(1) 
The purpose of this regulation of open burning, bonfires and recreational fires is to protect people and property, especially when wildfire danger is high. Implementing a fire danger rating system that is widely recognized promotes transparency so that regulations are easily understood and consistently applied across Jefferson County.
(2) 
It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be specially protected or benefited by the terms of this chapter.
(3) 
This chapter supplements International Fire Code Section 3.07, adopted in JCC § 15.05.030(6), and shall be construed in connection with that law and with Chapter 51-54 WAC, which modifies the IFC for application in the state of Washington.
(4) 
This chapter shall be liberally construed to carry out its broad purposes, allowing the local fire official to determine permissible consumer fireworks within their region of responsibility within Jefferson County.
(5) 
Reference to the Jefferson County Code (JCC) in this chapter is to the provision of the JCC as adopted or as amended.
(6) 
Reference to the Revised Code of Washington (RCW) in this chapter is to the provision of the RCW as adopted or as amended.
(7) 
Reference to the Washington Administrative Code (WAC) in this chapter is to the provision of the WAC as adopted or as amended.
(Ord. 4-24 § 3 (Appx. A))
In construing provisions of this chapter, unless otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning and in addition, these definitions shall apply:
(1) 
"County fire marshal"
means the fire marshal for Jefferson County designated in JCC § 2.40.010.
(2) 
"Declaration of high fire hazard"
means a declaration by the county fire marshal or their designee, or a local fire official or their designee, that a high fire hazard exists within their region of responsibility.
(3) 
"Fire hazard"
means the accumulation of combustible materials in such a condition as to be readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest areas, life and property.
(4) 
"Fire danger risk rating system"
means the system in JCC § 8.72.040, which the county fire marshal or the local fire official uses to match atmospheric conditions or local circumstances in a region of responsibility to the appropriate limitations for those atmospheric conditions or local circumstances.
(5) 
"Fireworks"
has the same meaning as in RCW 70.77.126.
(6) 
"High fire hazard"
means a period of hot, dry weather accompanied by low fuel moistures, where fires start quickly, spread furiously, and burn intensely and are difficult to control unless they are successfully attacked when the fires are small. It is during this period that wildland fires can be expected, and fire growth will be accelerated.
(7) 
"Industrial fire precaution levels" or "IFPLs"
means the system developed by the Washington State Department of Natural Resources (WDNR) and published in WAC 332-24-301(3)(a).
(8) 
"International Fire Code" or "IFC"
means the International Fire Code adopted in JCC § 15.05.030(6), as adopted and modified in Chapter 51-54A WAC.
(9) 
"Local fire official"
means a fire chief of a fire district wholly or partially within Jefferson County or their designee.
(10) 
"ORCAA"
means the Olympic Regional Clean Air Authority.
(11) 
"Outdoor burning"
has the same definition as in WAC 173-425-030(16).
(12) 
"Recreational fire"
has the same meaning as in IFC Chapter 2 – Definitions.
(13) 
"Region of responsibility"
means the fire district wholly or partially within Jefferson County for a local fire official, or the county as a whole for the county fire marshal.
(14) 
"Solid waste"
has the same meaning as in JCC § 8.10.100.
(15) 
"WDNR"
means the Washington State Department of Natural Resources.
(16) 
"Wildland fire"
means any non-structure fire that occurs in vegetation or natural fuels and includes fires originating from an unplanned ignition and unauthorized and accidental human caused fires.
(17) 
"Wildfire risk areas"
has the same meaning as in IFC Chapter 2 – Definitions.
(Ord. 4-24 § 3 (Appx. A))
(1) 
Outdoor Burning, Bonfires, and Recreational Fires – Attendance Required at All Times. Under IFC Section 307.7, all outdoor burning, bonfires, and recreational fires shall be constantly attended until the fire is extinguished.
(2) 
Limits on Recreational Fires. Consistent with WAC 51-54A-0307, recreational fires shall not be conducted within 25 feet of a structure or combustible material.
(3) 
No Outdoor Burning of Solid Waste, including Garbage or Rubbish. Consistent with JCC § 8.10.025(3)(f), any outdoor burning of solid waste, including garbage or rubbish, is prohibited.
(4) 
No Outdoor Burning That Alters Existing Wetland Conditions. Consistent with JCC § 18.22.720(1)(g), any intentional outdoor burning that alters existing wetland conditions is prohibited.
(5) 
No Use of Devices Liable to Start or Cause a Fire in or on Wildfire Risk Areas. Consistent with IFC Section 308.1.6, torches and other devices, machines or processes liable to start or cause a fire shall not be operated or used in or on wildfire risk areas.
(6) 
Outdoor Burning Prohibited According to the Fire Danger Risk Rating System.
(a) 
Violations of Restrictions in Fire Danger Risk Rating System. Any violation of the restrictions designated in the fire danger risk rating system is prohibited and shall be subject to enforcement under this chapter.
(b) 
Publication of Limitations on Outdoor Burning by County Fire Marshal and Local Fire Officials. The county fire marshal and each local fire official shall match the current atmospheric conditions or local circumstances to the appropriate limitations for those atmospheric conditions or local circumstances from the fire danger risk rating system, and shall publish on their website or otherwise provide to the public the current level of fire danger from the fire danger risk rating system. From July 1st to September 30th of each year, publication of current fire conditions shall be daily; otherwise, publication of the current fire conditions shall be whenever there is a change in fire conditions, but no less frequently than once per month.
(7) 
Authority of County Fire Marshal and Local Fire Officials to Order Extinguishment of Hazardous Outdoor Burning. Consistent with IFC Section 307.3, where outdoor burning creates or adds a hazardous situation, the county fire marshal or a local fire official may order the extinguishment of the outdoor burning operation.
(8) 
Outdoor Burning in Violation of RCW 70A.15.5010(1) Enforceable Under This Chapter. Consistent with RCW 70A.15.5010(1), causing or allowing any outdoor fire containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits dense smoke or obnoxious odors is prohibited and may be enforced as a violation of this chapter.
(9) 
Outdoor Burning During Closures by ORCAA Enforceable Under this Chapter. Outdoor burning is prohibited during periods of closure as defined by ORCAA due to air quality degradation and may be enforced as a violation of this chapter.
(10) 
Violations of Industrial Fire Precaution Levels Enforceable Under This Chapter. Violations of industrial fire precaution levels may be enforced as a violation of this chapter.
(Ord. 4-24 § 3 (Appx. A))
(1) 
Designation Authority. The fire marshal after consultation with local fire officials shall have the authority to designate the fire danger risk level in the fire danger risk rating system with corresponding restrictions. All burn restrictions shall remain in effect until withdrawn, escalated or otherwise modified. Following any change in fire danger risk level designation, the fire marshal shall report the change to the Jefferson County board of commissioners at the next regularly scheduled meeting.
(2) 
Enforcement. Burn restrictions shall be enforced by the Jefferson County fire marshal as conditions warrant, throughout those unincorporated areas of Jefferson County.
(3) 
State and Federal Campgrounds. State and federal campgrounds located within the Jefferson County fire districts' region of responsibility are outside the scope and jurisdiction of these regulations, but are encouraged to follow these regulations.
(4) 
Fire Danger Risk Level Designation. Burn restrictions shall be imposed according to the following progressive fire danger risk level designation:
(a) 
Stage 1: Low fire hazard level burn restrictions categorized as green in color;
(b) 
Stage 2: Moderate fire hazard level burn restrictions categorized as blue in color;
(c) 
Stage 3: High hazard level burn restrictions categorized as yellow in color;
(d) 
Stage 4: Very-high hazard level burn restrictions categorized as orange in color; and
(e) 
Stage 5: Extreme hazard level burn restrictions categorized as red in color.
(5) 
Fire Danger Risk Levels.
(a) 
Annual Moderate Risk Stage. Historical data demonstrates that between July 1st and September 30th of each year, at least stage 2 moderate level risk will exist. Accordingly, at a minimum, stage 2 restrictions shall apply between July 1st and September 30th of each year, unless modified at the discretion of the fire marshal in consultation with the local fire officials, depending on the current atmospheric and field conditions.
(b) 
Stages Based on Measured Changes in Atmospheric Conditions or Local Circumstances. Burn restrictions imposed with each stage are progressive and shall include any and all lower stage restrictions, unless modified at the discretion of the fire marshal in consultation with the local fire officials. The restrictions for each stage are:
(i) 
Stage 1 Low Fire Hazard.
(A) 
All burning allowed in compliance with existing state and federal law.
(B) 
ORCAA guidance to be observed.
(ii) 
Stage 2 Moderate Fire Hazard.
(A) 
Outdoor Burning Restricted. No person shall build, ignite, or maintain any outdoor fire of any kind or character, or for any purpose whatsoever, except:
(I) 
Outdoor burning is allowed on private residential premises or designated campsites where such fires are built, ignited, and maintained in a permanent barbecue, portable barbecue, outdoor fireplace, or grill; or
(II) 
Portable fireplaces, pits, chimineas are approved where they are placed on noncombustible material, or all combustible material is removed to mineral soil with all combustible material one and one-half feet around the portable fireplace, pit, chiminea removed. Only natural wood materials shall be burned within the portable fireplace, pit, chiminea, and the fuel shall not extend outside the portable fireplace, pit, chiminea.
(B) 
Open Flame Devices Restricted. No person shall operate or use any device liable to start or cause fire in or upon any fire hazard area, except for those devices listed on the approved open flame devices list maintained by the fire marshal and listed on the fire marshal's website. Commercial operators may obtain a permit from the fire marshal for certain devices not listed.
(c) 
Stage 3 High Fire Hazard.
(i) 
Use of charcoal briquettes is prohibited, except for commercially made listed and labeled barbeque devices located and used at a residence.
(ii) 
Target shooting outside of gun ranges, and use of exploding targets or incendiary ammunition is prohibited. Hunting is allowed in open areas.
(iii) 
Following a declaration of high fire hazard, the manufacture, sale, transportation, discharge, storage or use of fireworks is regulated under Chapter 8.75 JCC.
(d) 
Stage 4 Very High Fire Hazard.
(i) 
Outdoor burning and outdoor open flame devices are prohibited without a permit, unless listed in subsection (5)(b)(ii) of this section, or approved in writing by the fire marshal.
(ii) 
Permits are not required for use of the following:
(A) 
Commercially made listed and labeled propane or pellet fed barbeque devices located and used at a residence; and
(B) 
Stoves or fireplace fires completely contained within a residence.
(e) 
Stage 5 Extreme Fire Hazard. Outdoor burning, discharge, and fire related activity of any kind or type, including barbeque devices, are prohibited.
(Ord. 4-24 § 3 (Appx. A))
This chapter declares certain acts to be civil violations, establishes civil enforcement procedures and penalties under RCW 36.32.120(7) and declares certain acts to be misdemeanors.
(1) 
Misdemeanor. Any person, firm, corporation or association violating or failing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not exceeding $1,000 or by imprisonment in the jail for a period not to exceed 90 days or by both such fine and jail.
(2) 
Civil Infraction.
(a) 
Any person who violates any provision of this chapter may be issued a notice of infraction. The penalty for an infraction issued to a person who violates any provision of this chapter shall be $1,000 and $2,000 for any subsequent violation of this chapter. For each continuing violation, each day shall constitute a separate infraction, subject to a daily penalty.
(b) 
A notice of infraction represents a determination that a violation has been committed. The determination will be final unless contested as provided in this chapter.
(c) 
The infraction rules for courts of limited jurisdiction (IRLJ) as they exist now or may be amended, apply to the processing and adjudication of civil infractions under this chapter.
(Ord. 4-24 § 3 (Appx. A))
(1) 
For outdoor burning, bonfires or recreational fires in violation of this chapter, public awareness and voluntary compliance efforts should be used before enforcement under this chapter.
(2) 
The county fire marshal or their designee has the discretion to enforce this chapter. This chapter does not create a duty on the part of the county, the county fire marshal, the county sheriff, or local fire officials to enforce violations of this chapter. Decisions about whether and how to enforce this chapter shall be made in conjunction with the county prosecuting attorney or their designee.
(3) 
The county fire marshal or their designee may consult with the county sheriff or a local fire official in enforcement of this chapter. The county fire marshal or their designee are authorized to:
(a) 
Issue citations to or arrest without warrant persons violating this chapter;
(b) 
Serve and execute all warrants, citations and other process issued by the courts;
(c) 
Send by certified mail any warrant, citation or other process to the last known place of residence of the person alleged to have violated this chapter, which shall be deemed as personal service upon the person alleged to have violated this chapter.
(4) 
This chapter and permits or decisions issued under it may be enforced through JCC Title 19, Code Compliance. The county fire marshal is the "director" for purposes of JCC § 19.10.015(19). The county fire marshal shall coordinate with the code compliance coordinator on decisions to enforce this chapter under JCC Title 19.
(5) 
The expenses of responding to and/or fighting any fires as a result of violations of this chapter are a charge against the person whose violation of this chapter caused the fire. Expenses for suppressing and damages caused by such fire shall constitute a debt of such person and are collectable by Jefferson County in the same manner as the case of an obligation under contract, express or implied.
(6) 
Enforcement through this chapter is not exclusive and additional enforcement mechanisms may exist, which may include filing civil actions in courts of competent jurisdiction under other applicable laws.
(7) 
The county prosecuting attorney may at any time bring such additional injunctive, declaratory, criminal, or other actions as are necessary to enforce this chapter.
(8) 
Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same violations may not be brought simultaneously.
(Ord. 4-24 § 3 (Appx. A))
Nothing in this chapter is intended to be nor shall be construed to create or support any liability by the county, its officers, employees or agents, any fire district, or any local fire official, for any injury or damage resulting from the failure of anyone to comply with this chapter, or by reason or in consequence of the implementation or enforcement under this chapter, or for any action or inaction by the county related to the enforcement of this chapter by its officers, employees or agents.
(Ord. 4-24 § 3 (Appx. A))