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                       ENGROSSED SUBSTITUTE SENATE BILL 6304

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State of Washington              52nd Legislature             1992 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Owen, Metcalf, Bauer and Craswell)

Read first time 02/07/92.Modifying the administration of the outdoor burning control program in rural areas.

     AN ACT Relating to the administration of the outdoor burning control program in rural areas; and amending RCW 70.94.750 and 70.94.780.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 70.94.750 and 1991 c 199 s 412 are each amended to read as follows:

     The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been issued by a fire protection agency, county, or conservation district:

     (1) Fires consisting of leaves, clippings, prunings and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.  This subsection shall not apply to fires in nonurbanized areas containing a total amount of combustible material four feet or less in diameter.  The agency or unit of local government issuing burning permits pursuant to RCW 70.94.780 may by ordinance, resolution, or regulation elect to exempt from the permit requirement those fires in nonurbanized areas containing total combustible material between four feet and ten feet in diameter.

     (2) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects or agricultural pursuits for pest or disease control; provided the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square mile.

For purposes of this section, "nonurbanized areas" includes all areas of the state which are not within an urban growth area as defined by RCW 36.70A.030.

     Sec. 2.  RCW 70.94.780 and 1991 c 199 s 411 are each amended to read as follows:

(1) In addition to any other powers granted to them by law, the fire protection agency, county, or conservation district issuing burning permits shall regulate or prohibit outdoor burning as necessary to prevent or abate the nuisances caused by such burning.  No fire protection agency, county, or conservation district may issue a burning permit in an area where the department or local board has declared any stage of impaired air quality per RCW 70.94.473 or any stage of an air pollution episode.  All burning permits issued shall be subject to all applicable fee, permitting, penalty, and enforcement provisions of this chapter.  The permitted burning shall not cause damage to public health or the environment.

     Any entity issuing a permit under this section may charge a fee at the level necessary to recover the costs of administering and enforcing the permit program.

(2) A fire protection agency, county, or conservation district may elect not to administer burning permits.  In the case of such election the issuance of burning permits and enforcement of the program shall be conducted by the local air pollution control authority, or if there is no activated authority, by the department of ecology.

(3) As an alternative to the election in subsection (2) of this section, a fire protection agency, county, or conservation district may elect not to abate nuisances caused by permitted outdoor burning.  In the case of such election, the abatement of nuisances shall be conducted by the local air pollution control authority, or if there is no activated authority, by the department of ecology.