HomeMy WebLinkAbout0375 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.
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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;
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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 ~.
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