AN ORDINANCE REGULATING BURNING IN THE HERMISTON FIRE AND EMERGENCY SERVICES FIRE DISTRICT.

HERMISTON FIRE AND EMERGENCY SERVICES ORDAINS THE FOLLOWING:

Section 1. Title. This ordinance shall be known as the “Hermiston Fire and Emergency Services Burn Policy.”

Section 2. Definitions. As used in this ordinance, the following shall mean:

Attended. A person knowledgeable in the use of required fire-extinguishing equipment. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as water, garden hose or water truck, shall constantly attend all burning material until the fire has been extinguished.

Burn Barrel. An enclosed container of non-combustible material such as ferrous metal or masonry that contains combustible waste to be burned.

Burn Days. Days between November 1 and April 30 that Umatilla County allows burning.

Ceremonial Burning. A fire built of dry wood for an organized function, under permission, from the Fire Marshal’s Office (e.g. College Homecoming, religious functions, etc.). ORS Div. 264, 340-264-0030 (18), (19), (29), (a), (b), (c), 340-264-0040 (1),

Certified Wood-Burning Stove or Fireplace Insert. A solid-fuel burning, space-heating appliance that has been certified by the Oregon Department of Environmental Quality (DEQ) or bears a United States Environmental Protection Agency (EPA) certification label indicating that the model is built in accordance with EPA emission standards.

Domestic Burning. Burning of domestic waste, which includes yard debris such as branches, brush, small amount of unpainted or untreated lumber or other natural materials actually generated around a dwelling of four or fewer family living units.

Exempt Solid-Fuel Burning Appliance. A solid fuel-burning appliance that is exempt from the DEQ or EPA requirements for certification for its installation. Exempt stoves are pellet stoves, antique stoves (built before 1940 with ornate construction and substantially higher current market value), open masonry fireplaces, cook stoves, or other stoves that have a valid letter of exemption from EQ or do not meet the definition of a “woodstove” or “solid-fuel burning device” as defined in DEQ’s Oregon Administrative Rules for Residential Wood Heating.

Exempt Solid-Fuel Burning Appliance. A solid fuel-burning appliance that is exempt from the DEQ or EPA requirements for certification for its installation. Exempt stoves are pellet stoves, antique stoves (built before 1940 with ornate construction and substantially higher current market value), open masonry fireplaces, cook stoves, or other stoves that have a valid letter of exemption from EQ or do not meet the definition of a “woodstove” or “solid-fuel burning device” as defined in DEQ’s Oregon Administrative Rules for Residential Wood Heating.

Fire District. A type of public fire organization which is organized under provisions of state law, is an independent unit of government, and is supported by a tax levied throughout the district.

Fireplace. A solid-fuel burning device with an air-to-fuel ratio of greater than thirty (30) which is a permanent structural feature of a building. A fireplace is made up of a concealed masonry or metal flue, and a masonry or metal firebox enclosed in decorative masonry or other building materials.

Listed Incinerator. Any structure or furnace in which combustion takes place, the primary purpose of which is the reduction in volume and weight of unwanted material. The incinerator shall meet 2007 Oregon Fire Code requirements in Section 603.8.

Non-Burn Days. Days between November 1 and April 30 that Umatilla County does not allow burning.

Non-Certified Wood-Burning Stove or Fireplace Insert. A solid-fuel burning residential space-heating appliance that has not been certified by either DEQ or EPA as complying with smoke emission standards. It does not include fireplaces or exempt fuel-fired appliances.

Nuisance Burning. Any burning that is in violation of Ordinance 2422 § 7 or any other State of Oregon regulations or any burning that causes a nuisance to the public.

Open/Outdoor Burning. Any burning conducted in such a manner that combustion air is not effectively controlled and that combustion products are not vented through a stack or chimney, including but not limited to, burning conducted in open outdoor fireplaces, burn barrels and backyard incinerators. Outdoor cooking fires and propane, natural gas, or briquette barbecues used exclusively for cooking are not included. Outdoor hearth fireplaces and chimeres (chimney patio fireplaces) with spark arresters (i.e. screens on chimney, etc.) used for cooking and/or heating purposes only are not included.

Pellet Stove. A solid-fuel burning appliance designed and operated to burn manufactured solid fuel (wood pellets) as its primary source of fuel and having an air-to-fuel ratio greater than 35:1.

Person. Person shall include any individual, corporation, association, partnership, firm, trustee, legal representative, or any combination thereof.

Prohibited Materials. Any combustible material as defined by the State of Oregon’s prohibited materials open burning rule, OAR 340-264-0060(3), which includes wet garbage, plastic, asbestos, wire insulation, automobile parts, asphalt, petroleum products, petroleum-treated material, rubber products, animal remains, or animal or vegetable matter resulting from the handling, preparation, cooking or service of food or any other material which normally emits dense smoke or noxious odors when burned. Also included are coal and any open burned materials that cause a public or private nuisance or a hazard to public safety.

Responsible Person. A person eighteen (18) years of age or older, authorized by the property owner to attend an open burning fire and who is capable of and has the necessary equipment to extinguish an open burning fire or accidental secondary fire. The Responsible Person may be held responsible for any resulting damages.

Sole Source of Heat. One or more residential solid-fuel burning appliances that constitute the only source of space heat in a private residence. No residential solid -fuel burning appliance or devices shall be considered to be the sole source of heat if the private residence is equipped with a permanently installed working system such as oil, natural gas, electric, geothermal, solar or propane heating system whether connected or disconnected from its source.

Solid-Fuel Burning Appliance. A device designed for solid fuel combustion for the purpose of heating the interior of a building, including but not limited to, cordwood stoves, wood burning stoves, fireplace stove inserts, fireplaces, solid-fuel-fired cook stoves and combination fuel furnaces or boilers which use solid fuels.

Unconfined Burning Pile. A pile of combustible materials which is not confined to a burn barrel or incinerator.

Wood-Burning Stove or Wood Heater. An enclosed wood-burning appliance capable of and intended for space heating or domestic water heating.

Section 3. Restriction on Wood-Burning Stoves and Other Solid-Fuel Burning Devices.

The burning of any materials other than wood in wood-burning stoves and other solid-fuel burning appliances is prohibited, except paper may be used as a starting agent. Wood-burning stoves, fireplaces, outdoor hearth fireplaces or chimeres (chimney patio fireplaces) must be used for heating purposes only and may not be used to burn garbage, cardboard, plastic, leaves, twigs, yard debris, or any prohibited materials.

Section 4. Open/Outdoor Burning

1. A. The use of burn barrels or other burning containers as well as incinerators is allowed under the following conditions in the Hermiston Fire and Emergency Services District.
   1. Burn barrel is no higher than three feet tall
   2. Burn barrel shall have air holes, be in good condition and have a screen top when in use
   3. All weeds and other combustible material shall be at least a minimum of five feet away from burn barrel
   4. Only paper (preferably shredded paper) and cardboard is to be burned
   5. Incinerators must meet the requirements in the 2007 Oregon Fire Code
   6. All other burning rules for open burning shall apply
2. Designated open burning period shall be the following days:
   1. October 1 to October 31 2. May 1 to May 31
3. Restricted open burning period shall be November 1 to April 30. Hermiston Fire and Emergency Services will allow open burning only during burn days allowed by Umatilla County. The responsible party who wishes to conduct open burning must call 541-278-6397 or 1-800-305-2876 to determine whether it is a burn day or non-burn day. All rules for unconfined burning piles shall apply.
4. Open Burning shall be prohibited from June 1 to September 30.
5. Burning of yard debris, which includes limbs, twigs, and cut trees shrubbery, but excludes tree leaves, grass clippings and other slow burning vegetable material, is allowed during designated open burning periods.
6. Open burning shall be conducted after 10:00 AM and shall be extinguished no later than two (2) hours before sunset unless permission is given by the Hermiston Fire and Emergency Services.
7. The Fire Chief or Fire Chief Designee has the right to suspend the burning period for good cause.
8. Hermiston Fire and Emergency Services Burn Policy does not apply to;
   1. Barbecue type equipment.
   2. Recreational burning, cooking fires no larger than 3 feet x 3 feet.
   3. Ceremonial Fires.
   4. Fires permitted by any public agency, when set or permitted in the performance of official duty.
   5. Fires used (pursuant to permit) for the purpose of instruction of employees of private industrial concerns in methods of fire fighting. An approved instructor must be present. ORS Div. 264, 340-264-0040
   6. Agricultural burns – field burning over two (2) acres.
   7. Ditch burning done by the Hermiston Irrigation District for removal of weeds.
9. Open burning of construction, demolition and commercial waste within the City of Hermiston and within a three (3) mile radius of the City of Hermiston requires an open burn letter from Oregon Department of Environmental Quality (ODEQ) and the Hermiston Fire and Emergency Services (HFES). Once domestic waste is removed from the property of its origin, it becomes commercial waste, and permits from ODEQ and HFES are required.
10. Tree stumps may not be open burned unless they have first been removed from the ground and let dry, so they will burn without creating a dense smoke and without smoldering for an extended period of time.
11. All unconfined burning piles shall be located so as to provide a safety area around any fire. The location for open burning of burn piles 3 feet in diameter or less and 2 feet in height or less shall not be less than 25 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 25 feet of any structure. The location for open burning of piles larger than 3 feet in diameter shall not be less than 50 feet (15.24 m) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.
12. All unconfined burning piles shall be constantly supervised until the fire is dead out. Safety equipment shall be readily available during burning for use in extinguishing the fire. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment such as water, garden hose or water truck shall be available for immediate utilization.
13. Open burning shall only be conducted by a responsible person and shall be attended until completely extinguished.
14. The responsible person in charge of conducting open burning shall be held liable for all damage resulting from the burning and will be subject to any penalties for the violation of this ordinance or the regulations of the State of Oregon.

Section 5. Violation and Penalties

1. Offenses under this section shall be tried in the municipal court as a violation and not as a crime.
2. Every full day during which an activity continues to be conducted in violation of this Ordinance shall be considered a separate offense.
3. Each violation of the Hermiston Fire and Emergency Services Burn Policy may be punishable by a fine not to exceed $250.00 or the cost of reimbursement for apparatus and personnel, which ever is greater.
4. Procedure for violation of open burning policy
   1. First violation – documented warning.
   2. Second violation – written warning sent to violator.
   3. Third violation – Court summons written and violators name is sent to DEQ with reports and copies of the warnings.
5. Hermiston Fire and Emergency Services may move directly to a written Court summons, and violator’s name will be sent to DEQ with reports and copies of the warnings depending on the severity of the violation.

Section 6. Response Policy for Illegal Burning

Section 7. Response Policy for Nuisance Burning

1. Three calls must be received for a nuisance burning response.
2. A staff officer shall respond to a third call of a nuisance fire.

Section 8. Ceremonial Fires

1. Groups or organizations must have site inspected and permission granted before a ceremonial fire.
2. All rules for unconfined burning piles shall apply.

Section 9. Cooking Fires and Recreational Fires

1. Cooking Fires and Recreational fires shall be no larger than 3 x 3feet.
2. All rules for burning shall apply.
3. Cooking Fires larger than 3 x 3 feet are allowed only after permission is granted by Hermiston Fire and Emergency Services.

Section 10. Agricultural Burning and Ditch Burning

1. All agriculture burning of acreage under two (2) acres and ditch burning shall be subject to Umatilla County Burn Policy. The responsible party who wishes to conduct agricultural burning of this size must call 541-278-6397 or 1-800-305-2876 to determine whether it is a burn day or non-burn day.
2. All rules for burning shall apply.

Section 11. Policy to Allow Burning not During Designated Burning Period

1. Hermiston Fire and Emergency Services may allow burning for special circumstances.
2. Hermiston Fire and Emergency Services Fire Marshal may allow a special burning permit after inspecting the site and issuing a burning permit.
3. All rules for burning shall apply.
4. Special permit and inspection shall be $50.00.