HomeMy WebLinkAboutHearing re Burn Regulation Fire Danger Risk JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Phil Cecere, Building Official Fire Marshal
Brian Tracer, Deputy Fire Marshal
DATE: 6/17/2024
SUBJECT: HEARING re: Adoption of a Burn Regulation Ordinance Adopting a Fire Danger
Risk and Restriction Model.
STATEMENT OFIISSUE:
The Board of County Commissioners held workshops on April 1, 2024 and May 6, 2024 to discuss a new
ordinance regarding burn regulations across Jefferson County. A hearing notice was published regarding the
proposed ordinance and called for written public comment beginning on June 3, 2024 and ending on June 17,
2024 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Public
testimony will be received at the hearing on June 17, 2024. Comment was received from the Jefferson
County Undersheriff Andy Pernsteiner addressing a scrivener's error in the violations and penalties section
under 8.72.050(2)(a) and it was revised accordingly. The Office of the Fire Marshal is requesting a Board of
County Commissioners (BOCC) hearing to receive public comment and act to adopt a new ordinance
regarding burn regulations across Jefferson County.
ANALYSIS:
In anticipation of the completion of the Community Wildfire Protection Plan (CWPP), the Fire Marshal
proposes the revision of burn regulations for clear public understanding of;burning and activity restrictions
to ensure a safer, healthier community. The ordinance includes: burn restriction levels including a fire
danger risk level model, recurring annual moderate burn restriction, prohibited devices and restricted
activities. A portion of the draft ordinance consists of the authority to seta burn restriction level and
seasonal burn restriction effective dates outside of the set annual restriction season period.
The Jefferson County Fire Chief s Association has been provided opportunities to comment and supports
the drafting of these regulation revisions. The Jefferson County Prosecuting Attorney's Office has provided
ongoing guidance and has confirmed compliance with state requirements and local ordinance for rules on
adopting ordinances.
FISCAL IMPACT:
There are no direct f scal impacts associated with this ordinance although efficiency would be improved.
RECOMMENDATION:
Staff reco that the Board hold the requested hearing and take appropriate action.
RE EWED
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Mark au ey, CJounty Administrator Da e
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STATE OF WASHINGTON
County of Jefferson
In the Mat er of Repealing and Replacing
Resolution No. 42-05 and Establishing
Updated Regulations for Outdoor Burning, ORDINANCE NO.
Bonfires and Recreational Fires in
Unincorporated Jefferson County
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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, RCW 36.32.120(10)provides that county legislative bodies have the power
to declare a nuisance within the county; to abate a nuisance at the expense of the parties creating,
causing, or committing the nuisance; and to levy a special assessment on the land or premises on
which the nuisance is situated to defray the cost, or to reimburse the county for the cost of abating
it; and,
WHEREAS, RCW 70A.15.5020 states it is the policy of the State of Washington to
reduce outdoor burning to the greatest extent practical; and,
WHEREAS, RCW 70A.15.5010(1) prohibits causing or allowing any outdoor fire
containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics,
or any substance other than natural vegetation that normally emits'dense smoke or obnoxious
odors; and,
WHEREAS, under JCC 15.05.030(3), Jefferson County adopted the International Fire
Code (IFC), as adopted and modified in Chapter 51-54A WAC; and,
WHEREAS, Chapter 51-54A WAC adopts and modifies the 2021 version of IFC; and,
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WHEREAS, IFC Section 307.1.1 (2021) states, "Open burning shall be prohibited when
atmospheric conditions or local circumstances make such fires hazardous;" and,
WHEREAS, IFC Section 307.3 (2021) states, "Where open burning creates or adds a
hazardous situation, or a required permit for open burning has not been obtained, the fire code
official is authorized to order the extinguishment of the open burning operation;" and,
WHEREAS, the Jefferson County Board of Commissioners (Board) wishes to promote
the health, safety and welfare of its citizens under the statutory purposes of the Washington Clean
Air Act, Chapter 70A.15 RCW and its implementing regulations in Chapter 173-425 WAC; and,
WHEREAS, the fire protection authority in Jefferson County has the authority vested
under the Washington Clean Air Act regulations in WAC 173-425-050(3)(a)(iii) o declare a fire
danger burn ban in unincorporated Jefferson County; and,
WHEREAS, limiting outdoor burning protects people when the air is unhealthy; and,
WHEREAS, limiting outdoor burning protects people and property when wildfire danger
is high; and,
WHEREAS, fire precaution and safeguards against hazards to life safety and property
from the dangerous conditions associated with wildfire; protect citizens, firefighters, emergency
responders and private property; and,
WHEREAS, on June 28, 2005 Jefferson County adopted Resolution No. 42-05, a
regulatory program to regulate outdoor burning; and,
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WHEREAS,the Board has determined Resolution No.42-05,should be updated;and,
WHEREAS, the Board has determined that more local control should exist in
determining when atmospheric conditions or local circumstances make outdoor burning a
hazardous fire danger in unincorporated Jefferson County; and,
WHEREAS, the Jefferson County Fire Marshal, in consultation with local fire
officials, has developed a fire danger risk rating system based on the National Fire Danger
Rating System developed by the United States Fish & Wildlife Services and other
scientifically based fire management tools; and,
WHEREAS, JCC 15.10 is an antiquated clause with no relevance to current public
safety concerns and should be repealed without replacement and,.
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WHEREAS,the local fire officials in Jefferson County agree that Resolution No. 42-
05, should beupdated and concur with the Board adopting this ordinance; and,
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s See h!!Ps:HP-acc nifc.gov/n-nec/predictive/nfdrs gaining understand ina.pdf.
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WHEREAS, the Jefferson County Fire Marshal agrees that Resolution No. 42-05,
should be updated and concurs with the Board adopting this ordinance; and,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY, STATE OF WASHINGTON as'follows:
Section 1. Whereas Clauses are Findings of Fact. The Board adopts the above recitals (the
."WHEREAS' statements) as its findings of fact supporting this ordinance.
Section 2. Repealing and Replacing Resolution No. 42-05. The Board repeals and replaces
Resolution No. 42-05 with new Chapter 8.72 JCC, which is in Appendix A and which regulates
outdoor burning, bonfires and recreational fires in unincorporated Jefferson County.
Section 3. Adoption of Chapter 8.72 JCC. Chapter 8.72 JCC, which attached in Appendix A and
which regulates outdoor burning, bonfires and recreational fires in unincorporated Jefferson
County, is hereby adopted.
Section 4. Adoption of Miscellaneous Amendments. The miscellaneous amendments to the
Jefferson County Code, which are in Appendix B, are hereby adopted.
Section 5. Se erability. The provisions of this ordinance are declared separate and severable. If
any provisions of this ordinance or its application to any person or circumstances is held invalid,
then the remainder of this ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 7. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon adoption by the Board.
(SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this day of 2024.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Kate Dean, Chair
Greg Brotherton, Member
ATTEST:
Heidi Eisenhour, Member
APPROVED AS TO FORM:
Carolyn Gallaway, Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX A—NEW CHAPTER 8.72 JCC
Title 8 -HEALTH AND SAFETY ;
Chapter 8.72 — REGULATIONS FOR OUTDOOR BURNING, BONFIRES AND
RECREATIONAL FIRES IN UNINCORPORATED JEFFERSON COUNTY
Sections:
8.72.010 Purpose and Construction.
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(1) The purpose of this regulation of open burning, bonfires and recreational fires is protect
people and property, especially when wildfire danger is high. Implementing a fire danger rating
system that is widely recognized promotes transparency so that ,regulations that are easily
understood and consistently applied across Jefferson County.
(2) It is expressly the purpose of this chapter to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular
class or group of persons who will or should be specially protected or benefited by the terms of
this chapter.
(3) This chapter supplements International Fire Code Section 3.07, adopted in JCC
15.05.030(6),'and shall be construed in connection with that law and with Chapter 51-54 WAC,
which modifies the IFC for application in the State of Washington.
(4) This chapter shall be liberally construed to carry out its broad purposes, allowing the local
fire official to determine permissible consumer fireworks within their region of responsibility
within Jefferson County.
(5) Reference to the Jefferson County Code(JCC)in this chapter is to the provision of the JCC
as adopted or as amended.
(6) Reference to the Revised Code of Washington(RCW) in this chapter is to the provision of
the RC W as adopted or as amended.
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(7) Reference to the Washington Administrative Code (WAC) in this chapter is to the
provision of the WAC as adopted or as amended.
8.72.020 Definitions.
In construing 1provisions of this chapter,unless otherwise plainly declared or clearly apparent from
the context, words used in this chapter shall be given their common and ordinary meaning and in
addition, these definitions shall apply:
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(1) "Co ty fire marshal" means the fire marshal for Jefferson County designated in JCC
2.40.010.2
(2) "Declaration of high fire hazard" means a declaration by the county fire marshal or their
designee, or a local fire official or their designee, that a high fire hazard exists within their region
of responsibility.'
(3) "Fire hazard" means the accumulation of combustible materials in such a condition as to
be readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest
areas, life and property.4
(4) "Fire danger risk rating system" means system in JCC 8.72.040, which the county fire
marshal or the local fire official uses to match atmospheric conditions or local circumstances in a
region of responsibility to the appropriate limitations for those atmospheric conditions or local
circumstances.
(5) "Fireworks"has the same meaning as in RCW 70.77.126.'
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(6) "Highifire hazard"means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intensely and are difficult to control unless
they are successfully attacked when the fires are small. It is during this period that wildland fires
can be expected, and fire growth will be accelerated.6
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(7) "Industrial Fire Precaution Levels" or "IFPLs" means the system developed by the
Washington State Department of Natural Resources (WDNR) and published in WAC 332-24-
301(3)(a).
(8) "Inte I ational Fire Code" or "IFC" means the International,Fire Code adopted in JCC
15.05.030(3),jas adopted and modified in Chapter 51-54 WAC.
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(9) "Local fire official"means a fire chief of a fire district wholly or partially within Jefferson
County or their designee.7
(10) "ORCAA"means the Olympic Regional Clean Air Authority.
(11) "Outdoor burning"has the same definition as in WAC 173-425-030(16).8
z Same definition as in JCC 8.75.020.
s Same definition as in JCC 8.75.020(4).
a Same definition as in JCC 8.75.020(6).
5 Same definition as in JCC 8.75.020(7).
6 Same definition as in JCC 8.75.020(9).
7 Same definition as in JCC 8.75.0200 0).
8"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 70A.15.5 1 000). WAC 173-425-03006)."Agricultural burning: Means the burning of vegetative debris from
an agricultural operation necessary for disease or pest control, necessary for crop propagation or crop rotation, or
where identified as a best management practice by the agricultural burning practices and research task force
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(12) "Recreational fire"has the same meaning as in IFC Chapter 2-Definitions.
(13) "Region of responsibility" means the fire district wholly or partially within Jefferson
County for a local fire official, or the county as a whole for the county fire marshal.9
(14) "Solid waste"has the same meaning as in JCC 8.10.100.
(15) "WDNR"means the Washington State Department of Natural Resources.
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(16) "Wildland fire"means any non-structure fire that occurs in vegetation or natural fuels and
includes fires! originating from an unplanned ignition and unauthorized and accidental human
caused fires.
(17) "Wildfire risk areas"has the same meaning as in IFC Chapter'2-Definitions.10
8.72.030 Regulation of Outdoor burning,Bonfires and Recreational Fires in Unincorporated
Jefferson County.
(1) Outdoor burning. Bonfires, and Recreational Fires—Attendance Required at All Times.
Under IFC Section 307.7, all outdoor burning, bonfires, and recreational fires shall be constantly
attended until the fire is extinguished.
(2) Limits on Recreational Fires. Consistent with WAC 51-54A-0307, recreational fires shall
not be conducted within 25 feet of a structure or combustible material.
(3) No Outdoor Burning of Solid Waste, including Garbage or Rubbish. Consistent with JCC
8.10.025(3)(f), any outdoor burning of solid waste, including garbage or rubbish is prohibited.
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(4) No Outdoor burning_that Alters Existing Wetland Conditions. Consistent with JCC
18.22.720(1)(g), any intentional outdoor burning that alters existing wetland conditions is
prohibited.
(5) No Use of Devices Liable to Start or Cause a Fire in or on Wildfire Risk Areas. Consistent
with IFC Section 308.1.6,torches and other devices,machines or processes liable to start or cause
a fire shall not be operated or used in or on wildfire risk areas.
(6) Outdoor Burning Prohibited According to the Fire Danger Risk Rating System.
established in kCW 70.94.6528(6) or other authoritative source on agricultural practices. Propane flaming for the
purpose of vegetative debris removal is considered commercial agricultural burning." WAC 173-430-030(1).
"Silvicultural burning: Means burning on any land the department of natural resources protects per RCW
70.94.030(13),70.94.6534,70.94.6540,and under chapter 76.04 RCW." WAC 173-425-030(13).
9 Same definition as in JCC 8.75.020(12).
10 The IFC Chapter 2-Definitions say: "WILDFIRE RISK AREA. Land that is covered with grass,grain,brush or
forest,whether privately or publicly owned,which is so situated or of such inaccessible location that a fire origination
upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through
fire or such areas designated by the fire code official."
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(a) Violations of Restrictions in Fire Danger Risk Rating System. Any violation of the
restrictions designated the fire danger risk rating system is prohibited and shall be
subject to enforcement under this chapter.
(b) Publication of Limitations on Outdoor Burning by Collply Fire Marshal and Local Fire
Officials. The county fire marshal and each local fire official shall match the current
atmospheric conditions or local circumstances to the appropriate limitations for those
atmospheric conditions or local circumstances from the fire danger risk rating system,
and shall publish on their website or otherwise provide to the public the current level
of fire danger from the fire danger risk rating system. From July 1 to September 30 of
each year, publication of current fire conditions shall be daily; otherwise, publication
of the current fire conditions shall be whenever there is a change in fire conditions,but
not less frequently than once per month.
(7) Authority of County Fire Marshal and Local Fire Officials to Order Extinguishment of
Hazardous Outdoor Burning. Consistent with IFC_Section 307.3, where outdoor burning creates
or adds a hazardous situation, the county fire marshal or a local fire official may order the
extinguishment of the outdoor burning operation.
(8) Outdoor Burning in Violation of RCW 70A.15.5010(1) Enforceable Under this Chapter.
Consistent with RCW 70A.15.5010(1), causing or allowing any outdoor fire containing garbage,
dead animals,asphalt,petroleum products,paints,rubber products,plastics,or any substance other
than natural vegetation that normally emits dense smoke or obnoxious odors is prohibited and may
be enforced as a violation of this chapter.
(9) Outdoor Burning During Closures by ORCAA Enforceable Under this Chapter. Outdoor
burning is prohibited during periods of closure as defined by ORCAA due to air quality
degradation and may be enforced as a violation of this chapter.
(10) Violations of Industrial Fire Precaution Levels Enforceable Under this Chapter. Violations
of Industrial Fire Precaution Levels may be enforced as a violation of this chapter.
8.72.040 Fire Danger risk level burn restrictions.
(1) Designation Authority. The fire marshal after consultation with local fire officials shall
have the authority to designate the fire danger risk level in the fire danger risk rating system with
corresponding restrictions. All burn restrictions shall remain in effect until withdrawn, escalated
or otherwise modified. Following any change in fire danger risk level designation,the fire marshal
shall report the change to the Jefferson County Board of Commissioners at the next regularly
scheduled meeting.
(2) Enforcement. Burn restrictions shall be enforced by the Jefferson County sheriff as
conditions warrant,throughout those unincorporated areas of Jefferson County.
(3) State and Federal Campgrounds. State and federal campgrounds located within the Jefferson
County fire districts' region of responsibility are outside the scope and jurisdiction of these
regulations, but are encouraged to follow these regulations.
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(4) Fire Dan er Risk Level Designation.
Burn restrictions shall be imposed according to the following progressive fire danger risk level
designation:
(a) Stage 1 Low fire hazard level burn restrictions categorized as green in color;
(b) St'age 2 Moderate fire hazard level burn restrictions categorized as blue in color;
(c) Stage 3 High hazard level burn restrictions categorized as yellow in color;
(d) Stage 4 Very-high hazard level burn restrictions categorized as orange in color; and,
(e) Stage 5 Extreme hazard level burn restrictions categorized as red in color.
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(5) Fire Danger Risk Levels.
(a) Annual Moderate Risk Stage. Historical data demonstrates that between July 1 and
September 30 of each year, least stage 2 moderate level risk will exist. Accordingly, at a
minimum, stage 2 restrictions shall apply between July 1 and September 30 of each year,
unless modified at the discretion of the fire marshal in consultation with the local fire
officials, depending on the current atmospheric and field conditions.
(b) Stages Based on Measured Changes in Atmospheric Conditions or Local
Circumstances. Burn restrictions imposed with each stage are progressive and shall include
any and all lower stage restrictions, unless modified at the discretion of the fire marshal in
consultation with the local fire officials.11 The restrictions for each stage are:
(i) Stage 1 low fire hazard:
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(i) All burning allowed in compliance with existing State and federal
law.
(ii) ORCCA guidance to be observed.
(ii) Stage 2 moderate fire hazard:
(A) Outdoor burning restricted. No person shall build, ignite, or
maintain any outdoor fire of any kind or character, or for any
purpose whatsoever, except:
(I) Outdoor burning is allowed on private residential premises or
designated campsites where such fires are built, ignited, and
maintained in a permanent barbecue, portable barbecue, outdoor
fireplace, or grill; or, P
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"This section is almost word for word from Chelan County Code 7.52.030.
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(II) Portable fireplaces, pits, chimineas are approved where they are
placed on noncombustible material, or all combustible material is
removed to mineral soil with all combustible material one and one-
half feet around the portable fireplace, pit, chiminea removed.
Only natural wood materials shall be burned within the portable
fireplace,pit, chiminea, and the fuel shall not extend outside the
portable fireplace,pit, chiminea.
(B) Open flame devices restricted. No person shall operate or use any device
liable to start or cause fire in or upon any fire hazard area, except for those
j devices listed on the approved Open Flame Devices list maintained by the
fire marshal and listed on the fire marshal's website. Commercial operators
may obtain a permit from the fire marshal for certain devices not listed.
(c) Stage 3 high fire hazard:
(i) Use of charcoal briquettes is prohibited, except,for commercially made
listed and labeled barbeque devices located and used at a residence.
(ii) Target shooting outside of gun ranges, and use of exploding targets or
incendiary ammunition is prohibited. Hunting is allowed in open areas.
(iii) Following a declaration of high fire hazard, the manufacture, sale,
transportation, discharge, storage or use of fireworks is regulated under
Chapter 8.75 JCC.
(d) Stage 4 very high fire hazard:
(i) Outdoor burning and outdoor open flame devices are prohibited without a
permit, unless listed in subsection(ii) below, or approved in writing by the
fire marshal.
(ii) Permits are not required for use of the following:
(A) Commercially made listed and labeled propane or pellet fed
barbeque devices located and used at a residence; and,
(B) Stoves or fireplace fires completely contained within a residence.
(e) Stage 5 extreme fire hazard: Outdoor burning, discharge, and fire related activity
of any kind or type, including barbeque devices, are prohibited.
8.72.050 -Violations and penalties.
This chapter declares certain acts to be civil violations, establishes civil enforcement procedures
and penalties under RCW 36.32.120(7) and declares certain acts to be misdemeanors.
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(1) Misdemeanor. Any person, firm, corporation or association violating or failing to comply
with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars
($1,000.00)dollars or by imprisonment in the jail for a period not to exceed ninety (90)days or by
both such fine and jail.
(2) Civil Infraction.
(a) Any person who violates any provision of this chapter may be issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shall be
one thousand dollars ($1,000.00) and two thousand dollars ($2,000.00) for any subsequent
violation of this chapter. For each continuing violation, each day shall constitute a separate
infraction, subject to a daily penalty.
(b) A notice of infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(c) The Irifraction Rules for Courts of Limited Jurisdiction(IRLJ)-as they exist now or may be
amended, apply to the processing and adjudication of civil infractions under this chapter.
8.72.060—Enforcement.
(1)For outdoor burning,bonfires or recreational fires in violation of this chapter,public awareness
and voluntary compliance efforts should be used before enforcement under this chapter.
(2) The county sheriff or their designee has the discretion to enforce this chapter. This chapter
does not create a duty on the part of the county,the county sheriff,the.county fire marshal,or local
fire officials to enforce violations of this chapter. Decisions about whether and how to enforce
this chapter shall be made in conjunction with the county prosecuting attorney or their designee.
(3) The county sheriff or their designee may consult with the county fire marshal or a local fire
official in enforcement of this chapter. The county sheriff or their designee are authorized to:
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(a) Issue citations to or arrest without warrant persons violating this chapter;
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(b) Serve and execute all warrants, citations and other process issued by the courts;
(c) Send by certified mail any warrant, citation or other process to the last known place of
residence of the person alleged to have violated of this chapter,which shall be deemed as personal
service upon the person alleged to have violated this chapter.
(4) This chapter and permits or decisions issued under it may be enforced through Title 19 JCC,
Code Compliance.12 The county fire marshal is the"director"for purposes of JCC 19.10.01509).
The county fire marshal shall coordinate with the code compliance coordinator on decisions to
enforce this chapter under Title 19 JCC.
lz Amendments to Title 19 JCC and the Chapter 2.30(Hearing Examiner Code)are proposed in Appendix B.
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(5) The expenses of responding to and/or fighting any fires as a result of violations of this chapter
are a charge against the person whose violation of this chapter caused the fire. Expenses for
suppressing and damages caused by such fire shall constitute a debt of such person and are
collectable by Jefferson County in the same manner as the case of an obligation under contract,
express or implied.
(6)Enforcement through this chapter is not exclusive and additional enforcement mechanisms may
exist, which may include filing civil actions in courts of competent jurisdiction under other
applicable laws.
(7)The county prosecuting attorney may at any time bring such additional injunctive,declaratory,
criminal, or other actions as are necessary to enforce this chapter.
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(8)Nothing iri this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
8.72.070 Disclaimer of liability.
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Nothing in this chapter is intended to be nor shall be construed to create or support any liability by
the county, its officers, employees or agents, any fire district, or any local fire official, for any
injury or damage resulting from the failure of anyone to comply with this chapter, or by reason or
in consequence of the implementation or enforcement under this chapter, or for any action or
inaction by the county related to the enforcement of this chapter by its officers, employees or
agents.
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APPENDIX B
Miscellaneous Amendments to the Jefferson County Code
(Additions Are Underlined)
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Section 2.30.080 of the Jefferson County Code, last amended by Ordinance 12-1028-19 on
October 28, 2019, is amended to read.-
JCC 2.30.080, Examiner—Power and duties.
(1) The examiner shall have the power to appoint deputy examiners, subject to confirmation
by the board �of county commissioners. The deputy examiners shall assist the examiner in the
performance of the duties conferred upon the examiner and shall have all the powers and duties of
the examiner.
(2) The examiner shall receive and examine available relevant evidence, conduct hearings,
cause preparation of the official record,prepare and enter findings of fact and conclusions of law,
and issue final decisions for:
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(a) Land Use Hearings.
(i) ' Type III land use decisions pursuant to Chapter 18.40 JCC;
(ii); Appeals of Type II land use decisions pursuant to Chapter 18.40 JCC;
(i) Appeals of administrative interpretations made pursuant to Article VI of
Chapter 18.40 JCC;
(ii) Appeal of a SEPA threshold determination made pursuant to Article X of
Chapter 18.40 JCC, except for determinations of significance;
(iii) Hearings to suspend,revoke,or modify an issued examiner's decision,approval,
or permit for land use matters under JCC 18.40.325; and,
(vi) Any other land use hearing not prohibited by law assigned by the board of
county commissioners through an ordinance.
(b) Non-Land-Use Hearings.
(i) Operating permits for a new commercial shooting, facility under Article III of
Chapter 8.50 JCC (Commercial Shooting Facilities);
(ii) Appeal of an administrative decision regarding operating permits for existing
commercial shooting facilities under Article III of Chapter 8.50 JCC
(Commercial Shooting Facilities);
(iii) Administrative appeals under Chapter 19.40 JCC (Hearing Examiner Appeals
for Nuisances);
(iv) Hearings for vehicle nuisances under Chapter 19.25 JCC (Vehicle and Public
Right-of-Way Nuisances);
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(v) Appeal of an administrative decision regarding sexually oriented business
licenses under Chapter 5.10 JCC(Licensing and Operation of Sexually Oriented
Business Facilities);
(vi) Appeals assigned to the hearing examiner under Chanter 8.72 JCC;
(vii) Appeals assigned to the hearing examiner under Chapter 8.75 JCC;
(vii�) Hearings to suspend,revoke,or modify an issued examiner's decision,approval,
or permit for non-land-use matters under JCC 2.30.140; and,
(viii) Any other non-land-use proceeding not prohibited by law assigned by the board
of county commissioners through an ordinance.
(3) The examiner shall receive and examine available relevant information, including
environmental documents, conduct hearings, cause preparation of the official record, prepare and
enter findings of fact and conclusions of law, and issue recommendations to the board of county
commissioners for road vacations under Chapter 12.10 JCC (non-land-use hearing).
(4) Subpoena Authority. The examiner shall have the authority to issue subpoenas compelling
the appearance of witnesses, the production of documents or other physical evidence, and the
inspection of physical evidence.
Section 19.10.010 of the Jefferson County Code, last amended by Ordinance 09-1210-20 on
December 22,!2020, is amended to read.
JCC 19.10.010 Applicability.
This Title shall apply to enforcement actions under the following statutes, regulations, ordinances,
or health officer directive, or health officer order(s) as they now exist, or as they may hereafter be
amended:
(1) Title 8 JCC, and any statute, regulation, or ordinance listed in JCC 8.01.030, except:
(a) Suspension or revocation for any permit, license, or certificate listed in JCC
8.01.030;
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(b) Stop work orders for any permit listed in JCC 8.01.030; and,
(c) Notice to vacate issued under JCC 8.10.950.
2 JCC Title 12 Chapter 12.05 JCC Approaches to County Roads.
( ) —� p � pp t3'
(3) JCC Chapters 13.01- 13.10, PHUGA Sewer Utility Code.
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(4) JCC Title 15, Chapter 15.05 JCC, Building Codes.
(5) JCC Title 15, Chapter 15.15 JCC, Flood Damage Prevention.
15
(6) JCC Title .7, Master Planned Resorts—All Chapters.
(7) Title 18 JCC, Unified Development Code—All Chapters.
(8) Any other statutes, regulations, ordinances, health officer directive, or health officer order(s)
defined as a civil code violation pursuant to JCC 19.10.015(14).
I
16
BURN REGULATION ORDINANCE
PUBLIC HEARING
HELD WITH JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS
JuNE 17, 2024
PRESENTED BY:
PHIL CECERE -JEFFERSON COUNTY FIRE MARSHAL-BUILDING OFFICIAL
BRIAN TRACER- JEFFERSON COUNTY DEPUTY FIRE MARSHAL
THE PURPOSE OF THIS REGULATION OF OPEN BURNING, BONFIRES AND
RECREATIONAL FIRES IS TO PROTECT PEOPLE AND PROPERTY, ESPECIALLY WHEN
WILDFIRE DANGER IS HIGH. IMPLEMENTING A FIRE DANGER RATING SYSTEM THAT IS
WIDELY RECOGNIZED PROMOTES TRANSPARENCY SO THAT REGULATIONS THAT ARE
EASILY UNDERSTOOD AND CONSISTENTLY APPLIED ACROSS JEFFERSON COUNTY.
THE BOCC HAS HELD TWO SUBJECT WORKSHOPS APRIL 1 AND MAY 6 2024
A HEARING NOTICE HAS BEEN PUBLISHED TWICE JUNE 5 & JUNE 12 2024
THIS DRAFT ORDINANCE IS RESULT OF AN ONGOING EFFORT SINCE AT LEAST 2022 TO
ADVANCE AND FORMALIZE BURN REGULATIONS AND RESTRICTIONS
THE DRAFTING OF THIS ORDINANCE HAS BENEFITTED FROM COLLABORATION WITH:
JEFFERSON COUNTY FIRE CHIEF'S ASSOCIATION
JEFFERSON COUNTY SHERIFF'S OFFICE
JEFFERSON COUNTY PROSECUTING ATTORNEYS OFFICE
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS
Significant Wildland Fire Potential Outlook Significant Wildland Fire Potential Outlook
f June 2024 July 2024
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BURNING RESTRICTIONS PROTECT CITIZENS AND Rxl;a ,ate,
PROPERTY WHEN WILDFIRE RISK IS HIGH. THESE "
EFFORTS CONSERVE FIRES EQUIPMENT AND
RESOURCES AND PROTECT OUR MOST VULNERABLE
POPULATION WHEN AIR QUALITY HAS DEGRADED ' x
<- Imminent extreme alerts
Today
,P- Level 3 "GO NOW") Evacuation
Notice A wildfire is threatening
.. .r 4.
• safety; • are within theevacuation zone of-residents i
,f
I of Terrace Heights up to Buds
r
Place Road.Yakima, 1 !; _ - --f
ORCAA
your family and pets in your
vehicles and leave now!See
1 !
OLYMPIC REGION MAN AIR AGENCY https://www.facebook.com
Tf
/YakimaCounjyOEM for
evacuation boundary.
Photos courtesy Chelsea Pronovost
DRAFT ORDINANCE KEY POINTS
• NO CHANGE TO FIREWORKS LANGUAGE OR JCC 8.75 NO REQUIREMENT TO DELAY IMPLEMENTATION
OF THIS ORDINANCE - PATHWAY FOR PUBLIC DISPLAY IS UNAFFECTED
• ESTABLISHES NEW JCC CHAPTER 8.72 REGULATIONS FOR OUTDOOR BURNING, BONFIRES AND
RECREATIONAL FIRES IN UNINCORPORATED JEFFERSON COUNTY
• ESTABLISHES NEW GRADUATED FIRE DANGER RISK LEVELS AND CORRESPONDING RESTRICTIONS
• RECURRING ANNUAL MODERATE RESTRICTION JULY 1 - SEPTEMBER 30
• ENABLING AUTHORITY OF THE FIRE MARSHAL TO SET OR ALTER DANGER LEVELS AND RESTRICTIONS WITH
CONSULTATION WITH FIRE CHIEFS ASSOCIATION AND BOCC NOTIFICATION
• ENHANCED DEFINITIONS TO AID IN PUBLIC EDUCATION AND TRANSPARENCY
• ESTABLISHES AN ENFORCEMENT AND PENALTIES SECTION TO AID IN VIOLATION MITIGATION WITH A
EMPHASIS ON EDUCATION AND AWARENESS
• PROVIDES A PUBLICATION REQUIREMENT TO ESTABLISH CURRENT DANGER AND RESTRICTION LEVELS
• ESTABLISHES AN APPEAL PROCESS THROUGH THE HEARING EXAMINER
1
angers
Today
ONLY Y'0wok
��
THE NATIONAL FIRE DANGER RATING SYSTEM (NFDRS) IS A GRADUATED COLOR
CODED SYSTEM THAT ALLOWS FIRE MANAGERS TO ESTIMATE TODAY'S OR
TOMORROWS FIRE DANGER FOR A GIVEN AREA.
ADOPTION OF THIS TYPE OF "SMOKEY BEAR" GRAPHIC MODEL TYPE IS WIDELY
RECOGNIZED AND EASILY UNDERSTOOD
♦ Office of the Fire Marshal
• ♦ ♦ ♦ • ♦ • ♦ 0
The Jefferson County Office of the Fire lvlarshal is the authority having jurisdiction pertaining to fire codes and fire
♦ . safety within the county.The county is divided into five fire districts for EONS and Fire fighting services.The fire
Chiefs and the Fire Marshal vrork together to inform and protect the public.
-- News- -
. . • The Draft County Wildfire Protection Plan is available for public comments here:Jefferson County CWPP arcgis-com
Please find the Press Release and Social Media announcements here: r3 04-Outreach
,t-ON ci, COUNTYWIDE HIGH
riw G4.
BURN MODERATE VERY HIGH
RESTRICTIONS IN
EFFECT
O O FOR CURRENT FIRE DANGER LOW EXTREME
• LEVELS AND RESTRICTIONS
Visit us
https://co.jefferson.wa.us/1 687
or
Contact your local fire district "
Fire Danger. Low
- -- - - ----
Questions
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I
STATE OF WASHINGTON
County of Jefferson
In the Matter of Repealing and Replacing
Resolution I No. 42-05 and Establishing
Updated Regulations for Outdoor Burning, ORDINANCE NO.
Bonfires hand Recreational Fires in
Unincorporated Jefferson County
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,
I
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, RCW 36.32.120(10)provides that county legislative bodies have the power
to declare a nuisance within the county; to abate a nuisance at the expense of the parties creating,
causing, or committing the nuisance; and to levy a special assessment on the land or premises on
which the nuisance is situated to defray the cost, or to reimburse the county for the cost of abating
it; and, j
WHEREAS, RCW 70A.15.5020 states it is the policy of the State of Washington to
reduce outdoor burning to the greatest extent practical; and,
WHEREAS, RCW 70A.15.5010(1) prohibits causing or allowing any outdoor fire
containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics,
or any substance other than natural vegetation that normally emits 'dense smoke or obnoxious
odors; and,
WHEREAS, under JCC 15.05.030(3), Jefferson County adopted the International Fire
Code (IFC), as adopted and modified in Chapter 51-54A WAC; and,
WHEREAS, Chapter 51-54A WAC adopts and modifies the 2021 version of IFC; and,
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Draft of 6/141202412:24 PM
WH REAS, IFC Section 307.1.1 (2021) states, "Open burning shall be prohibited when
atmospheric conditions or local circumstances make such fires hazardous;" and,
WHEREAS, IFC Section 307.3 (2021) states, "Where open burning creates or adds a
hazardous situation, or a required permit for open burning has not been obtained, the fire code
official is authorized to order the extinguishment of the open burning'operation;"and,
WHEREAS, the Jefferson County Board of Commissioners (Board) wishes to promote
the health, safety and welfare of its citizens under the statutory purposes of the Washington Clean
Air Act, Chapter 70A.15 RCW and its implementing regulations in Chapter 173-425 WAC; and,
WHEREAS, the fire protection authority in Jefferson County has the authority vested
under the Washington Clean Air Act regulations in WAC 173-425-050(3)a)(iii) to declare a fire
danger burn ban in unincorporated Jefferson County; and,
WHEREAS, limiting outdoor burning protects people when the air is unhealthy; and,
t
WHEREAS, limiting outdoor burning protects people and property when wildfire danger
is high; and, j
WHEREAS, fire precaution and safeguards against hazards to life safety and property
from the dangerous conditions associated with wildfire; protect citizens, firefighters, emergency
responders and private property; and,
WHEREAS, on June 28, 2005 Jefferson County adopted Resolution No. 42-05, a
regulatory program to regulate outdoor burning; and,
WHEREAS,the Board has determined Resolution No.42-05,,should be updated;and,
WHEREAS, the Board has determined that more local control should exist in
determining when atmospheric conditions or local circumstances make outdoor burning a
hazardous fire danger in unincorporated Jefferson County; and,
WHEREAS, the Jefferson County Fire Marshal, in consultation with local fire
officials, has developed a fire danger risk rating system based on the National Fire Danger
Rating System developed by the United States Fish & Wildlife Service' and other
scientifically based fire management tools; and,
i
WHEREAS, JCC 15.10 is an antiquated clause with no relevance to current public
safety concerns and should be repealed without replacement and,.
WHEREAS,the local fire officials in Jefferson County agree that Resolution No. 42-
05, should be updated and concur with the Board adopting this ordinance; and,
See httt)s:Hgac,,.nifc.gov/rmce/predictive/nfdrs gaining understandingpdf.
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Draft of 6/14/202412:24 PM
WHEREAS, the Jefferson County Fire Marshal agrees that Resolution No. 42-05,
should be updated and concurs with the Board adopting this ordinance; and,
BE IT ORDAINED BY THE BOARD OF COUNTY: COMMISSIONERS OF
JEFFERSON COUNTY, STATE OF WASHINGTON as follows:'
Section 1. Whereas Clauses are Findings of Fact. The Board adopts the above recitals (the
"WHEREAS' statements) as its findings of fact supporting this ordinance.
Section 2. Repealing and Replacing Resolution No. 42-05. The Board repeals and replaces
Resolution No. 42-05 with new Chapter 8.72 JCC, which is in Appendix A and which regulates
outdoor burning, bonfires and recreational fires in unincorporated Jefferson County.
Section 3. Adoption of Chapter 8.72 JCC. Chapter 8.72 JCC, which attached in Appendix A and
which regulates outdoor burning, bonfires and recreational fires in unincorporated Jefferson
County, is hereby adopted.
Section 4: Adoption of Miscellaneous Amendments. The miscellaneous amendments to the
Jefferson County Code, which are in Appendix B, are hereby adopted.
Section 5. Se I erability. The provisions of this ordinance are declared separate and severable. If
any provision''l�of this ordinance or its application to any person or circumstances is held invalid,
then the rem iainder of this ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 7. Effective Date. This ordinance shall take effect and be in full force and effect
immediately on adoption by the Board.
(SIGNATURES FOLLOW ON NEXT PAGE)
3
Draft of 6/14/2024 12:24 PM
ADOPTED this day of 2024.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Kate Dean, Chair
Greg Brotherton Member
ATTEST:
Heidi Eisenhour Member
APPROVED AS TO FORM:
I
Carolyn Gallaway, Date Philip C. Hunsucker, Date
DeptAy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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Draft of 6/14/202412:24 PM
APPENDIX A—NEW CHAPTER 8.72 JCC
Title 8 -HEALTH AND SAFETY
Chapter 8.72 — REGULATIONS FOR OUTDOOR BURNING, BONFIRES AND
RECREATIONAL FIRES IN UNINCORPORATED JEFFERSON COUNTY
Sections:
8.72.010 Purpose and Construction.
(1) The purpose of this regulation of open burning, bonfires and,recreational fires is protect
people and property, especially when wildfire danger is high. Implementing a fire danger rating
system that is widely recognized promotes transparency so that regulations that are easily
understood and consistently applied across Jefferson County.
(2) It is expressly the purpose of this chapter to provide for and promote the health, safety and
welfare of thei general public, and not to create or otherwise establish or designate any particular
class or group of persons who will or should be specially protected or benefited by the terms of
this chapter.
(3) This chapter supplements International Fire Code Section 3.07, adopted in JCC
15.05.030(6),1and shall be construed in connection with that law and with Chapter 51-54 WAC,
which modifies the IFC for application in the State of Washington.
(4) This chapter shall be liberally construed to carry out its broad purposes, allowing the local
fire official to determine permissible consumer fireworks within their region of responsibility
within Jefferson County.
(5) Reference to the Jefferson County Code(JCC)in this chapter is to the provision of the JCC
as adopted or as amended.
(6) Reference to the Revised Code of Washington(RCW) in this chapter is to the provision of
the RCW as adopted or as amended.
(7) Reference to the Washington Administrative Code (WAC) in this chapter is to the
provision of the WAC as adopted or as amended.
8.72.020 Definitions.
In construing provisions of this chapter,unless otherwise plainly declared or clearly apparent from
the context, words used in this chapter shall be given their common and ordinary meaning and in
addition,these definitions shall apply:
5
Draft of 6/14/202412:24 PM
(1) "County fire marshal" means the fire marshal for Jefferson County designated in JCC .
2.40.010.2
(2) "Declaration of high fire hazard" means a declaration by the county fire marshal or their
designee, or a�local fire official or their designee, that a high fire hazard exists within their region
of responsibility.3
1
(3) "Fire hazard" means the accumulation of combustible materials in such a condition as to
be readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest
areas, life andi property.4
(4) "Fire danger risk rating system" means system in JCC 8.72.040, which the county fire
marshal or the local fire official uses to match atmospheric conditions or local circumstances in a
region of responsibility to the appropriate limitations for those atmospheric conditions or local
circumstances.
(5) "Fireworks"has the same meaning as in RCW 70.77.126.5
(6) "High fire hazard"means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intensely and are difficult to control unless
they are successfully attacked when the fires are small. It is during this period that wildland fires
can be expected, and fire growth will be accelerated.6
(7) "Indus trial Fire Precaution Levels" or "IFPLs" means the! system developed by the
Washington State Department of Natural Resources (WDNR) and published in WAC 332-24-
301 3 a .
(8) "International Fire Code" or "IFC" means the International Fire Code adopted in JCC
15.05.030(3),jas adopted and modified in Chapter 51-54 WAC.
(9) "Local fire official"means a fire chief of a fire district wholly or partially within Jefferson
County or their designee.
(10) "ORCAA"means the Olympic Regional Clean Air Authority.
(11) "Outdoor burning"has the same definition as in WAC 173-42�5-030(16).'
z Same definition as in JCC 8.75.020.
3 Same definition as in JCC 8.75.020(4).
a Same definition' as in JCC 8.75.020(6).
s Same definition as in JCC 8.75.020(7).
6 Same definition as in JCC 8.75.020(9).
7 Same definition as in JCC 8.75.0200 0).
s"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 70A.15.5000). WAC 173-425-03006)."Agricultural burning: Means the burning of vegetative debris from
an agricultural operation necessary for disease or pest control, necessary for crop propagation or crop rotation, or
where identified as a best management practice by the agricultural burning practices and research task force
6
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(12) "Recreational fire" has the same meaning as in IFC Chapter 2-Definitions.
(13) "Region of responsibility" means the fire district wholly or partially within Jefferson
County for a local fire official, or the county as a whole for the county fire marshal.9
(14) "Solid waste"has the same meaning as in JCC 8.10.100.
(15) "WDNR"means the Washington State Department of Natural Resources.
(16) "Wildland fire"means any non-structure fire that occurs in vegetation or natural fuels and
includes fires originating from an unplanned ignition and unauthorized and accidental human
caused fires.
(17) "Wildifire risk areas"has the same meaning as in IFC Chapter 2-Definitions.10
8.72.030 Regulation of Outdoor burning,Bonfires and Recreational Fires in Unincorporated
Jefferson County.
(1) Outdoor burning. Bonfires, and Recreational Fires—Attendance Required at All Times.
Under IFC Section 307.7, all outdoor burning, bonfires, and recreational fires shall be constantly
attended until the fire is extinguished.
(2) Limits on Recreational Fires. Consistent with WAC 51-54A-0307, recreational fires shall
not be conducted within 25 feet of a structure or combustible material.
(3) No Outdoor Burning of Solid Waste, including Garbage or Rubbish. Consistent with JCC
8.10.025(3)(f), any outdoor burning of solid waste, including garbage or rubbish is prohibited.
(4) No Outdoor burning that Alters Existing Wetland Conditions. Consistent with JCC
18.22.720(1)(g), any intentional outdoor burning that alters existing wetland conditions is
prohibited.
(5) No Use of Devices Liable to Start or Cause a Fire in or on Wildfire Risk Areas. Consistent
with IFC Section 308.1.6, torches and other devices, machines or processes liable to start or cause
a fire shall not be operated or used in or on wildfire risk areas.
(6) Outdoor Burning Prohibited According to the Fire Danger Risk Rating System.
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established in RCW 70.94.6528(6) or other authoritative source on agricultural practices. Propane flaming for the
purpose of vegetative debris removal is considered commercial agricultural burning." WAC 173-430-030(1).
"Silvicultural burning: Means burning on any land the department of natural resources protects per RCW
70.94.030(13),70.94.6534,70.94.6540,and under chapter 76.04 RCW." WAC 173-425-030(13).
9 Same definition as in JCC 8.75.020(12).
10 The IFC Chapter 2-Definitions say: "WILDFIRE RISK AREA. Land that is covered with grass,grain,brush or
forest,whether privately or publicly owned,which is so situated or of such inaccessible location that a fire origination
upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through
fire or such areas designated by the fire code official."
7
Draft of 6/14/202412:24 PM
(a) Violations of Restrictions in Fire Danger Risk Rating System. Any violation of the
restrictions designated the fire danger risk rating system is prohibited and shall be
subject to enforcement under this chapter.
(b) Publication of Limitations on Outdoor Burning by County Fire Marshal and Local Fire
Officials. The county fire marshal and each local fire official shall match the current
atmospheric conditions or local circumstances to the appropriate limitations for those
atmospheric conditions or local circumstances from the fire danger risk rating system,
and shall publish on their website or otherwise provide to the public the current level
of fire danger from the fire danger risk rating system. From July 1 to September 30 of
each year, publication of current fire conditions shall be daily; otherwise, publication
of the current fire conditions shall be whenever there is a change in fire conditions, but
no less frequently than once per month.
(7) Authority of County Fire Marshal and Local Fire Officials to Order Extinguishment of
Hazardous Outdoor Burning. Consistent with IFC Section 307.3, where outdoor burning creates
or adds a hazardous situation, the county fire marshal or a local fire official may. order the
extinguishment of the outdoor burning operation.
(8) Outdoor Burning in Violation of RCW 70A.15.5010(1) Enforceable Under this Chapter.
Consistent with RCW 70A.15.5010(1), causing or allowing any outdoor fire containing garbage,
dead animals,lasphalt,petroleum products,paints,rubber products,plastics, or any substance other
than natural vegetation that normally emits dense smoke or obnoxious odors is prohibited and may
be enforced as a violation of this chapter.
(9) Outdoor Burning During Closures by ORCAA Enforceable Under this Chapter. Outdoor
burning is prohibited during periods of closure as defined by ORCAA due to air quality
degradation and may be enforced as a violation of this chapter.
I
(10) Violations of Industrial Fire Precaution Levels Enforceable Under this Chapter. Violations
of Industrial Fire Precaution Levels may be enforced as a violation of this chapter.
8.72.040 Fire Danger risk level burn restrictions.
(1) Designation Authority. The fire marshal after consultation with local fire officials shall
have the authority to designate the fire danger risk level in the fire danger risk rating system with
corresponding restrictions. All burn restrictions shall remain in effect until withdrawn, escalated
or otherwise modified. Following any change in fire danger risk level designation,the fire marshal
shall report the change to the Jefferson County Board of Commissioners at the next regularly
scheduled meeting.
(2) Enforcement. Burn restrictions shall be enforced by the Jefferson County sheriff as
conditions warrant, throughout those unincorporated areas of Jefferson County.
(3) State and Federal Campgrounds. State and federal campgrounds located within the Jefferson
County fire districts' region of responsibility are outside the scope and jurisdiction of these
regulations, but are encouraged to follow these regulations.
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Draft of 6,14,2024 12:24 PM
(4) Fire Danger Risk Level Designation.
Burn restrictions shall be imposed according to the following progressive fire danger risk level
designation:
(a) Stage 1 Low fire hazard level burn restrictions categorized as green in color;
(b) Stage 2 Moderate fire hazard level burn restrictions categorized as blue in color;
(c) Stage 3 High hazard level burn restrictions categorized as yellow in color;
(d) Stage 4 Very-high hazard level burn restrictions categorized as orange in color; and,
(e) Stage 5 Extreme hazard level burn restrictions categorized as red in color.
(5) Fire Danger Risk Levels.
(a) Annual Moderate Risk Stage. Historical data demonstrates that between July 1 and
September 30 of each year, least stage 2 moderate level risk will exist. Accordingly, at a
minimum, stage 2 restrictions shall apply between July 1 and September 30 of each year,
unless modified at the discretion of the fire marshal in consultation with the local fire
officials, depending on the current atmospheric and field conditions.
(b) Stages Based on Measured Changes in Atmospheric Conditions or Local
Circumstances. Burn restrictions imposed with each stage are progressive and shall include
any and all lower stage restrictions, unless modified at the discretion of the fire marshal in
consultation with the local fire officials.11 The restrictions for each stage are:
(i) Stage 1 low fire hazard:
(i) All burning allowed in compliance with existing State and federal
law.
(ii) ORCCA guidance to be observed.
(ii) Stage 2 moderate fire hazard:
(A) Outdoor burning restricted. No person shall build, ignite, or
maintain any outdoor fire of any kind or character, or for any
purpose whatsoever, except:
(I) Outdoor burning is allowed on private residential premises or
designated campsites where such fires are built, ignited, and
maintained in a permanent barbecue,portable barbecue, outdoor
fireplace, or grill; or,
"This section is almost word for word from Chelan County Code 7.52.030.
9
Draft of 6/14/202412:24 PM
(II) Portable fireplaces,pits, chimineas are approved where they are
placed on noncombustible material, or all combustible material is
removed to mineral soil with all combustible material one and one-
half feet around the portable fireplace, pit, chiminea removed.
Only natural wood materials shall be burned within the portable
fireplace, pit, chiminea, and the fuel shall not extend outside the
portable fireplace,pit, chiminea.
(B) Open flame devices restricted. No person shall operate or use any device
liable to start or cause fire in or upon any fire hazard area, except for those
devices listed on the approved Open Flame Devices list maintained by the
fire marshal and listed on the fire marshal's website. Commercial operators
may obtain a permit from the fire marshal for certain devices not listed.
(c) Stage 3 high fire hazard:
(i) Use of charcoal briquettes is prohibited, except for commercially made
listed and labeled barbeque devices located and used at a residence.
(ii) Target shooting outside of gun ranges, and use of exploding targets or
incendiary ammunition is prohibited. Hunting is allowed in open areas.
(iii) Following a declaration of high fire hazard,the manufacture, sale,
transportation, discharge, storage or use of fireworks is regulated under
Chapter 8.75 JCC.
i
(d) Stage 4 very high fire hazard:
(i) Outdoor burning and outdoor open flame devices are prohibited without a
permit, unless listed in subsection (ii) below, or approved in writing by the
fire marshal.
(ii) Permits are not required for use of the following:
(A) Commercially made listed and labeled propane or pellet fed
barbeque devices located and used at a residence; and,
(B) Stoves or fireplace fires completely contained within a residence.
(e) Stage 5 extreme fire hazard: Outdoor burning, discharge, and fire related activity
of any kind or type, including barbeque devices, are prohibited.
8.72.050 - Violations and penalties.
This chapter declares certain acts to be civil violations, establishes civil enforcement procedures
and penalties under RCW 36.32.120(7) and declares certain acts to be misdemeanors.
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(1) Misdemeanor. Any person, firm, corporation or association violating or failing to comply
with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars
($1,000.00)dollars or by imprisonment in the jail for a period not to exceed ninety(90) days or by
both such fine and jail.
(2) Civil Infraction.
(a) Any person who violates any provision of this chapter may be issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shall be
one thousand dollars ($1,000.000) and two thousand dollars ($2,000.00) for any subsequent
violation of this chapter. For each continuing violation, each day shall constitute a separate
infraction, subject to a daily penalty.
(b) A notice of infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(c) The infraction Rules for Courts of Limited Jurisdiction(IRLJ) as they exist now or may be
amended, apply to the processing and adjudication of civil infractions under this chapter.
8.72.060—Enforcement.
(1)For outdoor burning,bonfires or recreational fires in violation of this chapter,public awareness
and voluntary, compliance efforts should be used before enforcement under this chapter.
(2) The county sheriff or their designee has the discretion to enforce this chapter. This chapter
does not create a duty on the part of the county,the county sheriff,the county fire marshal,or local
fire officials io enforce violations of this chapter. Decisions about whether and how to enforce
this chapter shall be made in conjunction with the county prosecuting attorney or their designee.
(3) The couniy sheriff or their designee may consult with the county fire marshal or a local fire
official in enforcement of this chapter. The county sheriff or their designee are authorized to:
(a) Issue citations to or arrest without warrant persons violating this chapter;
(b) Serve and execute all warrants, citations and other process issued by the courts;
(c) Send by certified mail any warrant, citation or other process to the last known place of
residence of the person alleged to have violated of this chapter,which`shall be deemed as personal
service upon the person alleged to have violated this chapter.
(4) This chapter and permits or decisions issued under it may be enforced through Title 19 JCC,
Code CompHance.12 The county fire marshal is the"director"for purposes of JCC 19.10.015(19).
The county fire marshal shall coordinate with the code compliance coordinator on decisions to
enforce this chapter under Title 19 JCC.
12 Amendments to Title 19 JCC and the Chapter 2.30(Hearing Examiner Code)are proposed in Appendix B.
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(5) The expenses of responding to and/or fighting any fires as a result of violations of this chapter
are a charge against the person whose violation of this chapter caused the fire. Expenses for
suppressing and damages caused by such fire shall constitute a debt of such person and are
collectable by Jefferson County in the same manner as the case of an obligation under contract,
express or implied.
(6)Enforcement through this chapter is not exclusive and additional enforcement mechanisms may
exist, which may include filing civil actions in courts. of competent jurisdiction under other
applicable laws.
(7)The county prosecuting attorney may at any time bring such additional injunctive, declaratory,
criminal, or other actions as are necessary to enforce this chapter.
(8)Nothing i i this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
8.72.070 Disclaimer of liability.
Nothing in this chapter is intended to be nor shall be construed to create or support any liability by
the county, its officers, employees or agents, any fire district, or any local fire official, for any
injury or damage resulting from the failure of anyone to comply with this chapter, or by reason or
in consequence of the implementation or enforcement under this chapter, or for any action or
inaction by the county related to the enforcement of this chapter by its officers, employees or
agents.
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APPENDIX B
Miscellaneous Amendments to the Jefferson County Code
(Additions Are Underlined)
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Section 2.30.080 of the Jefferson County Code, last amended by Ordinance 12-1028-19 on
October 28, 2019, is amended to read:
JCC 2.30.080i Examiner—Power and duties.
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(1) The examiner shall have the power to appoint deputy examiners, subject to confirmation
by the board of county commissioners. The deputy examiners shall assist the examiner in the
performance of the duties conferred upon the examiner and shall have all the powers and duties of
the examiner.
(2) The examiner shall receive and examine available relevant evidence, conduct hearings,
cause preparation of the official record,prepare and enter findings of fact and conclusions of law,
and issue final decisions for:
(a) Land Use Hearings.
(i) ; Type III land use decisions pursuant to Chapter 18.40 JCC;
(ii) Appeals of Type II land use decisions pursuant to Chapter 18.40 JCC;
(i) Appeals of administrative interpretations made pursuant to Article VI of
Chapter 18.40 JCC;
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(ii); Appeal of a SEPA threshold determination made pursuant to Article X of
Chapter 18.40 JCC, except for determinations of significance;
(iii) Hearings to suspend,revoke,or modify an issued examiner's decision,approval,
or permit for land use matters under JCC 18.40.325; and,
(vi) Any other land use hearing not prohibited by law assigned by the board of
county commissioners through an ordinance.
(b) Non-Land-Use Hearings.
(i) Operating permits for a new commercial shooting facility under Article III of
Chapter 8.50 JCC (Commercial Shooting Facilities);
(ii)' Appeal of an administrative decision regarding operating permits for existing
commercial shooting facilities under Article III of Chapter 8.50 JCC
(Commercial Shooting Facilities);
(iii) Administrative appeals under Chapter 19.40 JCC (Hearing Examiner Appeals
for Nuisances);
(iv) Hearings for vehicle nuisances under Chapter 19.25 JCC (Vehicle and Public
f Right-of-Way Nuisances);
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(v) Appeal of an administrative decision regarding sexually oriented business
licenses under Chapter 5.10 JCC(Licensing and Operation of Sexually Oriented
Business Facilities);
vie A eals assigned to the heariniz examiner under Chapter 8.72 JCC;
(vii)Appeals assigned to the hearing examiner under Chapter 8.75 JCC;
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(vii) Hearings to suspend,revoke,or modify an issued examiner's decision,approval,
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or permit for non-land-use matters under JCC 2.30.140; and,
(viii) Any other non-land-use proceeding not prohibited by law assigned by the board
of county commissioners through an ordinance.
(3) The examiner shall receive and examine available relevant' information, including
environmental documents, conduct hearings, cause preparation of the official record,prepare and
enter findings!of fact and conclusions of law, and issue recommendations to the board of county
commissioners for road vacations under Chapter 12.10 JCC (non-land-use hearing).
(4) Subpoena Authority. The examiner shall have the authority to issue subpoenas compelling
the appearance of witnesses, the production of documents or other physical evidence, and the
inspection of physical evidence.
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Section 19.10 010 of the Jefferson County Code, last amended by Ordinance 09-1210-20 on
December 22,j 020, is amended to read:
JCC 19.10.010 Applicability.
This Title shall apply to enforcement actions under the following statutes,regulations, ordinances,
or health officer directive, or health officer order(s) as they now exist, or as they may hereafter be
amended:
(1) Title 8;JCC, and any statute, regulation, or ordinance listed in JCC 8.01.030. except:
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(a) ' Suspension or revocation for any permit, license, or certificate listed in JCC
8.01.030;
(b) Stop work orders for any permit listed in JCC 8.01.030; and,
(c) Notice to vacate issued under JCC 8.10.950.
(2) JCC Title 12, Chapter 12.05 JCC, Approaches to County Roads.
(3) JCC Chapters 13.01- 13.10, PHUGA Sewer Utility Code.
(4) JCC Title 15, Chapter 15.05 JCC, Building Codes.
(5) JCC Title 15, Chapter 15.15 JCC, Flood Damage Prevention.
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(6) JCC Title 17, Master Planned Resorts—All Chapters.
(7) Title 18 JCC,Unified Development Code—All Chapters.
(8) Any other statutes, regulations, ordinances, health officer directive, or health officer order(s)
defined as a civil code violation pursuant to JCC 19.10.01504).
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