Current through Register Vol. 24-06, March 15, 2024
(1)
Permit program.
(a) Ecology or local air authorities may
consult with fire protection authorities, conservation districts, or counties
to determine if any of these agencies are capable and willing to serve as the
permitting agency and/or enforcing agency for particular types of burning in an
area of the state. Ecology or local air authorities may enter into agreements
with any capable agencies to identify the permitting agencies and enforcing
agencies for each type of burning and determine the type of permit appropriate
for each area where a permit is required. (RCW 70.94.654 )
(b) Permitting agencies may use, as
appropriate, a verbal, electronic, written, or general permit established by
rule, for any type of burning that requires a permit: Provided, That a written
permit should be used, where feasible, for land clearing burning, storm or
flood debris burning in areas where residential burning and land clearing
burning are prohibited under WAC
173-425-040(1), (2), or
(3), and other outdoor burning (except any
other outdoor burning necessary to protect public health and safety). (RCW
70.94.745(4) )
(c) The rule for a
general permit must establish periods of time when any burning under the permit
must occur. General permits must also include all appropriate conditions for
burning as stated in subsection (4) of this section.
(2)
Types of burning that require a
permit. Except as otherwise stated, a permit is required for the
following types of outdoor burning in all areas of the state under the
jurisdiction of this chapter:
(a) Residential
burning (except in the nonurban areas of any county with an unincorporated
population of less than fifty thousand; (RCW 70.94.745(2) )
(b) Land clearing burning; (RCW 70.94.745(2)
)
(c) Storm or flood debris
burning; (RCW 70.94.743(1)(c) )
(d)
Tumbleweed burning (except in counties with a population of less than two
hundred fifty thousand); (RCW 70.94.745(5) )
(e) Weed abatement fires; (RCW
70.94.650(1)(a) )
(f) Firefighting
instruction fires for training to fight structural fires in urban growth areas
and cities with a population over ten thousand, and all other firefighting
instruction fires, except firefighting instruction fires for training to fight
structural fires as provided in
RCW
52.12.150, aircraft crash rescue fires as
provided in RCW 70.94.650(5), and forest fires; (RCW 70.94.650(1)(b)
)
(g) Rare and endangered plant
regeneration fires; (RCW 70.94.651(1) )
(h) Indian ceremonial fires (except on lands
within the exterior boundaries of Indian reservations unless provided for by
intergovernmental agreement); (RCW 70.94.651(2) )
(i) Recreational fires with a total fuel area
that is greater than three feet in diameter and/or two feet in height (except
in the nonurban areas of counties with an unincorporated population of less
than fifty thousand; and (RCW 70.94.765 )
(j) Other outdoor burning (if specifically
authorized by the local air authority or ecology). (RCW 70.94.765 )
(3)
Fees. Permitting
agencies may charge a fee for any permit issued under the authority of this
chapter: Provided, That a fee must be charged for all permits issued for weed
abatement fires and firefighting instruction fires. All fees must be set by
rule and must not exceed the level necessary to recover the costs of
administering and enforcing the permit program. (RCW 70.94.650(2) and 70.94.780
)
(4)
Permit
decisions. Permitting agencies must approve with conditions, or deny
outdoor burning permits as needed to achieve compliance with this chapter. All
permits must include conditions to satisfy the requirements in WAC
173-425-050, and they may require
other conditions, such as restricting the time period for burning, restricting
permissible hours of burning, imposing requirements for good combustion
practice, and restricting burning to specified weather conditions. Permitting
agencies may also include conditions to comply with other laws pertaining to
outdoor burning. (RCW 70.94.745, 70.94.750, and 70.94.780 )
(5)
Establishment of a general permit
and requirements for residential burning.
(a) A general permit for residential burning
is hereby adopted for use in any area where ecology (or a local air authority
that has adopted this general permit by reference) and any designated enforcing
agencies have agreed that a general permit is appropriate for residential
burning, and have notified the public where the permit applies. All burning
under this permit must comply with the conditions in (c) of this subsection,
and it must be restricted to the first and second weekends (Saturday and
Sunday) in April and the third and fourth weekends in October, unless
alternative days are substituted by the enforcing agency and adequate notice of
the substitution is provided to the public. Alternative days may only be
substituted if conditions on the prescribed days are unsuitable due to such
things as poor air quality, high fire danger, unfavorable meteorology, likely
interference with a major community event, or difficulties for enforcement.
(RCW 70.94.745(4) )
(b) Local air
authorities may also adopt a general permit for residential burning that
prescribes a different set of days, not to exceed eight days per year, when any
burning under the permit must occur: Provided, That the public must be given
adequate notice regarding where and when the permit will apply. (RCW
70.94.745(4) )
(c) The following
conditions apply to all residential burning allowed without a permit under WAC
173-425-060(2)(a)
or allowed under a general, verbal, or electronic permit:
(i) The person responsible for the fire must
contact the permitting agency and/or any other designated source for
information on the burning conditions for each day.
(ii) A fire may not be ignited, and must be
extinguished, if an air pollution episode, impaired air quality condition, or
fire danger burn ban that applies to the burning, is declared for the
area.
(iii) The fire must not
include garbage, dead animals, asphalt, petroleum products, paints, rubber
products, plastics, paper (other than what is necessary to start a fire),
cardboard, treated wood, construction/demolition debris, metal, or any
substance (other than natural vegetation) that normally releases toxic
emissions, dense smoke, or obnoxious odors when burned.
(iv) The fire must not include materials
hauled from another property.
(v)
If any emission from the fire is detrimental to the health, safety, or welfare
of any person, if it causes damage to property or business, or if it causes a
nuisance, the fire must be extinguished immediately.
(vi) A person capable of extinguishing the
fire must attend it at all times, and the fire must be extinguished before
leaving it.
(vii) No fires are to
be within fifty feet of structures.
(viii) Permission from a landowner, or
owner's designated representative, must be obtained before starting an outdoor
fire.
(ix) Any burn pile must not
be larger than four feet by four feet by three feet.
(x) Only one pile at a time may be burned,
and each pile must be extinguished before lighting another.
(xi) If an outdoor container is used for
burning, it must be constructed of concrete or masonry with a completely
enclosed combustion chamber and equipped with a permanently attached spark
arrester constructed of iron, heavy wire mesh, or other noncombustible material
with openings not larger than one-half inch.
(xii) No fire is permitted within five
hundred feet of forest slash.
Persons not able to meet these requirements or the requirements
in WAC 173-425-050 must apply for and
receive a written permit before burning. Failure to comply with all
requirements of this subsection voids any applicable permit, and the person
responsible for burning may be subject to enforcement action under subsection
(6) of this section.
(6)
Field response and
enforcement. Any agency that issues permits, or adopts a general permit
for any type of burning in an area, is responsible for field response to
outdoor burning complaints and enforcement of all permit conditions and
requirements of this chapter related to that type of burning in the area,
unless another agency has agreed under WAC
173-425-060(1)(a)
to be responsible for certain field response or enforcement activities. Except
for enforcing WAC
173-425-050(3)(a)(iii),
local air authorities and ecology may also perform these activities. Local air
authorities or ecology will also be responsible for enforcing any requirements
that apply to burning that is prohibited or exempt from permits in areas under
their jurisdiction, unless another agency agrees to be responsible.
Permitting agencies and enforcing agencies may require that
corrective action be taken, and may assess penalties to the extent allowed
under their general and specific authorities if they discover noncompliance
with this chapter. A fire protection authority called to respond to, control,
or extinguish an illegal or out-of-control fire may charge, and recover from
the person responsible for the fire, the costs of its response and control
action.
Statutory Authority: RCW 70.94.700, [70.94.]755 and
Governor's Executive Order 97-02. 00-07-066 (Order 97-39), § 173-425-060,
filed 3/13/00, effective 4/13/00. Statutory Authority:
Chapter
70.94 RCW. 92-24-077
(Order 91-57), § 173-425-060, filed 12/1/92, effective
1/1/93.