Ordinance No. 1238 02-26-2007I
ORDINANCE NO. 1238 S
AN ORDINANCE AMENDING CHAPTERS 11 AND 108 OF THE FRIDLEY CITY
CODE PERTAINING TO FEES AND OPEN BURNING AND SUMMARY
Title.
An ordinance of the City of Fridley, Minnesota, to amend the Fridley City Code pertaining to
fees and open burning and to align code language with existing practices.
II. Summary.
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 11 is hereby amended to reflect a change in the fees for open burning.
That Chapter 108 is hereby amended to establish a permit process for open burning and provide
legislation for enforcement of the currently practiced rules for open burning and recreational
fires.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the City of Fridley's Open Burning code and fee. A copy of the ordinance, in its entirety, is
available for inspection by any person during regular business hours at the offices of the City
Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, Minnesota.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
26TH DAY OF FEBRUARY 2007.
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ATTEST:
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DEBRA A. SKOGE , CITY CLERK
First Reading: January 22, 2007
Second Reading: February 26, 2007
Published: March 1, 2007
ORDINANCE NO. 1238
AN ORDINANCE AMENDING CHAPTERS 11 AND 108 OF THE FRIDLEY CITY CODE
PERTAINING TO FEES AND OPEN BURNING
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley City Code be hereby amended by:
Section 1. Ordain that Chapter 108 be amended by adding the following language:
108.12 OPEN BURNING
1. Open Burnin� Prohibited. Except as otherwise permitted by this section, all open burning is
prohibited in the City of Fridle�
2. Definitions. For the purposes of this section the followin� definitions shall a�plv:
A. "Open Fire" or "Open Burnin�" means the burnin� of materials wherein products of
combustion are emitted directly into the ambient air without passin_ t� hrou�h a stack or chimneX
from an enclosed chamber. Open burnin� does not include road flares, smud�,epots and similar
devices associated with safety or occupational uses tXpically considered open flames or
recreational fires. For the purposes of this definition, a chamber shall be re�arded as enclosed
when, durin� the time combustion occurs, onl�pertures, ducts, stacks, flues or chimne�
necessar.�provide combustion air and permit the escape of exhaust �as are open.
B. "Person" includes any natural person actin� either personally or in any representative capacitX,
a corporation, a firm, a co-partnership, or an association of any nature or kind.
C. "Starter Fuels" mean drY, untreated, unpainted wood or charcoal fire starter. Paraffin candles
and alcohols are permitted as starter fuels and as aids to i�nition only. Propane �as torches or
other clean �as burnin� devices causin� minimal pollution may be used to start an open fire.
D. "Wood" means drY, clean fuel only such as twi�s, branches, limbs, commercially made lo�s
for heatin�, charcoal, cord wood or untreated dimensional lumber. "Wood" does not include
wood that is �reen, leaves or needles, rotten, wet, oil soaked or treated with paint, �lue or
preservatives. Clean pallets may be used for recreational fires when cut into three foot len�;ths.
E. "Recreational Fire" means a fire set for cookin�, warmin� or ceremonial purposes which is not
more than three (3) feet in diameter b.�2) feet hi�h, and has had the �round five (5) feet
from the base of the fire cleared of all combustible material.
F. `Burnin� Permit" is a permit issued by the Fire Chief or desi�nee authorizin� fires exempted
from the _ e� neral provisions hereof and settin� conditions therefore.
G. `Burner" means a firebox, barrel or similar container used for an outdoor fire, but not
includin��rills or barbecues used principally for the cookin� of food, or outdoor fireplaces.
H. "Outdoor Fire Place" means a manufactured freestandin_� fire pit or barbecue pit a�proved and
listed by a nationally reco�nized a_�ency such as Underwriters Laboratories (UL) for the purpose
of recreational fires that is enclosed with spark arrestin� screenin� and is used per the
manufacturer's instructions.
Ordinance No. Page 2
L`Bon Fire" means an outdoor fire utilized for ceremonial purposes.
J. "Fire Extin_ui� shing Equipment" means an��proved equipment and material such as a fire
extin�uisher with a minimum 4-A ratin�,=�arden hose and water su�plv, or shovel and sand, that
is used for the purpose of extin_ui� shin_� a fire.
3. Exemptions. The followin� tvpes of open burnin� shall be exempt from the prohibition of Section
108.11-1:
A. Recreational fires subject to the conditions of Section 108.11-12.
B. Fires purposely set under the supervision of the Fire Department for the
instruction and trainin� of fire fi_�htin�ersonnel.
C. Fires for which a burnin� permit has been obtained.
4. Burnin� Permit. Except for permits issued by the Minnesota Department of Natural Resources for
fire trainin_� and permanent burn sites, the Fire Chief or desi�nee may issue a burnin� permit for
any of the followin�:
A. Fires set for the elimination of a fire hazard which cannot be abated by any other practical
means.
B. Fires purposely set for forest, prairie and �ame mana_e� ment purposes when no other
alternative methods are practical.
C. The burnin� of trees, brush, �rass and other ve�etable matter in the clearin� of land, the
maintenance of street, roadwaY, hi _�hway or railroad ri�ht-of-waY, park land and in accepted
a�ricultural land mana_e� ment practices where chi�pin_,� compostin�, landscapin� or other
alternative methods are not practical.
D. The disposal of diseased trees �enerated on site or diseased or infected nursery stock.
E. Ground thawin� for utility repair and construction.
F. Bon Fires under the direct supervision of the Fire Department.
5. Prohibited Materials.
A. No permit may be issued for the open burnin� of oils, petro fuels, rubber, plastics, chemicallX
treated materials or other materials which produce excessive or noxious smoke such as tires,
railroad ties, treated, painted or �lued wood, composite shin�les, tar paper, insulation,
composition board, sheetrock, wirin� paint or paint filters.
B. No permit shall be issued for the open burnin� of hazardous waste or salvage
operations, solid waste �enerated from an industrial or manufacturin�rocess or from a service or
commercial establishment, or buildin� material �enerated from demolition of commercial or
industrial structures, or discarded material resultin� from the handlin�,�processin_,� stora�e
preparation, servin� or consumption of food.
Ordinance No.
6. Procedure for Permit Issuance.
Page 3
A. A�plication for a burnin� permit shall be submitted to the Fire Chief on a form prescribed bX
the Citv.
B. The Permit fee shall be as provided in chapter 11 ofthe City Code.
C. The Fire Chief, or desi�nee, shall review the a�plication to insure compliance with the
provisions of this section and an��plicable State laws and/or re�ulations.
D. The Fire Chief, or desi�nee, ma.�pect the proposed burn site on such occasions and at such
time as is deemed necessary to adequately review the a�plication. Submission of the a�plication
shall constitute authorization for the Fire Chief, or desi�nee, to enter the premises for this
purpose.
E. Within five business da�, excludin� Saturda�, Sundays and le�al holida�, after receipt of
the a�plication the Fire Chief, or desi�nee, shall either �rant or den. t��plication.
7. Denial of Permit.
A. A�plication for a burnin� permit may be denied for any one of the followin� reasons:
1. The proposed fire or burn site does not meet the requirements of this section.
2. The Fire Chief, or desi�nee, determines that there is a practical alternative method of
disposal of the material.
3. The Fire Chief, or desi�nee, determines that the fire would result in a pollution or
nuisance condition.
4. The Fire Chief, or desi�nee, determines that the burn cannot be safely conducted and
no plan has been submitted to adequately address the safety concerns.
5. The location of the burnin� shall not be within 600 feet of an occupied residence other
than those located on the property on which the burnin� is conducted.
6. The denial of an��plication shall be in writin� and shall state the reasons for the
denial.
B. An�person a�rieved by the denial of a burnin� permit ma��peal that decision to the CitX
Council by submittin� a written request or a�peal to the Fire Chief s office within ten days after
the date of the denial. The Fire Chief shall submit the a�peal request to the City Mana_ e� r for
placement on the next available a_ e� nda.
8. Responsibilities of Permit Holder. The holder of an�permit shall be responsible for the
followin�:
A. Have a valid permit in possession at the burn site at all times durin� the burn.
B. Prior to startin� burn, confirmin� that no burnin� ban or air quality alert is in effect.
C. Constant attendance b.�permit holder or competent representative durin� a burn event.
Ordinance No.
Page 4
D. Availability at the burn site of a�propriate communication and fire extin_ui� shing equipment as
required b.�permit or any fire safet�plan a�proved by the Fire Chief, or desi�nee, as part of
the permit process.
E. Not allowin� the fire to smolder.
F. Bein� sure that the fire is completely extin�uished before the permit holder or
representative leaves the site.
G. All costs incurred as a result of the burn includin�, but not limited to, fire suppression,
administrative fees,�roperty dama_e� and personal injuries.
9. Revocation of Permit. An officer of the Minnesota Department of Natural Resources, the Fire
Chief, or desi�nee, may revoke any burnin� permit for a�propriate reasons includin�, but not
limited to:
A. A fire hazard exists or develops durin� the course of the burn.
B. Pollution or nuisance conditions develop durin� the course of the burn.
C. The fire smolders with no flame present.
D. Any of the conditions of the permit are violated durin� the course of the burn.
10. Burnin� Ban or Air Quality Alert. No recreational fire or open burn will be permitted when the
City or the Minnesota Department of Natural Resources has officially declared a burnin� ban due
to potential hazardous fire conditions or when Minnesota Pollution Control A_�ency has declared
an air qualit. a�
11. Use of Burners Prohibited. No person shall use a burner within the Cit�
12. Recreational Burnin�. Recreational fires shall com�lv with the followin� requirements:
A. Burnin� shall be prohibited between 12:00 Midni�ht and 9:00 AM durin� any day of the week.
B. The fire shall not exceed three (3) feet in diameter and a flame hei_h� t of a�proximatel.�2)
feet.
C. Only clean wood or charcoal may be burned. No burnin� of trash, leaves or brush is allowed.
D. The fire is i�nited with an a�proved starter fuel.
E. The fire is constantly attended by an adult person knowled�eable in the use of fire
extin_ui� shing equipment and an adult attendant supervises the fire until the fire has been totallX
extin�uished.
F. Fire-extin_ui� shing equipment is readily available.
Ordinance No.
Page 5
G. Fire is not conducted within twent. -f�25) feet of a structure or combustible material. This
distance may be reduced to within fifteen (15) feet of a structure or combustible material when
contained in an outdoor fireplace or container a�proved by the Fire Chief.
H. Any conditions that could cause a fire to spread to within twent. -f�25) feet of a structure
shall be removed or eliminated prior to i_ni� tion.
L Recreational fires are not permitted on windy days when smoke may create a nuisance.
13. Severabilit. .�y sections, subsection, sentence, clause or phrase of this code section is for anX
reason held to be invalid, such decision shall not affect the validity of the remainin� portions of
the code section. �
Section 2. Ordain that Section 108.12 be enumbered as follows:
108.1�3 VIOLATION PENALTIES.
A person who violates a provision of this code shall be guilty of a misdemeanor.
Section 3. Ordain that Chapter 11 be amended as follows:
11.10. Fees
105.6.31
CHAPTER 11. GENERAL PROVISIONS AND FEES.
108. Permitted Business
Open burning R`T^��* ^'�'^n�°�
tions — Processes and Activities Fees
�4 $95.00
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY
OF FEBRUARY 2007.
,,����
SCOTT J. L , MAYOR
ATTEST:
��
DEBRA A. SKOGEN, TY CLERK
First Reading: January 22, 2007
Second Reading: February 26, 2007
Published: March 1, 2007