Siskiyou County Municipal Code Ch. 3 Fire Hazards and Fire Permits

* Chapter 3 entitled "Fire Prevention", consisting of Sections 3-3.01 and 3-3.02, codified from Ordinance No. 115, Sections 3-3.03 through 3-3.05, codified from Ordinance No. 191, and Section 3-3.06, codified from Ordinance No. 205, repealed by Section II, Ordinance No. 460, effective May 9, 1968.

This Chapter shall be known as the "Siskiyou County Fire Control and Fire Hazard Regulations". It is hereby declared that the purpose of this Chapter is to further the public interest, welfare, and safety by providing regulations concerning the maintenance of flammable material and other fire hazards as well as the requirement of fire permits in the unincorporated area of the County.

(§ I, Ord. 460, eff. May 9, 1968)

Any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered land, brush-covered land, grass-covered land, or any land which is covered with flammable materials shall at all times conform to the requirements set forth in this Chapter.

Sec. 3-3.02.1. Maintenance of firebreaks.

All persons shall maintain around and adjacent to such buildings or structures within the area defined in Section 3-3.02 of this Chapter firebreaks made by removing and clearing away, for a distance of not less than thirty (30′) feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. The provisions of this subsection shall not apply to single specimens of trees, ornamental shrubbery, or similar plants which are used as ground cover if they do not form a means of rapidly transmitting fire from the native growth to any building or structure.

Sec. 3-3.02.2. Removal of flammable materials near buildings and structures.

All persons shall maintain around and adjacent to such buildings or structures within the area defined in Section 3-3.02 of this Chapter additional fire protection or firebreaks made by removing all brush, flammable vegetation, or combustible growth which is located from 30 feet to 100 feet from such buildings or structures or to the property line, whichever is nearer, or as may be required by an authorized official if he finds that, because of extra hazardous conditions, a firebreak of only thirty (30') feet around such building or structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than thirty (30') feet from such buildings or structures, and less than eighteen (18″) inches in height above the ground, may be maintained where necessary to stabilize the soil and prevent erosion.

Sec. 3-3.02.3. Removal of trees near chimney outlets.

All persons shall remove that portion of any tree which extends within ten (10') feet of the outlet of any chimney or stovepipe, and such persons shall maintain any tree adjacent to or overhanging any building free of dead or dying wood. All persons shall maintain the roof of any structure free of leaves, needles, or other dead vegetative growth.

(§ I, Ord. 460, eff. May 9, 1968)

It shall be unlawful for any person to store, accumulate, or maintain flammable material in such a manner that it constitutes a fire hazard to adjacent properties or improvements, unless such material is surrounded by an adequate firebreak made by removing all flammable vegetation, growth, or debris.

Sec. 3-3.03.1. Exceptions for processors of industrial or forest products.

Processors of industrial or forest products shall be exempt from the provisions of this Chapter but shall comply with the provisions of Sections 4437, 4438, 4439, and 4440 of the Public Resources Code of the State and all subsequent revisions of that chapter.

Sec. 3-3.03.2. Storage of explosives.

The storage of explosives shall be in compliance with the regulations of the State Fire Marshal as set forth in Title 19 of the Administrative Code of the State. The Sheriff-Coroner is authorized, pursuant to Section 12007 of the Health and Safety Code of the State, to issue permits for explosives and make inspections of sites storing explosives.

(§ I, Ord. 460, eff. May 9, 1968, as amended by § I, Ord. 801, eff. May 11, 1978)

It shall be unlawful for any person to set fire to or burn any flammable vegetation, waste, debris, or any other flammable material, either upon his own property or upon the property of another, on private lands in the unincorporated territory of the County during the period from April 1 through December 1 of any year, and at such other times of the year when unusual fire danger shall be declared to exist by the State Director of the Department of Conservation, without first obtaining a written permit from the Chief of the Fire Department or State or Federal Forest Ranger having jurisdiction over the area in which the burning is to be done.

Sec. 3-3.04.1. Description of permits.

Permits issued as required by the provisions of this Chapter shall be in writing and shall state the time of day and general rules of reasonable precaution for the guidance of the permittee. Any violation of the terms of a permit issued in accordance with the provisions of this Chapter and the laws of the State shall be prima facie evidence of noncompliance and shall render such permit null and void.

(§ I, Ord. 460, eff. May 9, 1968)

All peace officers shall be entitled to enforce any provision of this Chapter. The State Forester and all of his agents, duly authorized by the laws of the State, all United States Forest Service Officers, and officers of legally constituted fire protection or utility districts are hereby designated as, and given the powers of, peace officers for the purpose of enforcing the provisions of this Chapter.

(§ I, Ord. 460, eff. May 9, 1968)

(a) Prohibited. It shall be unlawful for any person to ignite or smoke cigars, cigarettes, or other forms of tobacco or narcotics between August 24, 1971, and December 1, 1971, and thereafter each year from the period of April 1 to November 30, inclusive, while traveling on foot, cycle, or domestic animal in grain, grass, stubble, brush, timber, or other inflammable vegetative covers and in areas posted against smoking.

(b) Permitted. Smoking shall be permitted as follows:

(1) In improved campgrounds;

(2) Inside vehicles on roads;

(3) At places of habitation; and

(4) While stopped in a cleared or barren area at least three (3') feet in diameter.

In all instances burning and glowing substances shall be completely extinguished before being discarded.

(Ord. 548, eff. August 24, 1971)