San Luis Obispo County Municipal Code Ch. 16.04 California Fire Code—burning Limitations

In the county outside of incorporated cities and towns, it is unlawful for any person to use fire for clearing land, or to burn brush, slash, grass, stubble or other inflammable material upon land the exterior boundaries of which are within five hundred feet of any forest, brush, or grass covered land, or lands containing any inflammable growth or material, without first obtaining a written permit as provided for in Section 16.04.110.

(Prior code § 4-001.1)

(Ord. No. 3401, § 1, 11-19-19; Ord. No. 3481, § 1, 11-8-22)

In the county outside of incorporated cities and towns, it is unlawful for any person to ignite or use a campfire within thirty feet of any brush, grass or forest covered land without first having obtained a written permit as provided for in Section 16.04.110, and provided further that upon privately owned lands it shall be necessary to have a written permit from the owner, lessee or agent thereof; provided, however, that it shall not be necessary for the owner, lessee or agent of any privately owned land to secure a permit for a campfire on any lands under his, her or its control.

(Prior code § 4-001.2)

(Ord. No. 3401, § 1, 11-19-19)

In the county outside of incorporated cities and towns, it is unlawful for any person to burn any charcoal pit, or to blast with dynamite, powder or other explosive within one hundred feet of any forest, brush or grass covered land, or land containing any inflammable growth or material, or to use any blow torch, acetylene torch, electric welder or forge within thirty feet of any forest, brush or grass covered land or lands containing any inflammable growth or material, without first obtaining a written permit as provided for in Section 16.04.110.

(Prior code § 4-001.3)

(Ord. No. 3401, § 1, 11-19-19)

In the county outside of incorporated cities and towns, it is unlawful for any person to build any fire out of doors for the purpose of burning papers, leaves or other inflammable material whether in an incinerator or in small piles between the hours of nine a.m. of any one day and five a.m. of the following day, or within thirty feet of any building or structure or land covered with grass, brush, stubble, grain, hay or other inflammable material, or to leave such fire burning or unextinguished without some person in attendance, or to allow such fire to spread so as to damage persons or property.

(Prior code § 4-001.4)

(Ord. No. 3401, § 1, 11-19-19; Ord. No. 3481, § 1, 11-8-22)

In the county outside of incorporated cities and towns, it is unlawful for any person to operate or maintain for public or private use any campground, picnic ground or recreational area, the exterior boundaries of which are within five hundred feet of any lands covered with grass, grain, stubble, brush or other inflammable material without first having obtained a written permit as provided for in Section 16.04.110, permitting the operation or use of the campground, picnic ground or recreational area, and said permit to contain such stipulations and restrictions as the locality may require to protect the adjoining or abutting lands from fire.

(Prior code § 4-001.5)

(Ord. No. 3401, § 1, 11-19-19)

Requirements for hazard reduction are now located in Chapter 16.30 San Luis Obispo County Hazard Abatement Ordinance.

(Prior code § 4-001.6)

(Ord. No. 3401, § 1, 11-19-19; Ord. No. 3554, § 1, 10-21-25)

In the county outside of incorporated cities and towns, it is unlawful for any person to permit or allow any rubbish dump to exist, or to permit or allow the dumping of any rubbish upon lands under his, her or its control the exterior boundaries of which are less than five hundred feet from land covered with grass, grain, hay, stubble, brush, timber or other inflammable material without first having secured a written permit as provided for in Section 16.04.110, and it is unlawful for any person to dump, discard or dispose of any rubbish, paper, shavings, products of petroleum or other combustible or inflammable materials which constitutes a fire menace, except upon or within an authorized and permitted rubbish dump, such rubbish or combustible or inflammable materials to be buried with earth or destroyed by fire by such persons, forester, county forester or their agents or U.S. Forest Officers with Los Padres National Forest.

(Prior code § 4-001.7)

(Ord. No. 3401, § 1, 11-19-19)

In the county outside of incorporated cities and towns, it is unlawful for any person to light, ignite or otherwise set fire to, or smoke any tobacco, cigarette, pipe, or cigar or camp or picnic upon any federal or county road, right-of-way, trail, or upon any area that is covered with inflammable growth, or upon any wharf, except at places of habitation, improved campgrounds, county parks and/or places designated for smoking and so posted, provided the entrance or entrances to such federal or county roads, rights-of-way, trails, wharves or area if posted with signs prohibiting any or all of the said acts.

(Ord. 885 § 1, 1966: prior code § 4-001.8)

(Ord. No. 3401, § 1, 11-19-19)

In the county outside of incorporated cities and towns, it is unlawful for any person to throw or place a cigarette, cigar, match, ashes, rodent or predatory animal bait containing phosphorus as an ingredient, or other flaming or glowing substance or thing that may cause a fire in any place where such cigarette, cigar, match, ashes, rodent or predatory animal bait containing phosphorus as an ingredient, or other flaming or glowing substance or other substances or things, may cause a fire, or may directly or through the intervention of other causes start fire.

(Prior code § 4-001.9)

(Ord. No. 3401, § 1, 11-19-19)

In the county outside of incorporated cities and towns, it is unlawful for any person to operate any boiler, firebox, or stationary engine within a radius of one hundred feet of any forest, brush or grass covered land or land containing any inflammable growth or material.

(Prior code § 4-001.10)

(Ord. No. 3401, § 1, 11-19-19)

For the purpose of carrying out the provisions contained in this chapter the State Forester and the county forester or their agents, and/or the U.S. Forest Officers within Los Padres National Forest, are empowered to enforce the provisions hereof and to issue permits in writing, and to inspect and abate any conditions that might constitute a fire menace or a menace to the public peace, health, or safety as hereinbefore mentioned, and shall include in any permits issued such safeguarding restrictions and precautions as are reasonably necessary to prevent such fires or the use of fire from endangering life or property. No permit issued shall exonerate any person from civil or criminal liability in case injury results from such fire to persons or property, and any State Forester or county forester or their agents, and/or U.S. Forest Officers within Los Padres National Forest, are empowered to refuse, revoke, or postpone permits when necessary for the protection of life or property.

(Prior code § 4-001.11)

(Ord. No. 3401, § 1, 11-19-19)

Whenever the county contracts with the state, through the department of forestry, for the performance of functions for the prevention or suppression of fires within the county, the unit chief shall be deemed to be the county fire warden and may exercise the same powers and duties within the county for the prevention and suppression of fires which by state law is conferred upon the county fire warden.

(Ord. 1952 § 1, 1979)

(Ord. No. 3401, § 1, 11-19-19; Ord. No. 3554, § 1, 10-21-25)