5.6. SR 09-09-2002MEMORANDUM
Item # 5.6.
TO:
FROM:
DATE:
Mayor and City Council
Pat Klaers, City Ad ministr~ztg~r~~
September 9, 2002
SUBJECT: Consider Amendment to Open Burning Ordinance
Since the RC Rolloff incident, staff has had numerous meetings and discussions regarding
"how this situation happened" and "how to make sure this type of situation doesn't happen
again". Issues related to this specific incident include burning, enforcement of the zoning code
and land use ordinance, communication, and staffing levels/organization. It is the staff
consensus that we need to evaluate some of our city policies and procedures and then
recommend some changes on how the city does business.
One of the issues to address in order to ensure this type of incident doesn't happen again is
burning. First, it should be noted that the fzre department now inspects all non-residential
burning permit requests. By this I mean that a representative from the department goes to the
site and physically inspects the burn piles. Certainly this doesn't mean that people will not or
cannot add to the burn pile when the inspector has left the scene, but there is only so much
that can be done when burning permits are issued.
The most significant change that is being proposed is an expansion of the no-burn area. It will
remain legal to burn in parts of the city with a burning permit but it is proposed that the no-
burn area expand to mirror the no hunting area. The Fire Chief will continue to be able to
allow exceptions in the no burn area but the guidelines for giving exceptions will be very
stringent.
Another big change being proposed is that developers will not be allowed to do mass burns in
clearing and preparing sites for development. There are alternatives to mass burns for trees
and brush and there will be no exceptions allowed in developments in order for mass burns to
take place. A spin off benefit to this new restriction is that there will be more of an emphasis
by developers on tree preservation.
Other burning changes being proposed include no longer allowing 15 day permits and no
longer allowing burn barrels. Special permits will need to be considered for the prairie grass
burn areas and events and these will continue to be allowed per approval by the Fire Chief.
The above changes in our burning policies and procedures will make some people upset much
like the no hunting map changes made some people upset. It should be noted that we are not
proposing a total ban on burning and that recreational fires (3ft x 3ft) are still allowed in the
no burn area.
The above changes will improve our chances of preventing a RC Rolloff situation from
happening again. In looking at Elk River in 2002, it seems that these types of changes in the
burning ordinance are appropriate and necessa~ as the city grows and develops.
This memo is offered as an overview of the RC Rolloff and burning issue. Attached is a report
and draft ordinance from the Director of Planning Michele McPherson regarding these
recommended changes. Michele and Fire Chief Brace West will be at this Council meeting to
present staff's recommendations.
After addressing the burning ordinance, the next issue which will get to the City Council are
the policies and procedures relating to zoning code enforcement and land use compliance.
s:\council\pat\openbum.doc
City
TO:
FROM:
DATE:
SUBJECT:
Item # 5.6
MEMORANDUM
Mayor and City Council
Michele McPherson, Director of Planning
September 9, 2002
Consider Revised Section 410 of the Elk River City Code of
Ordinances - Open Burning
Attachments
Existing Section 410, Open Burning
· Proposed Section 410, Open Burning
· Ordinance No. 02-
· Map of "No Burn" Area
Analysis
After several staff meetings in response to the RC Rolloffs burning issue, staff is
recommending the following changes to Section 410 of the City Code relating to open
burning:
The ordinance establishes by the adoption of an official map a "No Burn" zone.
The no burn zone has been expanded beyond the Urban Service District to include
platted lots within the cluster developments. The purpose for this expansion is that
the cluster lots in some areas are as small as the lots within the Urban Service
District and adequate space cannot be provided to handle a 10'x10' area which could
be burning. Recreational fires will still be allowed within all areas of the City.
2. The permit requirements have been rearranged to read more easily.
Permits will no longer be issued to burn trees removed within plats during initial
development phases.
- 4. The use of burners has been completely removed from the ordinance provisions.
Memo to Mayor and City Council/Open Burning
September 9, 2002
Page 2
Exceptions to the no burn area may be granted by the Fire Chief, however,
circumstances to allow an exception must extraordinary and a 600-foot setback from
structures must be met in order to allow an open burn within the no burn zone.
In addition to the above ordinance changes, the Fire Department has changed its procedures
in regards to commercial and industrial burn sites. These sites are now inspected prior to
issuance of a burning permit. Improper items found in burn piles are required to be
removed prior to issuance of a permit.
Recommendation
Staff recommends that the City Council adopt the attached ordinance repealing Section 410
and adopting a new Section 410 relating to Open Burning.
S:\PLANNING\MICHMC\CCREPRTS\Open Burning.doc
Existing Code
SECTION 410 - OPEN BURNING.
410.00 - DEFINITIONS
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 or
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.
RECRF~ATIONAL FIRE: A camp fire which meets the following
requirements set forth in Section 410.01.
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.
410.01 - RECREATIONAL FIRES PERMITTED.
Recreational fires are permitted within the city limits of the
City of Elk River, including the "No Burning" areas within the
City. Recreational fires can take place 24 hours per day and do
not require an open burning permit. Recreational fires must meet
the following requirements:
1. Recreation Fire Site Rec~uirements. 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
4.12
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.
410.02 - 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 O~en Burning. Open burning is only permitted
between the hours of 6:00 p.m. to 8:00 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.
4. O~en Burning Permit Not Rec~uired 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. O~en 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
4.13
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
1. Special O~en 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
8:00 a.m. and 6:00 p.m. when there is not more than three
(3) or more inches of snow cover.
2. Special O~en Burn Permit A~lication 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.
4.14
D. Special Burn Permit Fee. The fees for Special Burn
Permits are as follows:
iii.
Residential Areas - $10.00
Development and/or clearing of land - $25.00
Daytime hour special burn permit - $25.00
410.10 - 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.
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.
4.15
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 8:00 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. Ail combustible material must be cleared for a
distance of five (5) feet from the burner when using a
burner.
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
4.16
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.
4.17
Revised Code
SECTION 410 - OPEN BURNING.
410.00 - DEFINITIONS
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 or
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 campfire which meets the following
requirements set forth in Section 410.02.
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.
410.01 - ESTABLISHMENT OF NO OPEN BURNING ZONE
The City Council, from time to time, via adoption of an official
map, shall establish a "No-Burn Zone", within which open burning
is prohibited.
410.02 - RECREATIONAL FIRES PERMITTED.
Recreational fires are permitted within the city limits of the
City of Elk River, including the "No Burn Zone". Recreational
fires may take place 24 hours per day and do not require an open
burning permit. Recreational fires must meet the following
requirements:
4.12
1. Recreation Fire Site Rec~uirements. 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 from any structure. Burners are not recreational fire sites
as defined herein.
2. Recreational Fire Burn Rec~uirements. 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.
410.03 - OPEN BI/R/~ING PERMIT REQUIRED
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. A permit is not required for any fire, which is a
Recreation Fire as defined in Section 410.02.
1. Standards
e. Hours
So
Open burning is only permitted between the hours
of 6:00 p.m. to 8:00 a.m., except that when there
is three (3) or more inches of snow cover.
In the event there is three (3) or more inches of
snow cover, open burning may occur 24 hours per
day.
b. Issuance of Permits
Open burning permits shall be issued through the City of Elk
River, by the Fire Chief, Assistant Fire Chief, or State
Fire Warden.
A three day open burning permit may be acquired at no
charge at Elk River City Hall.
c. Special Permits
4.13
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.
Requests for Special Open Burn Permits within the "no-
burn zone" shall be made in writing to the Fire Chief
and shall detail the special circumstances warranting
the request. Open burning occurring within the "no-
burn zone" shall be at least six hundred (600) feet
from any structure.
B. Any person requesting to burn between the hours
of 8:00 a.m. and 6:00 p.m. when there is not more than
three (3) or more inches of snow cover.
C. Running fires for the purposes of vegetative
management as defined in Section 410.00.
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.
Permits are as follows:
The fees for Special Burn
Residential Areas - $10.00
Daytime hour special burn permit - $25.00
d. Prohibited Materials
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.
4.14
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.
e. 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.
f. 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.
410.04 - EXEMPTIONS FROM NO BURN ZONE PROHIBITIONS.
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.
4.15
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.
410.05 - 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.
410.06 - RUNNING FIRES
Running fires are not permitted in any area of the City of Elk
River except by special permit. (See "Exemptions," Section
410.04).
410.07 - 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.
4.16
CITY OF ELK RIVER
2002 BURNING MAP
NO BURNING WITHIN BOUNDARY
~ NO BURNING
Kiver
CITY OF ELK RIVER
2001 BURNING MAP
NO BURNING WITHIN BOUNDARY
~ EU~STING NO BURNING
t vet
T I T W