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HomeMy WebLinkAboutWorkshop re Burn Ban JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley DATE: June 5,2022 SUBJECT: DISCUSSION AND POTENTIAL ACTION re: County Burn Ban STATEMENT OF ISSUE: Resolution No. 42-05 (June 28, 2005)relies on WAC 173-425-050(3)(a)(iii)to resolve that: • 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, and/or; • Open burning shall be curtailed during periods of closure as defined by the Olympic Clean Air Agency due to air quality degradation, and; • Open burning may be curtailed during additional periods identified by Jefferson County in consultation with the Fire Chiefs. Resolution No. 43-05 (June 28, 2005), Resolution No. 22-13 (June 24, 2013), Resolution No. 40-20 (June 29, 2020), and Resolution No. 31-21 (June 28, 2021) implement Jefferson County burn bans under Resolution No. 42-05, Section 4. The language of these 2005, 2013, 2020, and 2021 resolutions is essentially the same. In those years, the Fire Chiefs have recommended that Jefferson County adopt its own burn ban under Resolution No. 42-05. The Fire Chiefs recommend that the fire danger is such that the County should adopt its own burn ban this fire season. Last year, Resolution No. 30-22 (attached) adopted and followed a somewhat different format. Section 2 said: Section 2. County Will Follow DNR Guidance. Should the DNR issue guidance banning recreational fires on all forestlands (as defined in RCW 76.04.005(11)1), Jefferson County will follow suit and the outdoor burning ban declared in this resolution shall be 1 "Forestland"means any unimproved lands which have enough trees,standing or down,or flammable material,to constitute in the judgment of the department,a fire menace to life or property. Sagebrush and grass areas east of the summit of the Cascade mountains may be considered forestlands when such areas are adjacent to or intermingled with areas supporting tree growth. Forestland,for protection purposes,does not include structures.RCW 76.04.005(11). 1 extended to ban all open burning, including recreational fires, until atmospheric and field conditions lower. Unlike past years, DNR did not prohibit open fires. That left a gap in protection for County forest land, I which for fire purposes is jointly managed by DNR and the fire districts. The Fire Chiefs would like this year's resolution to address that gap. A proposed resolution drafted by the PAO, after receiving input from the Fire Chiefs is attached. The attached proposed resolution needs further input from the Fire Chiefs and the County Board of Commissioners. ANALYSIS: Resolution No. 42-05 (June 28, 2005) authorizes the County Board of Commissioners to adopt a County burn ban, in consultation with the Fire Chiefs. FISCAL IMPACT: None. RECOMMENDATION: Pass a resolution(attached) adopting a County-wide burn ban, as recommended by the Fire Chiefs. REVIEWED BY: ��/ lam- Z Mark McCa , County Administrator D ._ it 2 STATE OF WASHINGTON COUNTY OF JEFFERSON In the Matter of Declaring a Jefferson County Outdoor Burn Ban and Establishment of the Fire Risk-Burn Level-Restriction Guidelines RESOLUTION NO. for the 2023 Fire Season WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county legislative authorities the police power to adopt such local police, sanitary and other regulations as are not in conflict with general laws; and, WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation of the police power to cities and counties, and the power delegated is as extensive within their sphere as that possessed by the legislature; and, WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, police power is that inherent and plenary power which enables prohibition of all things hurtful to the comfort, safety and welfare of society;and, WHEREAS, the scope of police power is broad, encompassing all those measures which bear a reasonable and substantial relation to promotion of the general welfare of the people;and, WHEREAS, the Fire Chiefs for the Fire Protection District within Eastern Jefferson County have called for a county-wide ban on outdoor burning (as defined in WAC 173-425- 030(16)1)between the Effective Date of this resolution and September 30, 2022 as a valuable tool to reduce the occurrence of preventable human caused wildfires; and, WHEREAS,the Fire Chiefs for the Fire Protection Districts for East Jefferson County have been consulted regarding the proposed county-wide ban on outdoor burning between the Effective of this resolution and September 30, 2022; and, WHEREAS, the Jefferson County Fire Marshal supports enacting the proposed county-wide ban on outdoor burning between the Effective Date of this resolution and September 30, 2022; and, "'Outdoor burning'means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.For the purposes of this rule, "outdoor burning" means all types of outdoor burning except agricultural burning and silvicultural burning. (RCW 70.94.743(21)." WAC 173-425-030(16). 1 WHEREAS, fire precautions and safeguards against hazards to life, safety and property from the dangerous conditions associated with fire; protect citizens, firefighters, emergency responders and private property; and, WHEREAS, the Jefferson County Board of Commissioners wishes to promote the health, safety and welfare of its citizens under the statutory purposes of the Washington Clean Air Act; and, WHEREAS, Jefferson County has the authority vested under Washington Administrative Code 173-425-050[3][a] [iii]Entitled"Curtailments"to declare for Jefferson County Fire Danger Burn Restrictions in areas under its statutory jurisdiction, in addition to the statutory authority vested to the Washington State Department of Natural Resources(DNR)and the Olympic Region Clean Air Agency(ORCAA); and, WHEREAS, Jefferson County has enacted the authority to establish a county-wide ban on outdoor burning in Resolution Number 42-05, adopted on June 28, 2005; and, NOW, THEREFORE, BE IT RESOLVED by the Jefferson County Board of Commissioners that: Section 1. Outdoor Burn Ban Declared. The Jefferson County Board of Commissioners declare a county-wide ban outdoor burning as defined in WAC 173-425-030(16), other than for recreational fires(as defined in the Uniform Fire Code Chapter 2-Definitions2), for all of Jefferson County from the Effective Date of this resolution through September 30, 2022, concurrent with the burn ban implementation plans of Jefferson County Fire Districts. This county-wide ban outdoor burn ban may be extended beyond September 30, 2022, based upon consultation between the Fire Marshal, County Fire Chiefs, and in consideration of the current atmospheric and field conditions. Section 2. County Will Follow DNR Guidance. Should the DNR issue guidance banning recreational fires on all forestlands (as defined in RCW 76.04.005(11)3), Jefferson County shall follow suit. However,after the Effective Date,the Fire Marshal,after consultation with the County Fire Chiefs and in consideration of the current atmospheric and field conditions,may declare a ban on all open outdoor burning, including recreational fires in a particular Fire District or in all of unincorporated Jefferson County: (a) Prior to any DNR recommendations or guidance;or,the Jeff rsen Count.,Fire D t•icts, after—upefreensu4tatien-between-the-Fire-Mafshal-and4he-Geunty-Fife-Ghiefs-and-in �ideration of the , ent.,+.,spheric and field ,. .,.bons 2"`RECREATIONAL FIRE." An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator,outdoor fireplace,portable outdoor fireplace,barbeque grill or barbeque pit and has a total fuel area of 3 feet(914 mm)or less in diameter and 2 feet(610 mm) or less in height for pleasure, religious, ceremonial cooking,warmth or similar purposes." UFC Chapter 2-Definitions(2018). "Forestland"means any unimproved lands which have enough trees, standing or down,or flammable material,to constitute in the judgment of the department,a fire menace to life or property. Sagebrush and grass areas east of the summit of the Cascade mountains may be considered forestlands when such areas are adjacent to or intermingled with areas supporting tree growth.Forestland,for protection purposes,does not include structures.RCW 76.04.005(11). 2 (a)(b) Beyond any time limit in any DNR recommendations or guidanceffiae -the outdoor b b� aec a Tesol io to-be lop , recreatienal-fires, until atmospheric and field conditions lower. Section 3. Findings. The Jefferson County Board of Commissioners adopts the above recitals (the"WHEREAS" statements)as its findings of fact supporting this resolution. Section 4. Severability. The provisions of this resolution are declared separate and severable. If any provision of this resolution or its application to any person or circumstances is held invalid, then the remainder of this resolution or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 5. SEPA Compliance. This resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 6. Resolution 42-05. Resolution number 42--05 remains in effect, subject to the provisions of this resolution. Section 7. Effective Date. This resolution becomes affective on the date approved by the Jefferson County Board of Commissioners. This resolution shall be considered null and void and without effect on December 31, 2023. (SIGNATURES FOLLOW ON NEXT PAGE) 3 ADOPTED this day of 2023, at_•_a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Greg Brotherton, Chair Kate Dean, Member Heidi Eisenhour, Member 4 34 Fire Restrictions BoCC Workshop on June 5, 2023 Phil Cecere, DCD Director/Fire Marshal f Brian Tracer, Assist. Chief, EJFR Don Svetich — Deputy Fire Chief QFR (Retired) Philip C. Hunsucker, Chief Civil DPA Fire Restrictions Workshop June 5,2022 1 �,, ,,N ,, Agenda 110 Background—History 2022 burn restrictions and contradictions between DNR and Jefferson County. Recommendation—Language Change from Resolution 30-22. FIREDANGER_AREA_NM: Jefferson County 6, OATURAL RESOURCES FIRE DANGER LEVEL NM: Low HOME WILDFIRE INFORMATION tOBBIESSMBYRBRIlin + MNPSANO GIS bKA CONTACT DNA ABOUT DNR FIRE_DANGER_LEVEL_CD: 1 '- Fire Danger and Outdoor Burning BURN_BAN_LEVEL_CD: 99 This site provides current information about III Os BURN BAN LEVEL NM: No Burn Bans in effect wildfire danger in Washington,as well as — — — restrictions applying to outdoor buming CI E3 El conducted on DNR-protected forestlands © Effective 1/28/2022 @ 00:01,If you throughout Washington. © have a written burning permit from Listed burning restrictions become a DNR,burning is allowed subject to requirement of your DNR burn permit and also apply to DNR rule burning(WAG 332-24- the conditions of your permit.For 205)that does not require a permit.Always ________ _ land clearing and residential back contact your local fire and air quality , •atcom Court, authorities before lighting any outdoor fire sang�"Via!' •* K s yard burning,please contact •IaNam Court• Olympic Re ion Clean AirA Agency at Click on your location for fire danger and Itzirnty T F.-hills Fo- 9 9 Y burning restrictions for DNR-regulated 1-800-422-5623. If you have outdoor burning. a coo •..r Basin •I NOTES_TXT: questions or would like to obtain a Burn Bans DNR burning permit for silvicultural .��Rub Bumsaro Daru+ed wane ow.r Basin FOR' „r burning,please call Olympic Region N Rub andPem,rt Bums ambanned COrC,un, DNR at 360-374-2800.Fireworks Rule.Fermrt and Recreavon BUTS are penned and incendiary devices such as 'J I Other Canb,n.Con.dose,bed °s,am exploding targets,sky lanterns or "°b °' "e"e" tracer ammunition are always illegal on all DNR protected lands,which Wildfire Danger OA '°°"" momincludes unimproved private https://www.dnr.wa.gov/burn-restrictions,Accessed May 30,2022. property. New active county danger map. ORTURALRESOURCES HOPE iMA/tRE RIFORMAT1On p5S1Etl ARO VERSETS MAPS MC.QS DATA t.OHTACT 5N0 ♦r30..T..Hn Fire Danger and Outdoor Burning y'! c;1) to «• danger as well as festrictions applying to outdoor banning conducted o au Wed on ONR protected �« a +s throughout wa:,+,rngr your seed burning re t s Decor pet dra of y ■ r } r n r3NR WM partnq and pplY DNH ule 1 rY T wf iR• Fai�FO; bur rrn WAD 332 24 2051 that d of•egrare a 4aWAt�4' l'll3f� 1, -em an s �•a io Hic�Diands FLORApo d Always COntani Y local t d an twalWl autnorltias before Uon nR any outdo,fire FI...ie FnntMlls FORA Click on you,location tot fire flange.and turning Dai;:n GC'Ht castrations for OMR-rlgulatad outdoor Doming. .� •Iyntpics FDn — Burr,Bans KL+Rua 8:nns are banned i'ricel o ntral awl ands II: RUN and aa�mt.Bums foe tanned ast F aH C au ass FDR• tipper'Basin FOWL F-a,RUN en nem,ono Recreon 8Uma are banned s- Yakima H Il Omar Co.no nM on dour nod No burn can n.Rea lower Basin FORA Sou, Ca ' •-h...�--•�oir�lowtend. A ' l.!^.� Yakima F� • N Drm•i MxOnt: DNA Wildfire Danger Upper its en FORA _ -,. •i4+Y. •Brush lb very Ft,gn `t+ipdarata WA State narks C;tS.ESn,HERE,Oar Tin.FAO.NOAA, Ibreeditestade C.-1" illKIN'E I PBt3ActrouS'Y 1 LEAR.NE.Ci CZNI J1 I QP.TL.QQIt CIXBDS I vv.,: C 30221)polataat of Nantran Retakes. REGION 6 � ,,� FIRE DANGER RATING AREAS = Choose a fire dan er rafine area for more information. ``= , cx Behn4Ran. :inter,- lilla._ iil'ihilt... 1p F.P- Spokane Seat t na. ee Aberdeen Clynipi:� L-....� Yakima jpok . Rer.,0 tCv' r'rnrvck ,Malta Wal Dover REGION 6 �� FIRE DANGER RATING AREAS , c� Lowlands Central Fire Data 2023-05-28 i„,,, Western Washington Fire Danger Operating Plan Lowlands Central Fire Danger Rating Area Fuel Model:Y RAW S:450207 451702 Fire Weather Zones:WAZ654 WAZ657 WAZ653 Historic Data Years:2008-2019 Description:The Lowlands Central FDRA extends from Southern Thurston county in the south to approximately the King Snohomish county line in the north and between the Olympic and the Cascade for includes the Kitsap Peninsula and the lower elevations of the eastern half of the Olympic Peninsula ERC RI SFDI PV Temp/RH Live Fuels Dead Fuels Fire Season End Dak Type ERC 81 ERC% 81% SFD1 P11 ERC Level 2023-05-28 0 19 .... 15 -.....64th 7511 Moderate 1 3 • 2023-05-27 0 20 16 MI6786 MO 1 3 , Obs Dale 10 NAME MSGC 1-66 10-hr 100-hr 1000-r FRB WDY 2023-05-28 450207 QUILCENE 1673P 17 21 17 18 221 182 2023-05-28 451702 ENUMCLAW 16Y2P 18 21 16 17 126 121 , Variability Among Fire Districts v • Variability of burn permitting & restrictions. �, 1 ., - • Ex: East Jefferson Fire Rescue consists of 5 districts, which have k) different climates and levels of - �=- �- `° precipitation. �. <` • West End also differs from East \, j Jefferson. , • Consistency of coordination also `1 • applies to other Counties, Region,& other agencies. .0 A Enforcement• Mechanisms for enforcement of open burning restrictions do not currently exist in our system. • Different approaches for enforcement. • Code enforcement • Infractions • Criminal • One approach would be to adopt a similar enforcement mechanisms from the recent Ordinance Repealing and Replacing Chapter 8.75 (Fireworks and Sky Lanterns) of the Jefferson County Code, which incorporates all three approaches for maximum flexibility. (-ThsoN co 'S) 0.n Fire Chief's Proposed Risk r , Matrix Cv- s June 5,2022 Fire Restrictions BoCC Workshop 9 FIRE RISK LEVEL ALLOWED I RESTRICTIONS r,s..,:�',`f�fi' � /�,:�.�.,.,�,h'`� "rrrr.�!uti.�+�',fi,;,s,�.;v�!.a:,Y�,..�'wl r.:�al..�`;.'.. LOW(Green) • Land Clearing/Yard Debris Jefferson County • Wood Fires(Recreational) Land Clearing I Yard Debris Fires Burn Ban • Wood or Solid Fueled Cooking Fire—To Include:Charcoal Barbeque Grills,Smokers July 1—Sept 30 • Gas or Propane Fueled Appliances • UGA Land Clearing/Yard Debris • Tiki Torches • Liquid Fuel Candles or Lanterns • Discharge of Fireworks • Discharge of Fire Arms(Open Lands) MODERATE(Blue) 2 • Land Clearing/Yard Debris FIRE ADVISORY • Wood Fires(Recreational) Land Clearing/Yard Debris Fires Bum Ban • Wood or Solid Fueled Cooking Fires July 1—Sept 30 • Gas or Propane Fueled Appliances • UGA Land Clearing/Yard Debris • Tiki Torches • Possible Restrictions • Liquid Fuel Candles or Lanterns • Discharge of Fireworks • Discharge of Fire Arms(Open Lands) HIGH(Yellow) 3 • fiat or Propane Fueled Appliances FIRE ADVISORY • Wood or Solid Fueled Cooking Fire(Enclosed Flame Only) • Land Clearing/Yard Debris Fires • Wood Fires-Recreational • Wood,Charcoal Cooking Fires(BBC) • Tiki Torches • Liquid Fuel Candles or Lanterns • Discharge of Fireworks of Any Type • Discharge of Fire Arms(Open Lands) VERY HIGH(Orange) 4 • Gas or Propane Fueled Appliances ONLY FIRE RESTRICTIONS • No Outdoor Burning or Discharge EXTREME(Red) • CLOSED CLOSED • No Outdoor Fire,Burning,or Discharge of Any kind or Type I riKt KIJK I LtVtL I ALLUVVtU I KtJ I Kik,I IUNJ LOW(Green) 1 • Land Clearing/Yard Debris • Unincorporated, Undeveloped • Wood Fires(Recreational) Jefferson County • Wood or Solid Fueled Cooking Fire—To Include: • Land Clearing/Yard Debris Charcoal Barbeque Grills, Smokers Fires Burn Ban July 1 —Sept 30 • Gas or Propane Fueled Appliances • UGA Land Clearing/Yard Debris— • Tiki Torches CLOSED YEAR ROUND • Liquid Fuel Candles or Lanterns • Discharge of Fireworks • Discharge of Fire Arms Olen Lands 2 • Land Clearing/Yard Debris—Unincorporated Ares of FIRE ADVISORY Jefferson County • Jefferson County Resolution 30-05 (Closed pending current long term adverse Land Clearing/Yard Debris Fires Burn Ban atmospheric conditions) July 1 —Sept 30 • Wood Fires(Recreational) • Watch for Fire Restrictive Advisory being • Wood or Solid Fueled Cooking Fires issued prior to July 1, Based on Atmospheric • Gas or Propane Fueled Appliances Conditions. • Tiki Torches • Liquid Fuel Candles or Lanterns • Discharge of Fireworks • Discharge of Fire Arms(Open Lands)— Undeveloped Lands of Jefferson County FIRE RISK LEVEL ALLOWED RESTRICTIONS HIGH (Yellow) 3 • Gas or Propane Fueled Appliances FIRE ADVISORY • Wood or Solid Fueled Cooking Fire (Enclosed Flame Only) • Land Clearing/Yard Debris Fires— CLOSED - • Wood Fires-Recreational • Wood, Charcoal Cooking Fires (BBQ) • Tiki Torches • Liquid Fuel Candles or Lanterns • Discharge of Fireworks of Any Type • Discharge of Fire Arms (Open Lands) Undeveloped Lands of Jefferson County VERY HIGH 4 • Gas or Propane Fueled Appliances ONLY FIRE RESTRICTIONS (Orange) • No Outdoor Burning or Discharge EXTREME (Red) 5 • CLOSED CLOSED • No Outdoor Fire, Burning. or Discharge of Any kind or Type ti �tiU C rJ�" Value of the Matrix `= Transparency — Clear purpose and processes for burn restrictions would be written into the Code. Predictability — Levels of fire restrictions would be uniform amongst the different fire districts. The public has a clear understanding when different fire restrictions levels are in place and what constitutes safe open burn practices. The open burning permit process is consistent & efficient. Enforcement — Responsibility would be clearly defined. Mechanisms for compliance could be based on meeting the requirements in the matrix. 1,0017iii70000,--------.......,„, s 0 N . Acc,t..) 6.......,,,, ,1417 Recommendations . . 4.--)1/4,/ ,.. .„);_,,,,,,!... . .. , . ... _...... ro 40- .,,,, .4.. (,=- ____, isiii lr June 5,2022 Are Restrictions BoCC Workshop 14 v,.„0 ('o Recommendation Provide guidance regarding the development of a resolution restricting fires for 2023, and an ordinance for future years. • Keep the Current System for the 2023 fire season. Plan on a resolution that adopts a County burn ban. • Direct staff to work with the Fire Chiefs, the Prosecuting Attorney and the Sheriff to develop an new ordinance that repeals & replaces Resolution No. 42.05. The new ordinance should: ■ Provide a more transparent a predictable method of regulation of open burning. ■ Contain open burning restrictions based on the Fire Chief's proposed matrix. ■ Contain enforcement mechanisms. 1 (••••---------1""""""4'\_.$) ar's '4'1 -$ e 06 1 4,, 4 ....t.7 Questions? , V\sts 4 4,.e.,0144,6,44 6 I 444 4.e•1.•. IS June 5,2022 Fire Restrictions BoCC Workshop 16