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8.1. SR 03-06-1995.- l ~~ ity of ~~ lk • River TO: FROM: DATE: TTF,M R_1 _ MEMORANDUM Mayor and City Council Bruce West, Fire Chief, and Sandra Thackeray, City Clerk March 1, 1995 SUBJECT: Amendment to Open Burning Ordinance INTRODUCTION In the past, open burning has been regulated by the DNR and the City of Elk River. During the past year the DNR has relinquished its authority on the regulation of open burning in the City of Elk River. Because of this, the City must amend its open burning ordinance. BACKGROUND The Fire Chief has met with representatives of the DNR regarding this issue. The proposed open burning ordinance has been reviewed by the DNR, the City's Attorney and all Department Heads of the City. There are several issues in the new proposed ordinance that differ from the City's existing ordinance. These issues include the following: • Open Burning Permits: ~ Three day permit ~ Fifteen Day Permit • Special Open Burning Permits: ~ Residential, development, or daytime hour special permits ~ Fees charged for special permits • Burner Regulations: ~ Allowed only in burning areas of City ~ Design standards regulated 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • • Penalties • Revision of Open Burn Areas in City of Elk River ISSUES • Open Burning Permits: 1. The Ordinance amendment proposes that open burning permits be allowed for three days -from 6:00 p.m. to 6:00 a.m. at no charge. This is consistent with the existing open burning permits. 2. The Ordinance allows an individual to request a 15 day burning permit for a fee of $5.00. • Special Open Burning Permits: 1. Special open burn permits will be required for certain circumstances. A fee will also be required for anyone acquiring a special open burn • permit. A special open burn permit can only be issued by the Fire Chief, or designee of the Fire Chief, following an inspection of the burning site made by the Chief. Special open burn permits may be issued for the following circumstances: A. Residential areas - $10.00 B. Development and/or clearing of land - $25.00 C. During daytime hours - $25.00 • Burner Regulations: 1. Burners may be used only is areas of the City where open burning is allowed. 2. Burning from a burner can only take place during the hours of 6:00 p.m. and 6:00 a.m. 3. Burner design standards are spelled out in the City's ordinance. 4. Burners can be used to burn vegetative fuels only. C7 • • Penalties 1. Any person violating the provisions of the open burning ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of up to seven hundred dollars and/or imprisonment for a term not to exceed ninety days. The violator may also be held accountable for the costs of prosecution and the cost incurred from suppression of the fire. • Revision of Open Burn Areas in City of Elk River 1. The existing open burning ordinance does not allow open burning in the urban service district of the City or in platted areas of the rural service district where the lots average one acre or less in size. (See attached copy of "Existing Open Burning Map." 2. In order to better regulate and enforce the areas of open burning in the City, it was felt that it would be best to consolidate the "open burn area" in the City of Elk River. The attached "Proposed 1995 Open Burn Area Map" shows the areas of the City that staff is proposing that no burning take place. RECOMMENDATION It is recommended that the Council review the proposed ordinance and map. Following Council review, it is recommended that a motion be passed adopting the proposed open burning ordinance and attached map. • ORDINANCE 95- • CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER, MINNESOTA, REPEALING SECTION 206.38, OPEN BURNING, AND ENACTING A NEW SECTION 410 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED -OPEN BURNING The City Council of the City of Elk River does hereby ordain as follows: Section 1: That Section 206.38 of the Elk River City Code, defined as "Open Burning" is repealed and new Section 410 -Open Burning is adopted in lieu thereof and shall read as follows: SECTION 410 - OPEN BURNING. • • 410.00 - DEFINITI CAMP FIRE: A fire set for cooking, warming, or ceremonial purposes, which is not more than three (3) feet in diameter by three (3) feet high, and has had the ground five (5) feet from the base of the fire cleared of all combustible material. OPEN FIRE: "Open Fire" or "Open Burning" shall mean a fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire box, structure of vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, or chimney. RUNNING FIRE: An attended fire that is allowed to spread through surface vegetative materials under controlled conditions. Its purpose is that of vegetative management, forest management, game habitat management or agricultural improvement. STARTER FUELS: Dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start on open fire. RECREATIONAL FIRE: A camp fire which meets the following requirements: 1. 1. Recreation Fire Site Requirements An area of no more than • a three (3) foot diameter circle (measured from the inside of the fire ring or border) completely surrounded by non-combustible and non-smoke or odor producing material either of natural rock, cement, brick, tile, or block of ferrous metal only and which area is depressed below ground, on the ground, or on a raised bed. Included are permanent outdoor wood burning fire places. Recreation fire sites shall not be located closer than fifty (50) feet of any structure. Burners are not recreational fire sites as defined herein. 2. Recreational Fire Burn Requirements. When a camp fire is used for recreational purposes, it must be ignited with an approved starter fluid using dry, clean wood; producing little detectable smoke, odor, or soot beyond the property line; conducted with an adult tending the fire at all times; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance health or safety hazards will not be created. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as camp or recreational fires, and are not covered by this ordinance. • WOOD: Dry, clean fuel only such as twigs, branches, limbs, "presto logs", charcoal, cordwood or untreated dimensional lumber. Wood does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue, or preservatives. Clean pallets may be used for recreational fires when cut into three (3) foot lengths. 41.0.02 - OPEN BURNING PERMITS 1. No person shall start or allow any open burning on any property in the City of Elk River without first having obtained an Open Burn Permit, except that a permit is not required for any fire which is a Recreation Fire as defined herein. 2. Open burning permits shall be issued through the City of Elk River, by the Fire Chief, Assistant Fire Chief, or State Fire Warden. 3. Hours of Open Burning. Open burning is only permitted between the hours of 6:00 p.m. to 6:00 a.m., except that when there is three (3) or more inches of snow cover, open burning otherwise permitted by this ordinance can take place 24 hour per • day. 2. 4. OAen Burnina Perm~_Not Required With Three Inches of Snow • Cover. If there is three (3) or more inches of snow cover on the ground, a burning permit is not required in areas of the City where open burning is permitted. 5. Qpen Burning Permits are available in two forms: A. A three day burning permit may be acquired at no charge. B. A fifteen day burning permit may be acquired at City Hall only, for a fee of $5.00. 410.04 - PERMITTED AND PROHIBITED OPEN BURNING. From and after the effective date of this ordinance, except as herein otherwise provided, open burning shall be prohibited in defined areas in the City of Elk River, as set forth by the City Council. (A map defining permitted and prohibited open burning areas is available at Elk River City Hall). 410.06 - PROHIBITED MATERIALS 1. It is illegal to burn at any time: . A. Oils, rubber, plastics, chemically treated materials, or other materials that produce excessive or noxious smoke; B. Hazardous waste C. Burnable building materials from demolition of a commercial or institutional structure (farm buildings are not commercial). D. Industrial solid waste generated from an industrial or manufacturing process, or from a service or commercial structure. E. Motor vehicles or conduct salvage operations by open burning; F. Garbage from the handling, procession, storage, preparation, serving, or consumption of food. G. Painted or treated wood. 410.08 - SPECIAL OPEN BURN PERMIT 3. 1. Special Open Burn Permit Required A Special Open Burn • Permit is required for open burning in the following circumstances: A. Any open burning in a "no-burn" area of the City. B. Any person requesting to burn between the hours of 6:00 a.m. and 6:00 p.m. when there is not more than three (3) or more inches of snow cover. 2. Special Open Burn Permit Application Procedure. A. The applicant must contact the Fire Chief, or designee of the Fire Chief, and schedule a preliminary site inspection to locate the proposed burn site. B. No burning shall take place without first having obtained a Special Open Burn Permit. C. The length of Special Burn Permit shall be determined by the Fire Chief or designee of the Fire Chief. D. Special Burn Permit Fee. The fees for Special Burn Permits are as follows: • i. Residential Areas - $10.00 ii. Development and/or clearing of land - $25.00 iii. Daytime hour special burn permit - $25.00 4.10.10 - REVOCATION OF OPEN BURNING PERMIT The Open Burning Permit is subject to revocation at the discretion of the City Fire Chief, or designee of the Fire Chief. Reasons for revocation include, but are not limited to: a fire hazard existing or developing during the course of the burn, any of the conditions of the permit being violated during the course of the burn, pollution or nuisance conditions developing during the course of the burn, or a fire smoldering with no flame present. 410.12 - DENIAL OF OPEN BURNING PERMIT If established criteria for the issuance of an open burning permit are not met, or during review of said application, it is determined that a practical alternative method of disposal of the material exists, or a pollution or nuisance condition would result, then the Fire Chief, or designee of the Fire Chief may deny the open burning permit application. 4. 410 14 - BURNING BAN OR AIR QUALITY ALERT • No camp or recreational fire or open burn will be permitted when the City or Department of Natural Resources has officially declared a burning ban due to potential hazardous fire conditions or when the Minnesota Pollution Control Agency has declared an Air Quality Alert. 410 16 - RUNNING FIRES Running fires are not permitted in any area of the City of Elk River except by special permit. (See "Exemptions," Section 410.20) . 410.18 - BURNERS 1. Permitted and Prohibited Use of Burners. Burners (Burning Barrels) may be used only in areas of the City of Elk River where open burning is allowed. Burners are prohibited in any area of the City where open burning is not allowed. 2. Burner Regulations. A. Burners can be used to burn vegetative fuels only, and only in areas of the City where burners allowed. • B. Burning from a burner can take place between the hours of 6:00 p.m. and 6:00 a.m. C. The use of a burner as stated in Section 410.18, does not require an open burning permit. 3. Burner Design Standards. A. Burners must meet approved design standards as specified: i. Burners must have a size capacity of at least three (3) bushels of which two-thirds (2/3) is still useable. ii. Burners cannot have ventilation openings larger than one (1) inch in diameter and must be covered with a screen when in use. iii. All combustible material must be cleared for a distance of five (5) feet from the burner when using a burner. • 5. 410.20 - EXEMPTIONS. • 1. Open burning of the types, and subject to the conditions as hereinafter stated shall be exempt from the prohibitions of Section 410 of this Ordinance. Fires under managed supervision for which a burning permit has been obtained from the Fire Chief or designee of the Fire Chief, but limited to the following: A. Fires purposely set for the instruction and training of public and industrial fire fighting personnel. B. Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. C. Fires purposely set for forest and game management purposes. D. The burning of trees, brush, grass, and other vegetable matter in the clearing of land, the maintenance of street, road, and highway right-of-way, and in accepted agricultural land management practices. • 2. Permits to conduct fires under this section do not excuse a person from the consequences, damages, or injuries which may result therefrom, nor exempt any person from regulations promulgated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulations. 410.22 - PENALTIES Any person violating the provisions of this open burning section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of up to seven hundred dollars ($700.00) and/or imprisonment for a term not to exceed ninety (90) days. In all cases, the violator may be held accountable for the costs of prosecution and the cost incurred from suppression of the fire. Section 2. The City Clerk shall publish this ordinance in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Hall. Section 3. This Ordinance becomes effective upon its passage • and the publication of its title and summary. 6. ;Passed by the City Council of the City of Elk River this 6th day ~f March, 1995. • Henry A. Duitsman, Mayor ATTE Sandra ~ Thackeray, City Clerk s:\document\ordinanc\openbur2.doc • • 7.