out by any fire department responding to that particular fire as well as a reasonable charge for usage of equipment, materials and supplies in suppressing said fire. Ordinance - Page 8 dsc chbbck04.281 B~BBUCK FIRE DEP~RT~T U OF FIRE PREVENTION City of Chubbuck North Bannock County Fire Protection District Eastern Power County Fire Protection District P.O. BOX 5604 CHUBBUCK, IDAHO 83202 (208) 237-3212 BURNING PERMIT permit ~ Granted in accordance with the FIRE PREVENTION CODE. NAME: , PHONE ~: , ADDRESS OR LOCATION OF BURN: , Burns must be conducted after dawn and extinguished before dark. BURNING REGULATIONS 1. All burning shall be in c~lian:~ with Article 11 of the Uniform Fir~ C~de. 2. No (>pen burning shall be kindled or maintaimed within 50 feet o~ any mtruc-t~r~. 3. Fires shall be umber o~nstant att~nda~c~ by permitt~e or other c~ per.on until r~ch (ia is ex~cinguished. 4. Person in attendance shall hav~ a garden ~ c~nec~ to a ~at~r ~pply, or ~r fir~-e~ctinguishing equipment r~adily available for use. 5. The fir~ chief may prohibit any or all fir~s when atmospheric c~itio~s or local circumstar~-s~ make ~ fir~ hazards. 6. P~rmitte~ shall m ignite fir~s wher~ a'c~pheric c~itio~ do or will c~ate difficulty in c~dcr~lling {imms, and shall extinguish {ires when ~ c~iti~ threating to take 7. No person shall kindle a {ir~ upon the land of mr without writl~n ~ermission of the owner or agent thereof. 8. Material shall not be burn~, u~der permit o{ ofJ~erwise, ~ich shall, in burning, cause or ate ~ smoke or odor. 9. Permittee shall not burn wi~en cx)nditions ~ke, o~r or h~at can e~r or dmge neighboring strum traffic hazard. 10. Permittee shall be r~spo~sible to keep permitt~ burning under cz,~trol at all times should ~uch burning get out of the attendant's oontr~l, tJ~e permitt~e shall be r~sponsible for ~ppression co. ts of the departm~Tt as all as any property damages ~ustained by ll. Permittee shall be r~quired to r~ify the dispatcher when permittee burning is begun and when such burning is c~leted. by calling 236-7112. 12. The permittee shall not hold l~ City of Chub~uck liable for any damage do~e by any fir~ started or c:~dcrolled by the permittee. I hearby apply for a permit to conduct burning and certify that I have read and understand the regulations by which burning is allowed. I further agree to abide by these regulations thereby conducting a safe abatement of potential fire hazards. Applicant: , Issued by: Address: , Date: GENERAL REGULATIONS ADMINIST~TIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE CO~CIL ~D APPROVED BY THE ~YOR OF THE CITY OF CHUBBUCK, ID~O, this 1_ 2 day of May , 1992. CITY CLERK Ordinance - Page 9 dsc chbbck04.281 SUMMARY OF ORDINANCE 375 An ordinance of the City of Chubbuck, a municipal corporation of the State of Idaho, enacting Chapter 8.32 of the Chubbuck Municipal Code to provide for a permit system for the burning of materials outdoors, to define what burning is subject to the ordinance and to provide that the ordinance applies to the burning of any materials within the Chubbuck City limits. The ordinance defines on fire, burn, hazardous materials, open burning and recreational fire with the definitions of all but burn being consistent with the 1991 Edition of the Uniform Fire Code. The ordinance prohibits the burning of garbage, dead animals, junked motor vehicles, tires, plastics, asphalt or asphalt roofing, tar, treated lumber, timbers, including railroad ties, trade waste, insulated wire, pathogenic waste, hazardous waste, as well as any materials which produce an Offensive smell, smoke or odor or, which create dense smoke or odor. The ordinance defines when burning is permissible in a burn barrel and contains specifications for a burn barrel and provides when such burning shall take place. The ordinance provides for the issuance of a permit by the Chubbuck Fire Chief or the Chief's designee and provides that burning must be done more than 50 feet from any structure or combustible object, must be done more than 200 feet from any wild land or sagebrush area, an adequate water supply or fire extinguishing materials must be on hand and available at the site of any burn. A competent person over 18 must be in attendance at SUMMARY OF ORDINANCE NO. 375 - Page 1 dsc chbbck05.272 any burn, a permittee must have the right to conduct the burn upon the land being utilized, winds must not exceed 10 miles per hour at any time during the time. The burn must not create dense smoke or odor, the burn must not create smoke, odor or heat, which enters or damages neighboring structures or creates a traffic hazard, the burn cannot be conducted when an adverse weather condition exists, no dry or drought conditions creating kindling hazards can exist within 200 feet of the burn, the burning may not take place after sunset, before dawn or between the hours of 1:00 and 4:00 p.m. local time. If fields, ditches or open areas are to be burned, the applicant for the permit must define a perimeter around the area by discing, plowing or otherwise clearing the perimeter area of combustibles. A permit is required in all cases except for a recreational fire or burning inside of fireplace, incinerator or wood stove. The permit will be issued upon an application furnished by the Chubbuck Fire Department and will provide information concerning the burn. A permit may be revoked or suspended, at any time, by the chief or the chief's designee. It is the responsibility of the applicant for a burn permit or any person supervising any burn to keep the fire under control. If conditions exist prior to beginning of any burn that violate the provisions of this ordinance, the person shall not start the burn and if conditions develop after the burn is started which violate this ordinance, the person responsible shall immediately bring the fire into control, extinguish the SUMMARY OF ORDINANCE NO. 375 - Page 2 dsc chbbck05.272 fire and keep it extinguished until such time as conditions permit. The City shall have no liability for damage caused by fire started or controlled by permittee. The ordinance defines recreational fires and provides how they are to be conducted. The ordinance provides the violation of the ordinance constitutes a misdemeanor and allows that in addition to any fines levied, reimbursement for damage caused or for suppression caused may be assessed against the person found guilty. The ordinance also provides for civil penalties, including recovery of cost of suppressing any fire resulting from violation of the ordinance. The administrative provisions provide the repeal of conflicting ordinance, the severability of the ordinance and the effective date of this ordinance, including the waiver of the rule requiring the ordinance to be read on three separate occasions. The full text of this ordinance is available at the Chubbuck City Clerk's Office, 5160 Yellowstone, Chubbuck, Idaho. I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 374 and that the summary provides adequate notice to the public of the contents of this ordinance. ~ DATED this ~ ~ day of May, 1992. ,.Thomas J. ~olmes~ Chubbuck ~City Attorney ~. SUMMARY OF ORDINANCE NO. 375 - Page 3 dsc chbbck05.272