Visalia Municipal Code Ch. 8.44 Open Burning

Any other provisions of this code notwithstanding, a person shall not kindle or maintain or authorize to be kindled or maintained any open burning or outdoor fires unless conducted under the parameters set forth by Health and Safety Code Sections 40000 et seq. (relating to air pollution control districts), or the rules or regulations of any air pollution control district established pursuant thereto, along with the rules set forth by the California Fire Code and this Chapter of the City of Visalia Municipal Code.

(Ord. 2016-20 § 2 (part), 2016)

For purpose of this chapter, the following terms shall be defined as follows:

"Agricultural burning" means burning of trimmings, stubble, or other residue incident to commercial farming operations.

"Bonfire" means an outdoor fire that is larger than three feet in diameter and one foot in height.

"Ceremonial or theatrical fire" means a bonfire, open burning, or use of flames larger than a candle during an outdoor special event, ceremony or outdoor theatrical performance. Use of fire or pyrotechnics during indoor performances is separately regulated by the provisions of the California Fire Code in effect under state law and Chapter 8.20 of the Visalia Municipal Code.

"City" means the city of Visalia.

''Cooking fires" means a barbecue, grill or similar heating or cooking device being used for heating or cooking of food.

"Deep pit barbecue" refers to a method and constructed item for barbecue cooking meat below the surface of the earth.

"Dwelling units" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Fire Code Official" means the fire chief, fire marshal or other designated authority charged with the administration and enforcement of this chapter, or a duly authorized representative.

"Kindle" means sparked, lit, burned, burnt, ignited, torched, set a light, set on fire.

"One- and two-family dwellings" means a building that does not contain more than two dwelling units.

"Open burning" means the burning of solid materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney within a building. This term excludes "safe and sane fireworks " that are otherwise permitted for use by state law and Chapter 8.24 of the Visalia Municipal Code.

"Outdoor fireplace" means an outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. An outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.

(Ord. 2016-20 § 2 (part), 2016)

The following types of open burning are prohibited:

1. Open burning of trimmings, stubble, or other cut vegetation unless the exception stated below for commercial agricultural operations with a burn permit issued pursuant to San Joaquin Valley Air Pollution Control District and the city of Visalia requirements applies;

2. Open burning of waste materials, rubbish, trash, plastic, demolition or construction material, feces, or wood with coatings or preservatives;

3. Open burning that is deemed by the fire code official as roaring or out of control fires;

4. Open burning within proximity of dry weeds or other hazards conditions that could cause a fire to spread or fires that are not constantly supervised;

5. Open burning determined by the fire code official that are causing smoke emissions offensive to the surrounding neighbors or if the fire involves a hazardous or offensive condition such as odor, atmospheric conditions, local circumstances or the fire is not at an adequate distance away from a structure or other type of combustible material;

6. No open burning may be conducted at commercial and multi-family property unless it falls within the exceptions listed in this chapter for cooking fires or outdoor fireplaces;

7. All open burning that does not otherwise comply with the prevision set forth by this chapter, the California Fire Code and San Joaquin Valley Air Pollution Control District, including but not limited to agricultural burning on non-burn days or a "wood burning device use prohibited" as determined by the San Joaquin Valley Air Pollution Control District is prohibited.

(Ord. 2016-20 § 2 (part), 2016)

The following types of open burning are not prohibited or intended to be regulated by this chapter:

1. Controlled fire for firefighter training, in compliance with Section 4.2.1 of the San Joaquin Valley Air Pollution Control District Rule 4103 that requires a district-approved firefighter training plan be submitted for approval at least fifteen days prior to the date of the proposed burn;

2. The burning of contraband material within the performance of their official duties by law enforcement agencies or fire protection agencies as permitted per Section 41509 of the California Health and Safety Code.

(Ord. 2016-20 § 2 (part), 2016)

A. All cooking fires shall be in constant attendance, located an adequate distance away from a structure or combustible material and have adequate means available to extinguish the fire.

B. Cooking fires operated at a one- or two-family dwelling used for preparing food for human consumption do not require a permit and are permitted by this chapter.

C. When using a barbecue, grill and/or pit barbecue in a commercial setting, a conditional use permit shall be obtained and operations shall be in compliance with the California Fire Code.

(Ord. 2016-20 § 2 (part), 2016)

Outdoor fireplaces are allowed if they comply with the following conditions:

1. It must not be used on a "wood burning device use prohibited" day as determined by the San Joaquin Valley Air Pollution Control District.

2. Fuel is to be clean, dry wood and/or charcoal without coatings or preservatives. No debris, trash, garbage, demolition materials or yard waste shall be burned.

3. The fire is contained in a fire bowl, fire pit, chiminea or outdoor fireplace that has a fire area not larger than three feet in diameter and one foot in height.

4. A homemade fire bowl or pit is permitted if the fire area is not larger than three feet in diameter and one foot in height, and constructed of noncombustible material that contains the fire and its embers.

5. An outdoor fireplace shall not be operated within 15 feet of a structure or combustible material. Exception: Outdoor fireplaces used at one- and two-family dwellings.

6. Conditions such as dry weeds or other hazards that are nearby or may cause a fire to spread from the outdoor fireplace shall be eliminated prior to ignition.

(Ord. 2016-20 § 2 (part), 2016)

Agricultural burning shall be subject to permits from the San Joaquin Valley Air Pollution Control District and the Visalia fire department before agricultural burning can be conducted. Agricultural burning shall be conducted while conforming to the following conditions:

1. All permits shall be obtained by the property owner of record.

2. All agricultural burning shall be conducted by commercial farming operations only.

3. All conditions set forth through the permitting process by the fire code official shall be complied with at all times.

4. Violators may be billed for suppression costs should any action be taken by the Visalia fire department.

Exception: Use of orchard heaters incidental to commercial farming operations in times of heavy frost that are in compliance with San Joaquin Valley Air Pollution Control District Rule 4303 (Orchard Heaters).

(Ord. 2016-20 § 2 (part), 2016)

Ceremonial fires or theatrical fires are not permitted unless the following conditions are met:

1. Permit must be received in advance from the fire official and requests must be made at least fifteen business days prior to the ceremonial fire or theatrical fire. The organizer must provide the specific date the ceremonial fire or theatrical fire will occur, the approximate time it will be lit and extinguished, contact person(s) that will be overseeing it, description of safety precautions around it, plan for extinguishing it, and any other information requested by the fire official.

2. The organizer of the ceremonial fire or theatrical fire must comply with all other relevant Municipal Code requirements, including but not limited to the provisions of the California Fire Code adopted by the city of Visalia.

(Ord. 2016-20 § 2 (part), 2016)

When open burning is in violation with any of the provisions of this chapter, including any violation of the California Fire Code, or creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation.

When the person responsible for the fire, refuses, is unable, or not present at the fire, the Visalia fire department may immediately extinguish any fire in violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of, life, health, property, or essential public services. The Visalia fire department may extinguish a fire without providing prior notice or hearing to the owner or occupier of the offending premises.

A. The owner and/or occupier of the premises or the persons creating, causing, committing, or maintaining the illegal or prohibited outdoor fire shall be subject to any administrative fines (VMC Section 1.13.050), penalties, fees and costs, including reasonable attorney fees, imposed or incurred by the city pursuant to this chapter.

B. Any extinguishment performed by the city pursuant to this section shall be at the expense of the owner and/or occupier of the premises or the persons creating, causing, allowing, permitting, committing, or maintaining the prohibited outdoor fire. The city shall recover its expenses pursuant any of the methods set forth in VMC Section 1.13.110.

(Ord. 2016-20 § 2 (part), 2016)