HomeMy WebLinkAbout2026-018 - Ord. Amending Mason County Code Chapter 9.48 Outdoor Burning Program Ordinance No. aQb-O\S
An Ordinance Amending Chapter 9.48 of the Mason County Code,
Outdoor Burning Program
WHEREAS,outdoor burning constitutes a potential hazard to the public health and safety,and
WHEREAS,outdoor burning is allowed in Mason County by a written permit or a general rule
program.
WHEREAS,the Mason County outdoor burn program is managed by the Mason County Fire
Marshal under the authority of section 307 of the International Fire Code as adopted
by the State of Washington,and
WHEREAS,through an MOU with the Olympic Region Clean Air Authority(ORCAA),the
authority for issuing written permits has been delegated to the Fire Marshal and
Community Development Department,and
WHEREAS, it is acknowledged by all parties that a cooperative effort is necessary if the public is
to be properly served,and
WHEREAS, it is acknowledged that all parties affected by this ordinance must understand their
respective role,and
WHEREAS, in-order to reflect the changes identified above,Chapter 9.48 of the Mason County
Code must be revised
NOW,THEREFORE, BE IT RESOLVED,that the Board of County Commissioners of Mason
County hereby approves and adopts amendments to the Mason County Code Title 9,chapter 9.48 as
described in Attachment"A"
DATED this D ' day of ,2026.
BOARD OF COUNTY COMMISSIONERS.
ATTEST: MASON COUNTY,WASHINGTON
Q/YU17<t
McKenzie fnith, lerk of the Board Pat Tarzwell,Chair
APPROVED AS TO FORM:
Ra dy Neath in,Vice-Chair
Ti e ea_, eputy Prosecuting
Attorney Sharon Trask,Commissioner
ATTACHMENT"A"
Chapter 9.48-OUTDOOR BURNING PROGRAM
• 9.48.010-Established.
Pursuant to RCW 70.94, an outdoor burning program has been established in Mason County as set out
in this chapter.
(Res.4-95(part), 1995)
• 9.48.020-Definitions(from WAC 173-425-030)
(a) Agricultural burning: Outdoor burning including but not limited to any incidental agricultural
burning for pest or disease control.Agricultural burning is governed by WAC 173-430, not this
chapter.
(b) Construction/demolition debris:All material resulting from the construction, renovation or
demolition of buildings, roads or other man-made structures.
(c) Indian ceremonial fires: Fires necessaryfor Native American ceremonies(i.e. conducted by
and for Native Americans) if part of a religious ritual.
(d) Land clearing burning:The burning of trees,stumps,shrubbery or other natural vegetation
from land clearing projects conducted to use the land for a different purpose or leave unused.
(e) Natural vegetation:Unprocessed plant material from herbs, shrubbery and trees including
grass,weeds, leaves, clippings, pruning, brush, branches, roots, stumps and trunk wood.
(f) Nuisance:An emission of smoke or any other air contaminant that unreasonably interferes
with the use and enjoyment of the property upon which it is deposited.
(g) Outdoor burning:The combustion of material of anytype in an open fire or outdoor container
without providing for the control of combustion or the control of emissions from the
combustion. For purposes of this chapter,"outdoor burning"means all types of outdoor
burning except agricultural and Silvicultural burning.
(h) Recreational fire:A fire no greater than three feet in diameter within an approved campfire pit,
ring or barbecue using charcoal or firewood that occurs in designated areas or on private
property for cooking, pleasure or ceremonial purposes.
(i) Residential burning:The outdoor burning of leaves,clippings, pruning and other yard and
other natural vegetation on lands adjacent to a human dwelling conducted bythe property
owner.
(j) Silvicultural burning: Burning on any land the Department of Natural Resources (DNR)
protects per RCW 70.94.030(13).Silviculture burning is not governed by this chapter.
• 9.48.030 Basis for permitting outdoor burning.
All open fires are permitted under a general rule-program or by written permit. It is unlawful for any
person to cause or allow an outdoor fire containing prohibited materials which include but are not
limited to garbage,dead animals,asphalt, petroleum products, paints, rubber products, plastic,
paper, cardboard,treated wood, processed wood, construction/demolition debris, metal or any
substance which when burned, releases toxic emissions, dense smoke or obnoxious orders.When
starting fires, a limited amount of paper may be used.ORCAA may also allow the limited burning of
prohibitive materials for fire training.
(Res.4-95 s 1, 1995).
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• 9.48.040-Written permits.
(a) Pursuant to the Memorandum of Agreement(MOA) between the Olympic Region Clean Air
Agency(ORCAA)and Mason County,written permits for land clearing burning are required and
may only be issued by the Mason County Department of Community Development/Fire
Marshal's office.
(b) Written permits will only be issued for:
(1) Land clearing fires(larger than four feet in diameter)consisting of natural vegetation as
defined in 9.48.020(e)resulting from land clearing projects.
(2) Permits will not be issued for the burning of materials other than natural vegetation.
(3) The duration of a written permit shall not exceed one month unless an extension is
granted by the Fire Marshal.
(4) Permitted fires shall be inspected by the Community Development/Fire Marshal's
office and be subject to the conditions listed on the permit and this chapter.The
individual conducting the burning shall be at the site during the inspection to
acknowledge the burn requirements and sign the permit. If a representative is absent, it
will result in a failure and be subject to an additional inspection(s)and charge(s).
(5) Written permits will not be required for residential, recreational burning or Indian
ceremonialfires on tribal or trust lands.Indian ceremonial fires not on tribal or trust
lands require an ORCAA permit pursuant to WAC 173-425-060(h)
(Res.4-95 ss 2,3, 1995)
• 9.48.050-Residential burning.
(a) Residential burning is allowed under the general rule program for a total of fourteen days each
calendar year.
(b) Property owners may pick the specific days they wish to burn, as long as the total, in any
calendar year,does not exceed.the fourteen days.
(c) Pursuant to WAC 173-425-040, residential burning is prohibited within any established Urban
Growth Area.
(d) No fees will be charged for residential burning and a written permit is not required. However,
the person in charge of the fire shall adhere to the following requirements:
(1) Burn only natural vegetation as defined in 9.48.020(e).
(2) Not allow the fire to exceed 4 feet in diameter or 4 feet in height
(3) Maintain a 10-foot firebreak(down to bare earth)around the pile.
(4) Maintain 20 feet of vertical clearance from overhanging branches.
(5) Maintain a distance of at least 50 feet from any structure or combustible materials.
(6) Burning may only occur during daylight hours and be extinguished by nightfall.
(7) All materials must originate from the property the burning occurs(material may not be
brought from another site).
(8) The fire must not create a nuisance from the smoke or endanger life and/or property.
(9) A person with an approved water source capable of extinguishing the fire shall be in
constant attendance at the site while burning.
(Res.4-95 s 4, 1995)
• 9.48.060-Recreational fires
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(a) Recreational fires are allowed under the general rule burn program, do not require a permit and
shall adhere to the following requirements:
(1) Occur in a campfire pit, ring or barbeque
(2) Not exceed 3 feet in diameter.
(3) Maintain a 10 foot firebreak around the pile.
(4) Maintain 20 feet of vertical clearance from overhanging branches.
(5) Maintain a distance of at least 25 feet from any structure or combustible materials.
(6) The fire must not create a nuisance from the smoke or endanger life and/or property.
(7) A person with an approved water source capable of extinguishing the fire shall be in
constant attendance at the site while burning.
(Res.4-95 s 5, 1995)
• 9.48.070-Agricultural burning
Agricultural burning as described in 9.48.020(a) is exempt from these regulations but pursuant to WAC
173-430-020, shall require a permit from ORCAA and prior notification to the local fire department.
• 9.48.080—Indian ceremonial fires
Indian ceremonial fires are allowed under the general rule program and shall adhere to all the
requirements for a recreational fire including setbacks, pile size,etc.
• 9.48.090—Penalties
(a) Failure to comply with the provisions of this chapter or any conditions of a written permit may
result in any or all of the following enforcement actions:
(1) Revocation of an issued permit
(2) Suspension of any burn privileges for up to two years from the date the burn violation
occurred.
(3) Recovery of any or all costs that are necessary to control or extinguish the fire(permitted or
unpermitted)from the permittee, person responsible or property owner caused in part or in
whole by negligent acts or omissions.
(4) Enforcement actions pursuant to Mason County Code, chapters 6.72, 15.13,the
Washington Administrative Code(WAC)or the Revised Code of Washington (RCW).
(b) Notwithstanding any other provisions of this chapter, if any burn activities occurring under this
chapter result in damage to any personal property, nothing shall preclude the injured party
from seeking civil damages from the responsible party.
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