S‑1435.1   _____________________________________________

SUBSTITUTE SENATE BILL 5019

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senate Committee on Natural Resources, Parks & Shorelines (originally sponsored by Senators Jacobsen and Patterson)

READ FIRST TIME 02/07/01. 

_1      AN ACT Relating to controlling wildfires through emergency

_2  restrictions on outdoor burning; adding a new section to chapter

_3  48.48 RCW; creating a new section; and prescribing penalties.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      NEW SECTION. Sec. 1.  The legislature intends by this act to

_6  allow for a procedure that will help prevent wildfires during

_7  times of extreme fire danger by allowing some prohibitions on

_8  outdoor burning.  The legislature does not intend for this power to

_9  be utilized to deal with air pollution or public health

10  concerns.  Those problems are addressed through the Washington clean

11  air act, chapter 70.94 RCW.

12      NEW SECTION. Sec. 2.  A new section is added to chapter 48.48

13  RCW to read as follows:

14      (1) Whenever the director of fire protection finds that

15  conditions of extreme fire hazard exist and that state resources

16  or the protection of life and property may be in danger due to

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_1  wildfire, the director of fire protection may recommend to the

_2  governor that the governor forbid outdoor burning on public and

_3  private land within specific portions of the state.

_4      (2) Prior to making such a recommendation to the governor, the

_5  director of fire protection must consult with:

_6      (a) The commissioner of public lands;

_7      (b) The director of the department of ecology;

_8      (c) The director of the department of agriculture; and

_9      (d) The director of the state parks and recreation commission.

10      (3) Upon receiving such a recommendation from the director of

11  fire protection, and if the governor finds that state resources or

12  the protection of life and property are in danger due to wildfire,

13  then the governor may issue an executive order forbidding outdoor

14  burning within specific portions of the state.  The order is

15  effective until rescinded by the governor. The order may allow for

16  specific exceptions to be made where the governor determines that

17  certain outdoor burning will not unduly endanger state resources

18  nor the protection of life and property, and subject to

19  limitations and conditions as recommended by the director of fire

20  protection.  Such exceptions may be made prior to issuance of the

21  order and also at any time the order is in effect.

22      (4) It is unlawful for any person to conduct or cause to be

23  conducted outdoor burning at any time and place that is forbidden

24  by an executive order issued under subsection (3) of this

25  section.  An intentional violation of this section is a gross

26  misdemeanor.  A knowing violation of this section is a class 1 civil

27  infraction under chapter 7.80 RCW.  For the purposes of this

28  subsection, the terms "intentional violation" and "knowing

29  violation" have the same meaning as defined in RCW 9A.08.010.

30      (5) In addition to the penalty provided in subsection (4) of

31  this section, any injured party may bring a civil cause of action

32  in superior court for a violation of an executive order issued

33  under subsection (3) of this section.  A person may be liable under

34  such an action for actual damages and reasonable attorneys' fees,

35  court costs, and investigative costs incurred in bringing the

36  action.

37      (6) For the purposes of this section, "outdoor burning" means

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_1  the combustion of material of any type in an open fire or in an

_2  outdoor container.

_3      (7) The chief of the Washington state patrol, through the

_4  director of fire protection, may adopt rules necessary to

_5  implement this section.

_6      (8) The provisions of this section may be enforced by any

_7  general or limited authority Washington peace officer, as those

_8  terms are defined in RCW 10.93.020, and by a district, city,

_9  county, or state fire authority.

10      (9) Nothing in this section shall be construed as authorizing a

11  recommendation to forbid outdoor burning nor an order to forbid

12  outdoor burning for purposes other than to control wildfires.  This

13  section does not authorize such recommendations or orders for air

14  pollution nor public health reasons, which are regulated under the

15  Washington clean air act, chapter 70.94 RCW.

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