A. Section 307 of the IFC, entitled “OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES,” is hereby deleted and the following inserted in its place:

SECTION 307 OUTDOOR BURNING

307.1 General. It shall be unlawful and a public nuisance for any person to kindle or maintain or authorize to be kindled or maintained any outdoor burning within the City of Everett.

Exceptions:

1. Residential and commercial outdoor cooking using barbecue grills, barbecue pits, barbecue smokers, and other similar food cooking devices operated in its intended purpose as per manufacturer’s recommendations and complying with Section 308.1.4 and any other provisions found within the Everett Fire Code.

2. Hot food vendors cooking outdoors at events that have been permitted by the City of Everett and are in compliance with hot food vendor guidelines.

3. LP-gas or natural gas recreational fireplaces, fire-bowls, fire-tables, fire-pits, or similar devices operated in its intended purpose as per manufacturer’s recommendations, and previsions found within the Everett Fire Code.

Exception: The use of a LP-gas recreational devices is not permitted to be used on balconies, decks, or within 10 feet of combustible construction of a multi-family building unless provided with an automatic fire sprinkler system.

4. Recreational fires, outdoor fireplaces, fire-bowls, fire-pits, or similar devices that comply with the following requirements:

a. Devices shall be used in accordance with the manufacturer’s instructions

b. Devices shall not be operated within 25 feet of a structure or combustible material. Exception: Devices shall not be operated within 15 feet of a structure or combustible when used at one- and two-family dwellings.

c. Fires shall be limited to three feet in diameter and two feet in height.

5. Bonfires for religious and/or ceremonial purposes with a Fire Permit in compliance with Section 307.2 through 307.2.5.

6. Upon discretion of the fire official, fires that are for the sole purpose of warmth and/or cooking when no other means is available, and the fire does not constitute a hazard.

307.1.2 Prohibited Recreational. Recreational fire shall be prohibited if any of the following conditions exist:

1. The fire creates or adds to a hazardous situation.

2. Atmospheric conditions or local circumstances make such fire hazardous.

3. The fire is determined by the fire code official or his/her designee to be offensive or objectionable because of smoke or odor emissions.

4. When any of the following materials are being burned; garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction/demolition debris, green wood, shrub trimmings, leaves, metal, or any substance that may release toxic emissions.

5. Fires that do not comply with this section and/or other prevision found within the IFC.

307.1.3 Extinguishment authority. Where outdoor burning does not comply with this section and/or other previsions found within the International Fire Code, the fire code official or his/her designee is authorized to order the extinguishment of said fire. The fire department is authorized to extinguish the fire if the responsible person who kindled and/or maintains the fire, or the permit holder, refuses to do so or is unable to do so.

307.2 Permit required. Prior to conducting a bonfire for religious and/or ceremonial purposes a Fire Permit shall be obtain in compliance with Section 307.2 through 307.2.5 and Section 105.6 of the Everett Fire Code.

307.2.1 Authorization. Where required by state or local law or regulations, outdoor burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed. See also chapter 173-425 WAC.

307.2.2 Location. The location of burning shall not be conducted within 50 feet of a structure or combustible material unless the fire is contained in an approved pit. Conditions which could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition. If any provision found within the Everett Fire Code requires a smaller distance from a structure, that provision shall be complied with.

307.2.3 Site-plan. When submitting for a permit for burning, a site plan is required to be provided showing the following:

1. Location of proposed burning in relation to structures and combustible materials.

2. Indicate direction and distance to nearest roads, intersections, structures, access roads, and other geographical features.

3. Potential hazards or conditions that could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.

4. Proposed dimensions of the bonfire (length – width – height).

5. Method of how the fire will be contained.

307.2.4 Fire Safety Plan. In addition to the application and site plan, a fire safety plan shall be submitted and shall address the following items:

1. All burning shall be constantly attended until the fire is extinguished.

a. A minimum of one responsible person shall be present at all times.

b. Attendant shall be at least 18 years of age or older.

c. At no time shall the attendant be under the influence of alcohol.

d. A fire shall not be considered extinguished unless one can handle the ashes without protection.

2. A minimum of one portable fire extinguisher, complying with the Everett Fire Code with a minimum 4-A rating, or other approved on-site fire-extinguishing equipment such as; dirt, sand, water barrel, garden hose, or water truck shall be available for immediate use.

3. The applicant shall identify safety measures to protect attendees from potential injury.

307.2.5 Prohibited burning. A permit application can be denied, or a permit can be revoked after issuance if any of the following conditions exist:

6. The fire creates or adds to a hazardous situation.

7. Atmospheric conditions or local circumstances make such fire hazardous.

8. The fire is determined by the fire code official or his/her designee to be offensive or objectionable because of smoke or odor emissions.

9. When any of the following materials are being burned; garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction/demolition debris, green wood, shrub trimmings, leaves, metal, or any substance that may release toxic emissions.

10. Fires that do not comply with this section and/or other prevision found within the IFC.

11. Any false statement or misrepresentation as to material fact in the information or plans submitted.

12. Fire used for land clearing burning purposes. See also 173-425-040 WAC.