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JEFFERSON COUNTY
STATE OF WASHINGTON
In the Matter of:
Establishing a Jefferson County
Open Burning Program
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RESOLUTION NO. 42-05
WHEREAS, Chapter 173-425 Washington Administrative Code "Open Burning"
establishes a program to implement the limited burning policy authorized by Sections 743 through
765 of the Washington Clean Air Act, and;
WHEREAS, Chapter 173-425-040 [2] Washington Administrative Code "Urban
Growth Areas" enables local jurisdictions to disallow residential burning and land clearing burning
in any urban growth areas after December 31, 2000 in "High Density Areas" as defined under
Chapter 173-425-040 [4] Washington Administrative Code, and;
WHEREAS, Jefferson County has the authority vested under Chapter 173-425-050
[3] [iii] Washington Administrative Code "Curtailments" for Jefferson County to declare a fire
danger bum ban in areas under its statutory jurisdiction, in addition to the statutory authority
vested to the Washington State Department of Natural Resources and the Olympic Clean Air
Agency, and;
THEREFORE, BE IT RESOLVED, The Jefferson County Board of Commissioners
hereby wish to promote the health, safety and welfare of its citizens under the statutory purposes of
said Washington Clean Air Act, and
FURTHER, BE IT RESOLVED, The Jefferson County Board of Commissioners
hereby wish to regulate debris disposal open burning, other than recreational fires, as defined
under Chapter 173-425 Washington Administrative Code, the County hereby resolves:
1. The Director of the Department of Community Development shall establish a Jefferson
County Open Burning Regulatory Program, to provide consistency among the Jefferson
County Fire Protection Districts and the Jefferson County Enforcement Officer, in the
regulation, permitting, establishment of curtailment periods, and enforcement procedures,
and;
2. Open burning shall be curtailed during periods of closure as defined by the current
established Washington State Department of Natural Resources open burning curtailment
program, due to fire danger, andlor;
3. Open burning shall be curtailed during periods of closure as defined by the Olympic Clean
Air Agency due to air quality degradation, and;
4. Open burning may be curtailed during additional periods identified by Jefferson County in
consultation with the Fire Chiefs, and;
5. During periods of open burning curtailment, the provisions of Chapter 173-425-060 [6]
Washington Administrative Code "Field Response and Enforcement" permits Jefferson
County to establish field response and enforcement provisions for violations of open
burning curtailment, including the directions of its Fire Protections Districts to respond to,
control, andlor extinguish an illegal or out of control fire, and;
6. The Jefferson County Enforcement Officer and Jefferson County Code Compliance
Coordinator is authorized to provide field response and enforcement under the authority
Resolution No. 42-05 Establishing an Open Burning Program
Page: 2
vested from Resolution No. 42-03, Complaint Review and Enforcement policy. As well
as, Section 10, Enforcement, of the Unified Development Code (UDC), and may call upon
the respective Fire Protection District for assistance, and;
7. The Fire Protection District is authorized to charge, and recover, from the person
responsible for the fire, the costs of its response and control action when such open burning
is left unattended, or the responsible person does not provide voluntary compliance, as
authorized Chapter 173-425-060 [6] Washington Administrative Code, and;
8. That nothing in this resolution shall prohibit the Fire Protection Districts of Jefferson
County, the authority to establish a formal fire permit program for residential burning, as
allowed under Chapter 173-425-060 [2] through [5] Washington Administrative Code,
including nominal fee.
9. When granted by the Department of Ecology or Olympic Clean Air Agency under Chapter
173-425-070 Washington Administrative Code, variance from the provisions of this
ordinance shall only apply to open burning other than residential debris disposal open
burning, and proof of authorization of such variance noted hereunder shall be provided to
the enforcement authority, when requested.
10. Nothing herein shall pre-empt the regulatory authority of the National Parks and
Washington State Park System for regulation and enforcement of open burning, including
recreational fires, however, the Director of Community Development shall coordinate any
Jefferson County regulatory program therewith.
NOW, THEREFORE BE IT RESOLVED, that the Board of County
Commissioners establishes a Jefferson County open burning regulatory program.
SEVERABILITY. The provisions ofthese regulations are severable. If any provision is held
invalid, the application of that provision to other circumstances and the remainder of the regulation
will not be affected.
EFFECTIVE DATE. This resolution is effective June 28,2005.
Approved this 28th day of June, 2005.
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Deputy Clerk of the Board
ON COUNTY
CO MISSIONERS