INFORMATION 09-27-1993
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INFORMATION
TO:
MAYOR & CITY COUNCIL
FROM:
RUSS ANDERSON, FIRE CHIEF
DATE: SEPTEMBER 23, 1993
SUBJECT: PRACTICE BURN POLICY
The Council requested an update on the Fire Department's policy
of practice burns in our jurisdiction. We receive many
requests from property owners to burn down buildings because of
the expense in demolishing and removing them. State Statute
only allows the burning of buildings that can be used for
training exercises to practice new techniques and procedures
(live burns are excellent training for our personnel). We try
to be very selective in the buildings we use in regard to
location to other properties, safeness of the structure, water
supply, etc.
Before executing a practice burn, we must first apply for an
application from the State, now under the DNR jurisdiction (see
attached copy). We also have a liability agreement form we
must have the owner and City sign (also attached). We then
attempt to notify any neighbors that we feel would be concerned.
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As you know, last week we did a practice burn on Proctor Road
and erred in not notifying neighbors in the next block. I
personally contacted them the next day with my apology and gave
them car wash tickets to the Dolphin Car Wash. The use of this
house was a new experience as the house was completely
insulated with newspapers and, as such, we had paper embers
drifting around the neighborhood.
Please contact me if there are any questions regarding our
policy and procedures.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
e PHONE NO.
r! STATE OF
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· DEPARTMENT
OF
NATURAL
RESOURCES
September 9, 1993
FILE NO.
DIVISION OF FORESTRY
FIRE CHIEFS, COUNTIES, MUNICIPALITIES, AND OTHER COOPERATORS
REGARDING: OPEN BURNING REGULATION CHANGE NOTICE
Effective August 1, 1993, the DNR - Division of Forestry will be the sole
authority regulating open burning in Minnesota. During the last legislative
session (1992-1993) Minnesota Forestry Statutes (MS 88.01-88.22 and 88.75,
88.76) were updated and revised to incorporate the MPCA air quality open burn
regulations. This included fire department structure fire training and
permanent burn site regulations.
Only certified DNR forest officers and Commissioned State Fire wardens will
be allowed to issue open burn permits after August I, 1993, statewide. For
those fire chiefs, local fire marshals, or other designated persons who were
previously MPCA approved, they must now be commissioned as state fire wardens
in order to retain their open burn permit issuing authority. It will be our
policy to train and certify those persons, counties, or municipalities
desiring to regulate the burning in their area jurisdiction. Since this
process will take some time, DNR is extending the MPCA delegated authority
through November 30, 1993 or until DNR can recommission those authorities
that wish to continue issuing permits.
.me main points that fire chiefs and local governments should be aware of as
llows:
1. The Minnesota open burn permit is required statewide, except when
the ground is snow covered. This applies to municipalities as
well. Permits can be issued for vegetative fuels only. If permits
are to be required when the ground is snow covered, or year round,
then local ordinance must be initiated.
2. Permits are not required for campfires. This is not new, but it
should be noted the new definition is the same as the former MPCA's
recreational fire definition. Local ordinance is required to
prohibit campfires.
3. Burners (formerly called burn barrels) - allowed statewide for
veqetative fuels.only. New burning hours established 6:00 p.m. to
8:00 a.m. Local ordinance is required to prohibit burners.
4. Law enforcement the former MPCA regulations have been
incorporated into Forestry statutes. This means that citations may
be written by forest officers, conservation officers, and all other
peace officers. A bail schedule is in the process of development~
This allows for citations to be issued directly as per officer
discretion on site for any burning fire violation that may occur in
your area of jurisdiction.
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Page 1 of 2
AN EQUAL OPPORTUNITY EMPLOYER
--
e PHONE NO.
~ STATE OF
[NJ~~~@u~
DEPARTMENT
8/10/93
OF
NATURAL
RESOURCES
FILE NO.
FIRE DEPARTMENT BURN TRAINING APPLICATION
This application must be completed by the Fire Chief or Training Offzcer and submitted to the local forestry offzce a
minimum of 14 days prior to the actual burn training being conducted. All training should have a burn plan or be
done as per guidelines in the Structural Burn Training Manualfor the Minnesota Technical College System.
F IRE DEPARTMENT:
ADDRESS:
'-
APPliCANT'S NAME AND TITLE:
TELEPHONE NUMBER: work ( )
home ( )
SIGNATURE:
LOCATION OF TRAINING (address):
TYPE OF FIRE TRAINING TO BE CONDUCTED: (check all that apply)
_structure burn _liquid/gas fuels _extinguisher _other
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IF A STRUCTURE IS TO BE BURNED INDICATE:
Structure type: Approx. Size:
IF FLAMMABLE LIQUID OR GAS:
Type of fuel:
Amount:
HAS CONSENT BEEN GRANTED BY LEGAL OWNER OF BURN SITE? Y or N
WAS AN ASBESTOS SURVEY CONDUCTED: Y or N BY WHOM:
WILL UTILITY DISCONNECTS BE MADE (GAS, WATER, ELECTRICITY)? Y or N
LOCAL EMERGENCY DISPATCHER/ENFORCEMENT BE NOTIFIED OF THIS BURN? Y or N
IS A TECHNICAL COLLEGE ASSISTING WITH THE TRAINING? Y or N
TECHNICAL COLLEGE:
TRAINER:
- ------
NOTE: Attached is your burn training permit.. The permit must be signed prior to the training exercise. Both the
Burn Permit and Application must be on site at the time of the burn training exercise.
POST BURN REQUIREMENTS: All debris remaining after the burn requiring disposal must be disposed of in a
manner that meets all local solid waste ordinance requirements.
.ESPONSIBLE PARTY:
APPliCATION APPROVED: By Date
APPliCATION DEN/ED (OVER) By Date
AN EQUAL OPPORTUNITY EMPLOYER
AGREEMENT
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THIS AGREEMENT, entered into this _ day of , 1990,
by and between , the CITY OF ELK RIVER, a Municipal
Corporation (the City) and the ELK RIVER VOLUNTEER FIRE DEPARTMENT (the Fire
Department) .
WHEREAS, is the owner of certain real property (the
Property legally described as
City of Elk River, County of Sherburne, State of Minnesota; and,
WHEREAS, there are/is
the Property; and
building(s) {the Building(s)} located on
WHEREAS,
desires to have the Building(s) destroyed; and
WHEREAS, the Fire Department is willing to destroy the building(s) by
fire if the building(s) can be used for smoke drilling and other training
exercises before and during their destruction by fire.
NOW, THEREFORE, the parties hereto in consideration of the mutual
covenants and considerations hereinafter set forth do agree as follows:
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1. Entry onto the Property Authorized. hereby
expressly authorizes the Fire Department and the City to enter onto the
Property one or more times for the purpose of conducting smoke drilling
and other training exercises (the Training Exercises and related
activities in the Building(s) and on the Property. The City and Fire
Department shall enter the Property solely for the purpose of
conducting training exercises and for related activities such as
preliminary and follow-up inspections.
2. Waiver of Trespass. expressly waives any
claim of trespass against the Fire Department or the City for entry
onto the Property for the purposes of conducting training exercises and
related activity on the Property.
3. Wai ver of Damal1:es. expressly waives any claim
against the Fire Department or the City for any damages to the Property
or the Building(s) caused or allegedly caused by the Fire Department or
the City in the course of performing the Training exercises and
activities related thereto.
4.
Liability and Indemnification. The City and the Fire Department
shall be solely liable for any injury to the Fire Department personnel
or other persons caused by or as a direct result of the Training
Exercises. The City and the Fire Department shall indemnify and save
harmless against any and all claims by or on behalf
of any person or persons arising from the conduct of the Training
Exercises. The City and the Fire Department shall not, however, be
liable for any injuries caused by or resulting from
failure to clean up the Property and remove the debris of the
Building(s) within the time period allowed by Section 5 of this
Agreement.
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5. Clean UP. shall be solely responsible for
removing all debris from the Property following completion of the
Training Exe~cises, regardless of the condition of the Property and/or
the Building( s) following completion of the Training exercises. The
Ci ty shall notify in writing when the Training
Exercises are completed. shall have thirty
(30) days from the date of that notice to complete the removal of all
debris and remnants of the Building(s) so that the condition of the
Property is in full compliance with the Ci ty Ordinances. The City
reserves the right to inspect the Property from time to time as
necessary to insure compliance with this
obligation to clean up the Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the above date.
PROPERTY OWNER
By:
CITY OF ELK RIVER
By:
Its Mayor
ELK RIVER VOLUNTEER FIRE DEPARTMENT
By:
Chief Russell Anderson