HOUSE BILL REPORT

SSB 5318

BYSenate Committee on Governmental Operations (originally sponsored by Senator Pullen)

Clarifying fire districts' authority regarding burning permits when the clean air act is involved.

House Committe on Environmental Affairs

Majority Report:  Do pass.  (14)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Ferguson, Jesernig, Lux, May, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.

House Staff:Bonnie Austin (786-7107)

AS PASSED HOUSE MARCH 27, 1987

BACKGROUND:

Fire protection districts are currently authorized to issue burning permits for open fires on land within the fire district and to set the terms and conditions of those permits. Possession of a burning permit does not relieve the permittee from any liability for damages resulting from the fire.  Failure to obtain a permit or to comply with any condition of the permit is a misdemeanor.

Fire protection districts have no specific statutory authority to revoke a validly acquired permit.  In some circumstances, burning which has created an extreme nuisance has been permitted to continue because the party conducting the burning possessed a valid burning permit.  Fire protection districts have been hesitant to respond to complaints of nuisance without specific statutory authority to revoke a validly acquired permit.

SUMMARY:

Fire districts are authorized to revoke burning permits they have issued if revocation is necessary to protect life or property or to prevent or abate a nuisance.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    Pete Spiller, Fire Commissioner's Association; Ronald Busby, Puget Sound Air Pollution Control Agency.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Certain instances of extreme nuisance have resulted from permitted fires.  Local districts have been advised that they do not have the authority to revoke a validly acquired permit simply to abate a nuisance, but can only revoke a permit when a fire hazard is being created.

House Committee - Testimony Against:      None Presented.