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Ordinance 13-028-CCBOARD OF COUNTY COMMISSIONERS County of Grant, State of Washington ORDINANCE NO. 13- (� o�- g -CC RESOLUTION 13- � �8' -CC AN ORDINANCE ADOPTING A NEW CHAPTER TO TITLE 6 OF THE GRANT COUNTY CODE DEFINING FI12E HAZARDS, PROHIBITING THE USE OF SKY LANTERNS, AND REGULATING OPEN BURNING WHEREAS, slcy la� because they have an the potential of starti burning; and terns create a danger to the public health, safety and general welfare unpredictable flight path and can travel several iniles before landing, with �g a fire iF they land on combustible materials while their fuel cell is still WHEREAS, sky lanterns do not meet the definition of a firework as set forth in RCW 70.77, et seq., and thus are not subject to RCW 70.77,250 (4) which requires county ordinances more restrictive than state law regarding fireworlcs to have an effective date of one year after adoption; and W�I�REA�, this Ordinance is categorically exeinpt from State Environinental Protection Act (S�PA) threshold determinations requireinents as it is a procedural action pursuant to WAC 197-ll-800(19); and WHEREAS, forins of outdoor open burning inay be a fire hazard and can endanger the public health, safety and general welfare if improperly conducted; and WHEREAS, the BOCC has received recommend�tions from Grant County Fire Chiefs and Fire District Commissioners to ban the lighting and release of sky lanterns, and to update Title 6 of the Grant County Code for the purpose of defining and prolubiting the use of slcy lanter�zs and regulating open burning; and WHEREAS, it is the desire of the BOCC to promote, iinprove and ei�llance the health, welfare and sanitation of the County; and WHEREAS, the Board of County Commissioners (BOCC) finds that in order to protect the health, safety and welfare of the public, it is necessary to adopt certain restrictions regarding the lightizlg and/or zelease of slcy lanterns, and further regulate opening burning. NOW, THEREFOItE, BE IT ORDAINED: A new chapter is added to Title 6 oi'the Grant County Code to be lcnown and �eferred to as "F'ire I Iazards." Fu•e Hazard Ot�dinance - 1 Civil/Depztrtments/Ordinances/20I3 I'ire I-Iazflrd O�'dinance 5-1-13 SECTIONS 6.10.010 6.10.020 6.10.030 6.10.040 6.10.050 6.10.060 Short Title. De�nitions. Authority. Piles of n�tur�►1 vegetation for burning. Recreation�l �res. Slcy Lanterns. 6.10.070 Viol�tions as � civil infraction. 6,10.080 Citation procedure. 6.10.090 Sever�bility. 6.10.010 - Short title, This chapter shall be known and may be commonly referred to and cited as the "Fira Hazards." 6.10.020 - Definitions. "Fire Hazard" shall be defined as any arrangement of materials and/or heat sources that presents the potential for harm, such as personal injury or ignition of combustibles. "Slcy Lantern" shall be def'ined as a miniature, unmaiined air balloon that relies upon an open flame as a heat source to heat the air inside the lantern with the intention of causing it to lift into the atmosphere. Typically made of rice paper or flame resistant paper, it has a fiiel cell in the opening. "Open Burning" shall be defined as the burning of natural vegetation. "Natural Vegetation" shall be defined as unprocessed plant matei•ial from herbs, shrubbery, and trees, including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps, and trunlc wood. "Recreatioll�l Fire" means coolcing �'ires, campfires, and boi�fires usii�g ch�rcoal or firewood that occur in designated areas or on private property for cooking, pleasure, or cereinonial purposes. I'ires used for debris disposal purposes are not considered recreational fires. 6.10.030 - Authority. The Fire Marsl�al or his/her designee may deem a property or condition on or about a property to be a fire hazard. 6.10.040 - Piles of n�tur�tl veget�ttion for burning. Piles oP natural vegetation Por burning shall be no greater than 5' in diameier, and no more than 5' in height, If prior approval is obtained by the I'ire Marshal and local fire district, pile sizes inay be increased. It shall be the responsibility of the property owner to contact the local fire district rire H�tzard Ordinance - 2 Civll/Departments/Ordlnances/2013 rire Hnzard Ordinnnce 5-1-13 to determine if a permit will be required, as well as to notify the fire distr�ict upon coinmencement of burning. The following rules shall apply to all Open Burning at all tiines; 1. The buriung of garbage, trash, rubbish, or utilization of burn barrels, atc, is illegal; 2. No open burning within 25 feet of any structure or combustible inaterial; 3. Pile size shall be no greater than 5' in diaineter, unless prior approval to increase pile size is obtained from the F'ire Marshal and fire district; 4. No more than one pile may be burned on any property at the same time; 5, Piles may be stored on a property no longer than twelve months; 6. Conditions that may cause the fire to spread shall be eliminated prior to igi�ition; 7. No open burning shall OCCLIT when wind speeds or gusts exceed 10 mph, unless prior approval is obtained by the Fire Marshal and local fire district; 8. A person capable of utilizing fire extinguishing equipment such as buckets, shovels, garden hoses connected to a charged water supply, fire extinguishers, heavy equipment, etc., shall be on site at all times; and 9. Fire extinguishing equipment such as buckets, shovels, garden hoses connected to a charged water supply, fire extinguishers, heavy equipment or any equipment that will provide suppression of the proposed fire, shall be on site at all times while the fire is burning. 6.10.050 - Recreational Fires. Recreational fires are allowed in unincorporated areas of Grant County, provided that no restrictions or burn bans are in effect. The following rules for Recreational Fires shall apply at all tiines: 1, Recreational fires, camp fires, coolc fires, etc, shall be no greater than 3' x 3' in diaineter and no more than 2' in height; 2. No recreational �ires shall be located within 25 feet of any structure; 3. A person capable of utilizing fire extinguishing equipment such as bucicets, shovels, garden hoses connected to a charged water supply, fire extinguishers, heavy equipinent, etc,, shall be on site at �11 times; ai�d 4. Fire extinguishing equipinent such as bucicets, shovels, g�rden hoses corulected to a charged water supply, fire extinguishers, heavy equipment or any equipment that will pi•ovide suppression of the proposed fire, shall be on site at all times while the Fire is burning. Fire Hazard Ordinance - 3 Civil/Departments/Ordinnnces/2013 Pire Hazard Ordinnnce 5-1-13 6.10.060 - Slcy Lanterns. The lighting and/or release of slcy lanterns or like materials shall be prohibited in Grant CoLulty. 6.10.070 � Violations as � civil infraction. The performance of any act prohibited by this chapter is designated as an infraction. 6.32.080 - Citation procedure. The procedures for issuance of notice of infraction, hearings, assessments and payinei�ts of inonetary penalties, shall be in accordance with the provisions contained in Title 25.16 0l the Grant County Code (Uiiified Development Code). IIearings on notices of inlractions issues pursuant to this chapter shall subject the violator to the I'ollowing penalties: (1) F'irst ofFense one hundred and F'ifty dollars $150.00 (2) Second offense three hundred dollars $300,00 (3) Third and subsequent offenses five hundred dollars $500.00 6.10.090 - Severability. If ai�y section, subsectioi�, sentence, clause, phrase, words, word of tl�is chapter is for any reason found to be unconstitutional or otl�erwise invalid, such unconstitutionality or invalidity shall not affect the constitutionality or validity of the reinaii�ing portions ot'this chapter, it being expressly declared that each section, subsaction, sentence, clause, phrase, words or word would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or inore section, stibsection, sentence, clause, phrase, words, or word be declared or otherwise foLuld unconstitutional or invalid for any reason. Fire Haz�rd Ordinance - 4 Civil/Departutents/Ordinauces/2013 Fire Hazard Ordin�uce 5-1-13 This Ordinance shall talce effect on the lst day of June, 2013. A PUBLIC HEARING WAS HELD ON THE ABOVE ORDINANCE/RESOLUTION AT 9:00 O'CLOCK A.M., ON THE 7TH DAY OF MAY, 2013. NOW, THEREFO1tE, BE IT RESOLVED AND ORDAINED THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT THIS ORDINANCE. .� PASSED AND ADOPTED this r� day of �,�/� , 2013. BOARD OF COUNTY COMMISSIONERS RANT COUNT , W � SHINGTON � ,i � I Cindy Cai�ter, hair �,��s,�-�.� Carolann Swartz, Vice-Ch ' Ric ard B. Stevens, Member Attest: ar ara J. Vasque C e of Board V Published: 4/18/2013; 4/25/2013 Approved as to ar-rn: � By . Dalton Lea_.�e ce ' Deputy Prosecuting Attorney Date: �.- � �� � Fire Hazard Ordinance - 5 Civil/Departments/Ordinances/2013 Fire Hazard Ordinance 5-1-13