An Ordinance of the Town of Palisade, Colorado, Enacting a New Article IV, of Chapter 7 of the Palisade Municipal Code Concerning Open Burning and Renumbering Subsequent Articles. Memo From Richard Rupp This is an addition to Article IV of Chapter 7 of the Palisade Municipal Code concerning open burning regulations. This does not affect the Agriculture and Right to Farm, for the control of weeds and maintenance of AFT zoned properties within the Town of Palisade City Limits. As Grand Junction has just tighten their burn regulations and the Mesa County Health is working to maintain good air quality in Mesa County within the valley, I have put this ordinance together to address an area in which needed better clarification and definitions for recreational type fires within Palisade. I did barrow a lot of the ordinance from G.J. (with their OK from Fire Chief Watkins) which pertained to recreational fire. Staff recommends that the Board of Trustees approve adopting Ordinance #2017-11 to maintain safety, better direction, and help air quality and alleviate some of the problems we have been seeing with residents who wish to have a recreational type fire on their property. Section 1. That a new Article IV of Chapter 7 of the Palisade Municipal Code concerning open burning regulations is hereby enacted to read as follows: ARTICLE IV Open Burning Regulations Sec. 7-74 Definitions Sec. 7-75 Outdoor Burning Sec. 7-74. Definitions. Bonfire means an outdoor fire utilized for ceremonial purposes which is limited to a solid wood fuel size in diameter and 4 feet high and conducted by non-profit organizations, religious institutions, school districts, or governments. Fire Official means the Fire Chief or designated authority charged with the administration and the enforcement of Article VIII of the Palisade Municipal Code and/or the most recently adopted version of the International Fire Code (IFC) as a duly authorized designee. Fire Pit (Non-portable, wood burning), means a depression dug into the ground and/or an enclosure made from stones, masonry, etc., for keeping a fire used for cooking or warmth. Non-portable fire pits are regulated as a recreational fire according to the International Fire Code. A recreational fire shall not be conducted within twenty-five feet (25’) of a structure, property line or combustible material. Fire Pit (Portable, wood burning and/or propane gas) means a commercially built, above ground portable device regulated as a portable outdoor fireplace according to the International Fire Code. (Examples of portable fire pits include but are not limited to commercially purchased metal or stone chimeneas, portable fire tables, fireplaces and burn bowls utilized for outdoor purposes). Portable fire pits and fireplaces shall not be operated within fifteen feet (15’) of a structure or combustible material. (See also, Permanent Outdoor Fire Pit of Fireplace.) Household Waste means any waste including garbage and trash, derived from households including single and multiple residences, hotels and motels and other places used for temporary or permanent human habitation. Open Burning means any manner of burning, typically vegetative material, whether caused, suffered or allowed, not in a device or chamber designed to achieve combustion, where the products of combustion are emitted, directly or indirectly into the open air. Open burning does not include detonation of manufactured explosives. The burning of materials wherein products of combustion are emitted directly into ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or portable outdoor fire places. For the purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. Open burning must be conducted at least fifty feet (50’) from any structure (including combustible fences), occupied dwelling, workplace or any other place where people congregate, which is on property owned by or under possessory control of, another person. Permanent Fire Pit or Fireplace means a permanent outdoor, wood burning or gas fire pit or fireplace that is constructed of steel, Iron, concrete, clay, masonry or other noncombustible material(s). A permanent outdoor fire pit or fireplace is above ground and purchased or constructed in a manner that attaches the component to a deck, patio or ground such that it is not portable. A permanent outdoor fireplace or pit may be open in design or may be equipped with a chimney and/or a hearth. Permanent outdoor fire pits and fireplaces burning gas or wood shall not be operated within five feet (5’) of a structure or combustible material unless otherwise approved in accordance with the International Fire Code or International Building Code. Recreational Fire means a wood burning outdoor fire, typically in a homemade enclosure constructed of rocks or bricks or other material which the Fire Official deems safe for the purpose. Recreational fires are not portable and burn materials other than rubbish or household waste and the wood being burned is not being contained in incinerator, permanent or portable outdoor fire pit or fireplace, barbeque grill or barbeque pit and has a total fuel area of three feet (3’) (914mm) or less in diameter and two feet (2’) (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purpose (i.e. fire pits as defined herein, fire rings or campfires). Recreational fires shall not be conducted within twenty-five feet (25’) of a structure, property line or combustible material. When possible wood burning recreational fires should be used with a screen / spark arrestor to reduce the chance of fire spread. Rubbish means combustible and noncombustible waste materials, including residue from burning of coal, wood, coke, or other combustible materials, paper, rags, cartons, tin cans, mineral matter, glass, dust and discarded refrigerators, and heating, cooking or incinerator type appliances. Salvage Operation means any operation to salvage or reclaim any material for use or sale, such as reprocessing of used motor oils, metals, wire, chemicals, shipping containers, or drums, and specifically automobile graveyards and junkyards. Sec. 7-75 Outdoor Burning. (a) Any outdoor burning not expressly allowed, not expressly prohibited or not otherwise specifically addressed under Section 307 of the International Fire Code (IFC) or Section 7-92 of Chapter 7 of the Article IV of the Palisade Municipal Code shall be conducted and be pursuant to and in accordance with a permit issued by the Palisade Fire Department (PFD) or its designee. Instructions and stipulations of the permit shall be adhered to. (b) Outdoor Burning as allowed or prohibited in Section 307 of the International Fire Code is not considered a stationary source for the purposes of applicability of air quality regulations. (c) Outdoor Burning regulations do not extend to indoor burning practices which are subject to the requirements stated in the most recently adopted version of the International Fire Code and/or by Town ordinance. (d) Where conflicts occur between Section 307 of the International Fire Code and this Chapter shall apply, Nothing shall preclude the Fire Official designated by the International Fire Code from enforcing regulatory provisions provided in the most recently adopted version of the International Fire Code that are more restrictive in nature than this Chapter. (e) Requirements that are essential for the public safety of an existing or proposed burning activity which are not specifically provided for by this Chapter or the most recently adopted version of the International Fire Code shall be determined by the Town’s Fire Official. (f) Prohibited Burning. The following shall not be permitted: (1) The burning of household waste or rubbish is prohibited including, but not limited to: a. Natural or synthetic rubber products. Including tires; b. Waste oil and/or used oil filters and any waste automotive, machine fluid or lubricant, pesticide, herbicide, and/or any other chemical, process fluid or the constituents thereof; c. Insulated wire; d. Plastic, including polyvinyl chloride (“PVC”) pipe, tubing and connectors; e. Tar, asphalt, asphalt shingles, or tar paper; f. Railroad ties; g. Wood, wood waste, or lumber which has been painted, stained or which has been treated with preservatives containing arsenic, chromium, pentachlorophenol, or creosote; h. Batteries; i. Motor vehicle bodies; j. Pathogenic wastes; and k. Asbestos or asbestos containing materials; (2) This Section applies to any kind of salvage operation as defined herein. Open burning as part of any salvage operation is prohibited. (g) Restricted Burning. The following are allowed with a permit issued by the Fire Official. (1) Outdoor burning, open burning and ceremonial bonfires are allowed with a permit approved by the Fire Official and when the fires are subject to and in accordance with regulatory, process and safety provisions stated in the permit issued by the Palisade Fire Department or its designee in accordance with Section 7-92 of the Palisade Municipal Code and the most recently adopted version of the International Fire Code. (h) Unrestricted burning. The following are allowed without a permit. (1) Maintenance of canals, irrigation and drainage ditches owned and/or operated by a drainage district or canal and/or irrigation company or district; (2) Cooking Fires; a. Open-flame cooking devices in the form of LP-gas or charcoal burner grills that are subject to regulatory and safety provisions stated in the most recently adopted version of the International Fire Code; and b. Solid-wood fueled cooking fires utilized in outdoor kitchens (permanent masonry fireplaces/pizza ovens), barbeque (also BBQ) smoke houses, BBQ smokers and in-ground cooking pits or devices. (3) Propane or natural gas burning permanent and portable fireplaces and fire pits shall be used in accordance with the manufacturer’s specifications; (4) Permanent outdoor fire pits and fireplaces burning gas or wood shall not be operated within five feet (5’) of a structure or combustible material unless otherwise approved in accordance with the International Residential Code or International Building Code; (5) Portable fire pits and fireplaces burning gas or wood shall not be operated within fifteen feet (15’) of a structure of combustible material; (6) Other liquid-fueled or gas-fueled open-flame devices in the form of heaters and decorative devices such as tiki-torches, lanterns, candles or similar items that are subject to regulatory and safety provisions stated in the most recently adopted International Fire Code; (7) Recreational fires as defined herein. Recreational fires shall not be conducted within twenty-five feet (25’) of a structure or combustible material. When possible recreational fires should be used with a screen/spark arrestor to reduce the change of fire spread; (8) Recreational fires located in developed Town, County or State approved picnic or campground areas contained in portable and non-portable fire pits or fire grates furnished at the picnic or campground area; (9) Burning (flaring) of natural gas at the sewer treatment plant and when performed in conjunction with drilling, completion and work-over operations of oil and gas wells and when the flaring operation of wells is reasonably necessary in the opinion of the well operator to avoid serious hazard safety; and (10) Fire suppression or Palisade Fire Department training operations. Section 2. That the current Article IV of Chapter 7 entitled Weeds, Brush and Rubbish; Article V of Chapter 7 entitled Animals; Article VI of Chapter entitled Emergency Medical Services; Article VII of Chapter 7 entitled Right to Farm; and Article VIII of Chapter 7 entitled Stormwater Management of the Palisade Municipal Code, shall be renumbered accordingly. Section 3. Any part of the Palisade Municipal Code expressly in conflict with this Ordinance is hereby repealed.
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