After a summer in which burning violations and complaints spiked, the Ocean Shores City Council on Monday took its first formal look at a more comprehensive citywide burning ordinance that incorporates existing codes and establishes a Class C civil penalty for violations.
Proposed by a committee of several Council members and drafted with consultation from Fire Chief David Bathke and City Attorney Brent Dille, the ordinance would prohibit open burning unless specifically permitted. It would not prohibit recreational fires or the use of patio wood-burning units if they are used under current code and regulations.
In all circumstances, burning construction material or demolition waste is prohibited under the proposed language, and the “property owner is responsible for the supervision of any and all fires which occur on the property owner’s land.” Land clearing fires (larger than 4 feet in diameter) will no longer be allowed at all.
Any violation will cause a person to have burning privileges suspended for 90 days. After a written warning, a continuing violation will be cause for a charge of a Class C civil infraction.
Open burning of yard clippings, leaves, shrubbery, brush and tree branches and tree trimmings would require a burning permit from the Fire Department, and open burning could only take place from Sept. 1 through June 30.
The open burning may not occur less than 50 feet from the nearest public street or right-of-way, and at least 50 feet from the nearest dwelling owned or occupied by any person. In addition, open burning may not occur less than 100 feet of any dune vegetation.
The ordinance prohibits the burning of any garbage, plastic, Styrofoam, chemically treated lumber, synthetic material or other hazardous materials, as well as any rubber or rubber-based material (including rubber tires). All combustible materials must be cleared a minimum of 10 feet and at least 20 feet from any overhead materials.
Recreational fires are allowed, subject to the following conditions and requirements:
• No yard clippings, leaves, rubbish, or construction and demolition waste shall be burned.
• The fire pit must be at least 25 feet from any structure.
• Contained within an approved fire pit or ring or in an outdoor fireplace.
• Completely extinguished before 1 a.m.
• Fires may not occur less than 100 feet from any dune vegetation.
Resident Don Williams suggested modifying the deadline to extinguish recreational fires to 9 or 10 p.m. He also was in favor of “absolutely no burning of yard waste — ever. It’s the most obnoxious, dangerous smoke you could ever possibly have.”
Council member Jeff Daniel noted, that as a real estate salesman, he knows of hundreds of homes with backyard fire pits that already would be in violation of the 25-foot requirement.
“That is code,” Chief Bathke said. “That is International Fire Code, that is referenced in the Washington Administrative Code, and to go outside of that I believe would be a huge liability.”
Bathke said the biggest change in the proposal is there is no more open-land burning or burning for commercial clearing purposes allowed. “That is the big key element,” he said.
The Council decided to continue to review the proposal and took no formal action, sending it back to committee.
