BILL REQ. #:  Z-0811.2 

Read first time 01/26/2004.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to regulation of outdoor burning; adding a new section to chapter 48.48 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 48.48 RCW to read as follows:
     (1) Whenever the state fire marshal finds that conditions of extreme fire hazard exist and that state resources or the protection of life and property may be in danger, the fire marshal may recommend to the governor that the governor prohibit all outdoor burning on public and private land throughout the state or within specific portions of the state.
     (2) Prior to making such a recommendation the state fire marshal must first consult with:
     (a) The commissioner of public lands;
     (b) The director of the department of ecology;
     (c) The director of the department of agriculture; and
     (d) The director of state parks.
     (3) Upon receiving such a recommendation from the state fire marshal, if the governor finds that state resources or the protection of life and property are in danger then the governor may issue an executive order forbidding all outdoor burning throughout the state or within specific portions of the state. The order shall be in effect until rescinded by the governor. The order may allow for specific exceptions to be made where the governor determines that certain outdoor burning will not unduly endanger state resources nor the protection of life and property, and subject to limitations and conditions as recommended by the state fire marshal.
     (4) It shall be unlawful for any person to conduct or cause to be conducted any outdoor burning at any time and place as is forbidden by an executive order issued pursuant to subsection (3) of this section.
     (a) Intentional violation of this section is a crime and shall be punished as a gross misdemeanor.
     (b) Negligent violation of this section is a class 1 civil infraction pursuant to chapter 7.80 RCW.
     (5) In addition to the penalty provided in subsection (4) of this section, any injured party may bring a civil cause of action for violation of an executive order issued pursuant to subsection (3) of this section. A person may be liable under such an action for actual damages and reasonable attorneys' fees, court costs, and investigative costs incurred in bringing the action.
     (6) For the purposes of this section, "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.
     (7) The state fire marshal may adopt rules necessary to implement this section.
     (8) The provisions of this section shall be enforced by any general or limited authority Washington peace officer as those terms are defined in RCW 10.93.020 or may be enforced by any district, city, county, and/or state fire authority.