HomeMy WebLinkAboutS22 - Ord No. 2014-2 Fire RingsS = CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No, S22
January 28, 2014
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager (dkiff @newportbeachca.gov)
949 - 644 -3001
APPROVED:. N�
v
TITLE: Ordinance No. 2014- 2: Materials Burned in Beach Fire Rings
ABSTRACT:
The City of Newport Beach ("City") is required to comply with the South Coast Air
Quality Management District's ( "AQMD ") Rule 444 (Open Burning) ( "Rule 444 ") by
March 1, 2014. Rule 444 regulates, in part, the type of material that may be burned in a
fire ring and the proximity of fire rings to each other and residences. In late November
2013, the City Council put forth a compliance plan detailing how the City proposed to
comply with Rule 444 ( "Plan "). For different reasons, neither AQMD nor the California
Coastal Commission staff believed that the Plan was acceptable, but this agenda item
does not address that direct dispute.
The Coastal Commission staff believe the Plan requires a Coastal Development Permit
( "CDP ") prior to implementation. The CDP application process is a long one, and an
action item may take months to appear on a Coastal Commission agenda, especially
given the complexity of the issue.
In the meantime, part of the City Council- adopted Plan included limitations on what can
be burned in fire rings. Natural firewood, low- emission logs, and natural gas all were
acceptable to the City Council in adopting the Plan.
This proposed ordinance would enact those limitations in anticipation of the Plan's later
consideration. It also authorizes the burning of charcoal.
RECOMMENDATION:
Introduce Ordinance No. 2014- 2 relating to Beach Fire Rings; and pass to Second
Reading on February 11, 2014.
FUNDING REQUIREMENTS:
Not applicable.
Ordinance No. 2014 -? : Materials Burned in Beach Fire Rings
January 28, 2014
Page 2
A6Y•i1 &I -11Lai E
Please see the staff report of November 26, 2093 for a detailed discussion of the fire
rings issue as well as to review the Plan adopted by the City Council.
A segment of the City Council- adopted Plan relating to the sixty (60) beach fire rings in
Newport Beach included limiting the type of fuel that can be burned in beach fire rings to
more natural, lower emission fuels such as natural firewood (including charcoal), low -
emission fire logs, and natural gas. We are bringing forth these limitations in advance
of the Plan's final approval by regulatory agencies.
Because the overall Plan may require a CDP from the California Coastal Commission,
and because the Coastal Commission's CDP process typically requires 6 -9 months for
consideration, the Plan itself is likely to not be approved before summer or fall 2014.
Indeed, the City's application is not yet complete nor filed.
However, compliance with AQMD's Rule 444 begins March 1, 2014. AQMD has the
ability to issue monetary fines and other penalties for non - compliance with Rule 444.
To comply with Rule 444 before receiving a CDP, the City's options are somewhat
challenging. The City may:
• Choose to disregard Rule 444's deadline and be subject to AQMD penalty;
• Choose to disregard the assertions of the Coastal Commission that any movement
of the rings, or the adding of infrastructure to create natural -gas fueled rings,
requires a CDP - and be subject to adverse Coastal Commission action; or
• Until such time as the later Plan is implemented, limit the type of fuel used within the
fire rings to a fuel acceptable under Rule 444 that does not require spacing of the
rings.
City staff believes that it is important that the City comply with Rule 444 beginning
March 2014. Therefore, the proposed ordinance would do the following:
• Limit the types of fuel that can be used in beach fire rings to natural firewood
(including charcoal), low- emission fire logs, and natural gas.
• Define these fuels.
• Allow the City Manager or his or her designee to further limit the type of fuel solely to
materials authorized by AQMD for a period of time (likely beginning on the date this
ordinance is adopted, if it is adopted), if doing so is required by Rule 444. If the City
Manager does so, the ordinance requires notification to the public via signage.
ENVIRONMENTAL REVIEW:
Ordinance No. 2014 - 2: Materials Burned in Beach Fire Rings
January 28, 2014
Page 3
Staff recommends the City Council find the introduction and adoption of the attached
ordinance designed to comply with Rule 444 is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code Section
21080(b)(1) and CEQA Guidelines Section 15268(a) because the City's action is
mandated by South Coast Air Quality Management District's Rule 444 and not subject
to the discretion of the City. The City's compliance with Rule 444 is therefore
ministerial. Further, based upon the substantial evidence contained within the City's
staff report of November 26, 2013, changing the fuel source for beach fire rings to
natural gas, natural firewood, low- emission logs, or charcoal will not cause significant
impacts to the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by
L�
Dave Kiff
City Manager
Attachments: A. Proposed Ordinance No. 2014 -?
B. AQMD's Rule 444
ORDINANCE NO. 2014-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA ADDING SECTION
11.08.060 TO CHAPTER 11.08 OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO BEACH FIRE
RINGS
RECITALS
WHEREAS, the City of Newport Beach ( "City') is a tourist destination for millions
of in -state and out of state residents, and international visitors;
WHEREAS, many visitors are drawn to the City for our fresh air, clean ocean
water, and miles of pristine coast line;
WHEREAS, the City provides approximately 27 fire rings at Corona del Mar
State Beach and 33 fire rings on the Balboa Peninsula for the enjoyment of our
residents and visitors;
WHEREAS, the City recognizes the importance of beach recreation and the
cultural significance of fire ring use by both residents and visitors;
WHEREAS, the City understands the competing needs and interests of both
residents and visitors and is aware that fire rings are appreciated by many, but that the
use thereof may result in adjacent residential areas being exposed to unwanted odors
and emissions;
WHEREAS, the City has a compelling interest in the health, safety, and welfare
of both residents and visitors and wishes to prevent any use of fire rings that may
negatively affect beachgoers, residents, and the environment;
WHEREAS, the City believes there is no "one size fits all" solution for fire rings
and that every city and its residents should decide for themselves the best way to
manage fire rings in their jurisdiction; and
WHEREAS, the City desires to implement the regulations contained in this
ordinance for a fixed period of time to determine their effectiveness in improving
beachgoers and residents' experiences and overall impact on the environment.
NOW THEREFORE, the City Council of the City of Newport Beach does ordain
as follows:
1
Section 1: Newport Beach Municipal Code Section 11.08.060 is added to
Newport Beach Municipal Code Chapter 11.08 to read as follows:
11.08.060 Use of Beach Fire Rings.
A. No person shall burn, ignite or otherwise set on fire any material in
a fire ring or fire pit, except natural wood, natural gas, fire log(s), or
charcoal.
B. To comply with South Coast Air Quality Management District
('SCAQMD') Rule 444, the City Manager may limit or prohibit the
burning of all materials in a fire ring or fire pit, except for a material
authorized by SCAQMD, provided that the City Manager notifies
the public of this restriction by placing a sign within 500 feet of the
fire ring(s) subject to this restriction. This Subsection (B) of Section
11.08.060 shall automatically sunset and be of no further effect as
of November 1, 2016.
C. For purposes of this Section, the following terms shall be defined as
follows:
1. 'Natural Wood' means the hard fibrous substance consisting
basically of xylem that makes up the greater part of the stems,
branches, and roots of trees and shall not include any material
that has been processed or treated including, but not limited to,
wooden pallets, books, newspapers, furniture, or construction
materials.
2. 'Natural Gas' means any hydrocarbon rich gas naturally found in
the atmosphere.
3. 'Fire Log' means any manufactured log constructed of sawdust;
sawdust and paraffin; or waste fiber from the oil palm.
4. 'Charcoal' means a carbon substance obtained as a residue
when wood or other organic matter is heated in the absence of
air.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared unconstitutional.
4
Section 4: The City Council finds the approval of this ordinance is not subject
to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
Section 5: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published pursuant to
Charter Section 414, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 28 day of January, 2014, and adopted on the 11 day of
February, 2014, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMB
ABSENT COUNCIL MEMBERS
MA
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFIC
Aaron C. Harp, City Attarney
191
Rush N. Hill. II
(Adopted October 8, 1976)(Amended October 2, 198 1)
(Amended October 2, 1987)(Amended December 21, 2001)
(Amended November 7, 2008)(Amended May 3, 2013)
(Amended July 12, 2013)
RULE 444. OPEN BURNING
(a) Purpose
The purpose of this rule is to ensure open burning in the District is conducted in a
manner that minimizes emissions and impacts, and that smoke is managed
consistent with state and federal law in order to protect public health and safety.
(b) Applicability
The provisions of this rule shall apply to any person conducting or allowing any
open burning including, but not limited to:
(1) Agricultural burning
(2) Disposal of Russian thistle (Salsola kah or "tumbleweed ")
(3) Prescribed burning
(4) Fire prevention/suppression training
(5) Open detonation or use of pyrotechnics
(6) Fire hazard removal
(7) Disposal of infectious waste, other than hospital waste
(8) Research of testing materials, equipment or techniques
(9) Disposal of contraband
(10) Residential burning
(I1) Beach burning
(c) Definitions
(1) AGRICULTURAL BURNING means open buming of vegetative
materials produced wholly from the growing and harvesting of crops in
agricultural operations, including the burning of grass and weeds in fence
rows, ditch banks and berms in non - tillage orchard operations, fields being
prepared for cultivation, agricultural wastes, and the operation or
maintenance of a system for the delivery of water for agricultural
operations.
444-1
Rule 444 (Cont.)
(Amended July 12, 2013)
(2) AGRICULTURAL OPERATIONS means any business occurring on a
ranch or farm directly related to:
(A) Growing of crops
(B) Raising of fowl or other animals for the primary purpose of
making a profit or for a livelihood
(C) Conducting agricultural research or instruction by an educational
institution
(3) AGRICULTURAL WASTES means unwanted or unsalable materials
produced wholly from agricultural operations directly related to the
growing of crops or raising of animals for the primary purpose of making
a profit or for a livelihood. Agricultural wastes do not include items such
as plastic, rubber, ornamental or landscape vegetation, chemically treated
wood, shop wastes, construction and demolition material, material
containing asbestos, garbage, oil filters, tires, tar paper, pesticide and
fertilizer containers, broken boxes, pallets, sweat boxes, packaging
material, packing boxes or any other material produced in the packaging
or processing of agricultural products. Orchard or vineyard waste or any
other material, generated as a result of land use conversion to
nonagricultural purposes is not agricultural waste.
(4) AIR QUALITY INDEX (AQI) is a value established by the federal
Environmental Protection Agency (EPA) to measure the level of the major
air pollutants regulated by the Clean Air Act. The values range from 0 to
500 and are divided into six categories; higher values indicate greater
levels of pollution and greater associated health concerns. The following
summarizes the AQI:
(A) 50 or below is Good
(B) 51 through 100 is Moderate
(C) 101 through 150 is Unhealthy for Sensitive Groups
(D) 151 through 200 is Unhealthy
(E) 201 through 300 is Very Unhealthy
(F) Over 300 is Hazardous
(5) APPROVED IGNITION DEVICES means those instruments or materials
that will ignite agricultural waste without the production of black smoke.
This would include such devices using liquid petroleum gas, butane,
propane, or diesel oil burners and flares where the device produces a flame
and the flame is then used for ignition.
444 -2
Rule 444 (Cont.)
(Amended July 12, 2013)
(6) APPROVED IGNITION FUELS means pipeline quality natural gas,
liquefied petroleum gas, or a petroleum liquid having an API gravity of at
least 30.
(7) BEACH BURNING means any recreational, ceremonial or open burning
conducted in any public coastal area marked by an accumulation of sand.
For the purposes of this rule, beach burning does not include the use of
charcoal or gaseous or liquid fuel.
(8) BURN AUTHORIZATION NUMBER is the number that is assigned to a
bum project upon being granted approval by the Executive Officer.
(9) BURN MANAGEMENT PLAN means a document prepared by an
agricultural operator for a project which provides a description of the
project, and other information as required under subparagraph (d)(8)(D).
(10) BURN PROJECT means an active or planned prescribed bum, agricultural
bum, fire prevention/suppression training, a naturally ignited wildland fire
managed for resource benefits, or any other burn approved by the
Executive Officer.
(11) EMERGENCY BURN PLAN means a document prepared by an
agricultural operator for open burning as an emergency measure to protect
crops from freezing which provides a description of the project, and other
information as required under subparagraph (h)(4)(C).
(12) FIELD CROP means crop, other than fruit or vegetable, which is grown
for agricultural purposes.
(13) FIRE HAZARD means a hazardous condition involving combustible,
flammable, or explosive material that could present a substantial threat to
life or property, as declared by a fire protection agency.
(14) FIRE PREVENTION /SUPPRESSION TRAINING means the instruction
of employees in the methods of preventing or suppressing fires.
(15) FIRE PROTECTION AGENCY means any public agency with the
responsibility and authority to protect people, property, and the
environment from fire, within its respective area of jurisdiction.
(16) HEAVY FUELS means materials that burn slowly, sustain heat, and are
difficult to extinguish. Heavy fuels include large downed woody materials
such as logs and branches.
(17) IMMINENT FIRE HAZARD means a fire hazard that presents an
immediate danger to property or the health and /or safety of a person or
persons and for which direct abatement by fire is necessary as directed by
444-3
Rule 444 (Coot.)
(Amended July 12, 2013)
a fire protection agency. An imminent fire hazard is distinguished from a
prescribed bum by the immediate or urgent action needed to alleviate a
threat.
(18) LAND MANAGER means any federal, state, local, or private entity that
administers, directs, oversees, or controls the use of public or private land,
including the application of fire to the land.
(19) LIGHT FUELS means materials that burn quickly with a short period of
intense heat such as grass and field crops.
(20) MANDATORY WINTER BURNING CURTAILMENT means a period
of time during the consecutive months of November through February
where the burning of solid fuels is restricted for portions of the South
Coast Air Basin at elevations below 3,000 feet above Mean Sea Level
(MSL) based on the air quality criteria contained in AQMD Rule 445
(Wood- Buming Devices).
(21) MARGINAL BURN DAY means a day in an air basin when open burning
for individual projects is restricted to designated source /receptor areas and
is not otherwise prohibited by the California Air Resources Board (CARB)
or the Executive Officer of the District. A marginal burn day is declared
when:
(A) At least one of the meteorological criteria for an air basin is
predicted to be met;
(B) The AQI throughout the basin is predicted to be 150 or less;
(C) The AQI in the designated source /receptor area(s) is predicted to
be 100 or less; and
(D) The designated source /receptor area(s) is not further restricted by a
mandatory winter burning curtailment pursuant to AQMD Rule
445 (Wood - Burning Devices).
(22) METEOROLOGICAL CRITERIA defines the daily predicted
meteorological conditions that need to be satisfied to permit open burning
for an air basin. The criteria are as follows:
(A) Burn Area 40: South Coast Air Basin (at least one criterion must
be satisfied):
(i) Near 6:00 a.m., the expected height of the inversion base, if
any, at Los Angeles International Airport is 1,500 feet
above mean sea level or higher.
444-4
Rule 444 (Cont.)
(Amended July 12, 2013)
(ii) The expected maximum mixing height during the day is
3,500 feet above the surface.
(iii) The expected mean surface wind between 6:00 a.m. and
noon is greater than five miles per hour.
(B) Bum Area 53: Mojave Desert Air Basin (all criteria must be
satisfied):
(i) Near the time of day when the surface temperature is at a
minimum, the temperature at 3,000 feet above the surface
is not warmer than the surface temperature by more than 13
degrees Fahrenheit.
(ii) The expected temperature at 3,000 feet above the surface is
colder than the expected surface temperature by at least 11
degrees Fahrenheit for 4 hours.
(iii) The expected daytime wind speed at 3,000 feet above the
surface is at least 5 miles per hour.
(C) Bum Area 55: Salton Sea Air Basin (at least three criteria must be
satisfied):
(i) Near the time of day when the surface temperature is at a
minimum, the temperature at 3,000 feet above the surface
is not warmer than the surface temperature by more than 13
degrees Fahrenheit.
(ii) The expected temperature at 3,000 feet above the surface is
colder than the expected surface temperature by at least 11
degrees Fahrenheit for 4 hours.
(iii) The expected daytime wind speed at 3,000 feet above the
surface is at least 5 miles per hour.
(iv) The expected daytime wind direction in the mixing layer is
not southeasterly.
(23) NO BURN DAY means a day in an air basin during which open burning is
prohibited by the CARB or Executive Officer of the District. A no burn
day is declared when:
(A) None of the meteorological criteria for an air basin are met, or
(B) The AQI in any area of the basin is predicted to be greater than
150.
(24) OPEN BURNING COMBUSTION /OPEN DETONATION means the
ignition and subsequent burning, or ignition, rapid decomposition and
444-5
Rule 444 (Cont.)
(Amended July 12, 2013)
subsequent burning of solid, liquid, or gaseous materials, outside of a
combustion chamber with or without a visible flame and not directed
through a chimney or flue.
(25) PERMISSIVE BURN DAY means a day in an air basin during which
open burning is not prohibited by the CARB or Executive Officer of the
District. A permissive bum day is declared when:
(A) At least one of the meteorological criteria for an air basin is
predicted to be met,
(B) The AQI throughout the basin is predicted to be 100 or less, and
(C) The designated source /receptor area(s) is not further restricted by a
mandatory winter burning curtailment pursuant to AQMD Rule
445 (Wood - Burning Devices).
(26) PRESCRIBED BURNING means planned open burning conducted by a
public agency, or through a cooperative agreement or contract involving a
public agency, identified on lands selected in advance for removal of
(A) Vegetation from land predominantly covered with chaparral, trees,
grass, or standing brush.
(B) Forest vegetation or debris for the purposes of forest protection.
(C) Brush, weeds, arundo, or other plant matter to promote a healthier
environment for plant or animal species or to re- establish native
plant species.
(D) Disease and pest prevention.
(E) Fire prevention/suppression training consuming greater than 10
acres.
(27) PRODUCT TESTING means the evaluation of commercial products
designed to detect the presence of flame or smoke or intended to prevent
equipment damage due to flame.
(28) RESIDENTIAL BURNING means open burning for the purposes of
disposing of combustible or flammable solid waste, excluding Russian
thistle, from a specific residence on its premises.
(29) SENSITIVE RECEPTOR LOCATIONS include schools, daycare centers,
hospitals, and convalescent homes, and other locations where children,
chronically ill individuals, or other sensitive persons could be exposed.
(30) SMOKE MANAGEMENT PLAN means a document prepared for each
open burning event or project by land managers that provides information
and procedures to minimize smoke impacts.
444 -6
Rule 444 (Cont.) (Amended July 12, 2013)
(31) SOURCE /RECEPTOR AREAS. A source area is that area in which
contaminants are discharged and a receptor area is that area in which the
contaminants accumulate and are measured. Any area can be a source
area, a receptor area, or both a source and receptor area. The
source /receptor areas are delineated on the attached map (Attachment 1).
(32) WiLDLAND means:
(A) "Wildland" means an area where development is generally limited
to roads, railroads, power lines, and widely scattered structures.
Such land is not cultivated (i.e., the soil is disturbed less frequently
than once in 10 years), is not fallow, and is not in the United States
Department of Agriculture (USDA) Conservation Reserve
Program. The land may be neglected altogether or managed for
such purposes as wood or forage production, wildlife, recreation,
wetlands, or protective plant cover.
(B) For the California Department of Forestry and Fire Protection only,
"Wildland" as specified in California Public Resources Code
(PRC) section 4464(a) means any land that is classified as a state
responsibility area pursuant to article 3 (commencing with section
4125) of chapter 1, part 2 of division 4 and includes any such land
having a plant cover consisting principally of grasses, forbs, or
shrubs that are valuable for forage. "Wildland" also means any
lands that are contiguous to lands classified as a state responsibility
area if wildland fuel accumulation is such that a wildland fire
occurring on these lands would pose a threat to the adjacent state
responsibility area.
(d) Requirements and Prohibitions
(1) A person shall not conduct or allow open burning unless all of the
following are met:
(A) The Executive Officer has declared the day a permissive burn day
or a marginal burn day on which burning is permitted in the
applicable source /receptor area and such burning is not prohibited
by the applicable public fire protection agency.
(B) The Executive Officer or the applicable fire protection agency has
issued a written permit for the burn. For disposal of Russian
thistle, subject to paragraph (d)(2)(C), a permit may also be issued
by the Director of Forestry and Fire Protection or a County
444-7
Rule 444 (Cont.)
(Amended July 12, 2013)
Agricultural Commissioner, pursuant to California Health and
Safety Code Section 41809.
(C) The Executive Officer has authorized the burn by issuing a Burn
Authorization Number for each day for each open burning event.
(i) The Executive Officer has received the Bum Authorization
Number request by 4:00 p.m. on the day prior to the burn.
(ii) The Executive Officer may delay issuing a Bum
Authorization Number until such time that an inspection of
the proposed Burn Project can be conducted, in order to
determine whether the open burning event complies with the
provisions of the rule.
(D) All site - specific permit conditions are met, pursuant to Rule 208 —
Permit and Bum Authorization for Open Burning.
(2) The Executive Officer may authorize open burning for:
(A) Agricultural burning
(B) Prescribed burning
(C) Disposal of Russian thistle
(D) Abatement of a fire hazard that a fire protection agency determines
cannot be abated by an economically, ecologically and logistically
viable option
(E) Disposal of waste infected with an agricultural pest or disease
hazardous to nearby agricultural operations and upon the order of
the County Agricultural Commissioner
(F) Disposal of infectious waste, other than hospital waste, upon the
order of the County Health Officer to abate a public health hazard
(G) Use of pyrotechnics for the creation of special effects during
filming of motion pictures, videotaping of television programs or
other commercial filming or video production activities provided
untreated wood, charcoal or Approved Ignition Fuels are used
(H) Disposal of contraband in the possession of public law
enforcement personnel provided they demonstrate that open
burning is the only reasonably available method for safely
disposing of the material
(I) Fire prevention/suppression training exercises, provided
notifications and compliance with all requirements of Rule 1403 —
444-8
Rule 444 (Cont.)
(Amended July 12, 2013)
Asbestos Emissions from Demolition/Renovation Activities shall
be required when applicable
(J) Researching or testing fire retardant properties of materials (or
enclosures) or the efficacy of fire suppression techniques or
devices
(3) A person is prohibited from open burning for.
(A) Residential burning
(B) Disposal of waste, except as specified in (d)(2) above, including
hospital waste
(C) Disposal of materials generated as a result of land use conversion
for non - agricultural purposes
(D) Disposal of materials from the production or storage of military
ordnance, propellants, or pyrotechnics unless a fire protection
agency, law enforcement agency or governmental agency having
jurisdiction determines that onsite burning or detonation in place is
the only reasonably available method for safely disposing of the
material
(E) Suppression of wildland fires, except those set by fire protection
agencies, for the purpose of saving life or property
(F) Complete burning of existing structures for fire prevention/
suppression training exercises
(G) Effective March 1, 2014, beach burning, unless:
(i) PM2.5 AQI of 100 or less has been forecast for the coastal
source receptor area; and
(ii) beach burning occurs in devices that are:
(I) at least 700 feet from the nearest residence;-. or
(II) at least 100 feet apart from one another; or
(III) at least 50 feet apart from one another, if there are no
more than 15 devices per contiguous beach area
within the city's boundaries.
(4) Notwithstanding the provisions of subparagraph (d)(3)(G), if a city or
county has declared, pursuant to Public Resources Code section 30005(b)
or Health and Safety Code section 41509(x), that designated beach
burning devices within its boundaries cause a nuisance, as defined in Civil
Code section 3479 or Health and Safety Code section 41700(a), due to
444-9
Rule 444 (Cant.)
(Amended July 12, 2013)
wood smoke exposure, then those devices may not be made available by a
state or local authority.
(5) A person shall not commence:
(A) Open burning for agricultural field crops before 10:00 a.m. or later
than 5:00 p.m.
(B) Open burning, other than for agricultural field crops, except as
authorized in an approved Smoke Management Plan:
(i) Earlier than one hour after sunrise
(ii) Later than two hours before sunset, with no new ignition, or
fuels added to an existing fire
(6) A person shall use only approved ignition devices to ignite open burning.
(7) A person shall not transport vegetative waste for the purpose of open
burning from one property to another, unless it is necessary to avoid
burning within 1,000 feet of a sensitive receptor.
(8) Additional requirements for agricultural burning:
(A) A person shall not conduct or allow the open burning of
agricultural waste unless it has been allowed to dry for the
following minimum times:
(i) Trees and large branches (3 in. or greater): 6 weeks
(ii) Prunings and small branches (1 in. to less than 3 in.
diameter): 4 weeks
(iii) Wastes from field crops that are cut in a green condition: 4
weeks
(iv) Fine fuels (0.25 in. to less than 1 in. diameter): 3 weeks
(v) Very fine fuels (less than 0.25 in.): 10 days
(B) A person shall not conduct or allow the open burning of
agricultural waste unless it is free of dirt, soil, and visible moisture.
(C) A person shall ignite rice, barley, oat and wheat straw only by
strip -firing or by backfiring into the wind unless a fire protection
agency declares such actions would constitute a fire hazard.
(D) A person shall not conduct or allow the open burning of
agricultural waste unless a Burn Management Plan is approved in
writing by the Executive Officer for any project greater than 10
acres or a project that produces more than one ton of particulate
matter emissions, as determined using EPA AP -42 or equivalent
emissions factors approved by the Executive Officer, CARB, and
444-10
Rule 444 (Cont.) (Amended July 12, 2013)
EPA. At a minimum, the Burn Management Plan shall contain the
following information:
(i) Location, types, and amounts of material to be burned
(ii) Expected duration of the fire from ignition to extinction
(iii) Identification of responsible personnel, including telephone
contacts
(iv) Identification and location of all smoke sensitive areas
(v) Calculation of the particulate emissions tonnage, when the
particulate emissions tonnage is selected as the criteria for
determining the project size
(E) A person shall not conduct or allow the open burning of
agricultural waste unless the bum is located farther than 1,000 feet
from a sensitive receptor location.
(9) Additional requirements for prescribed burning:
(A) A person shall conduct or allow prescribed burning only when the
fires are set by, under the jurisdiction of, or pursuant to the orders
or requirements of a fire protection agency.
(B) A person shall not conduct or allow prescribed burning unless a
Smoke Management Plan is approved in writing by the Executive
Officer for any project greater than 10 acres or that produces more
than one ton of particulate matter emissions, as determined using
EPA AP -42 or equivalent emissions factors approved by the
Executive Officer, CARB, and EPA. Smoke Management Plans
shall be updated annually. At a minimum, the Smoke Management
Plan shall contain the following information:
(i) Location, types, and amounts of material to be burned
(ii) Expected duration of the fire from ignition to extinction
(iii) Identification of responsible personnel, including telephone
contacts
(iv) Identification and location of all smoke sensitive areas
(v) Calculation of the particulate emissions tonnage
(C) A person shall not conduct or allow prescribed burning unless a
Smoke Management Plan is approved in writing by the Executive
Officer for any project greater than 100 acres or that produces
more than 10 tons of particulate matter emissions, as determined
using EPA AP -42 or equivalent emissions factors approved by the
444 -11
Rule 444 (Cont.)
(Amended July 12, 2013)
Executive Officer, CARB, and EPA. Smoke Management Plans
shall be updated annually. At a minimum, the Smoke Management
Plan shall contain the information required by subparagraph
(d)(9)(B) and the following information:
(i) Identification of meteorological conditions necessary for
burning
(ii) Smoke management criteria the land manager will use for
making burn ignition decisions
(iii) Projections, including a map, of where the smoke from
burns is expected to travel both day and night
(iv) Specific contingency actions (such as fire suppression or
containment) that will be taken if smoke impacts occur or
meteorological conditions deviate from those specified in
the Smoke Management Plan
(v) Evaluation of and consideration of emission reduction
techniques including environmentally, economically, and
logistically viable alternatives to burning
(vi) Discussion of public notification procedures
(D) The Executive Officer shall prioritize burn authorization requests
based upon:
(i) The level of training of the person conducting the bum as
identified in the Burn Management Plan and Smoke
Management Plan.
(ii) The measures identified in the Smoke Management Plan
proposed to reduce emissions.
(E) Notwithstanding subparagraph (d)(1)(A), the Executive Officer
may allow prescribed burning on marginal bum days, provided a
Smoke Management Plan has been approved.
(e) The Executive Officer may allow the Maximum Daily Bum Acreage for
Agricultural Burning and Prescribed Burning as follows:
(1) For all areas within the District jurisdiction, excluding the Coachella
Valley:
(A) 175 acres for prescribed wildland and range burning; and
(B) 175 acres for agricultural burning;
(2) For the Coachella Valley:
444-12
Rule 444 (Cont.)
(Amended July 12, 2013)
(A) 6 acres for prescribed wildland and range burning; and
(B) 41 acres for agricultural burning; and
(3) The provisions of this subdivision, limiting the maximum daily acreage,
shall not apply to prescribed burning when a land manager has:
(A) Demonstrated that the prescribed burn is required to reduce a fire
hazard that jeopardizes public health or safety; and
(B) Submitted a satisfactory Smoke Management Plan that has been
approved by the Executive Officer.
(f) Administrative Requirements
(1) An Annual Post Bum Evaluation Report shall be submitted on or before
January 31s` of each calendar year for any open bum projects that require a
Smoke Management Plan or a Bum Management Plan. The Report shall
include, but not be limited to, the following:
(A) The type of material burned
(B) The total acreage permitted to bum
(C) The total acreage burned
(D) The total tons of material burned
(E) The estimated fuel loading in tons per acre
(F) The total of the estimated PM emissions
(2) Fire Protection Agencies within the District must submit copies of written
bum permits to the Executive Officer quarterly.
(g) Fees
If required by District Rule 306, any person conducting or allowing any open
burning shall accompany the submittals required by subparagraphs (d)(8)(D),
(d)(9)(B), (d)(9)(C), (h)(4)(C), and paragraph (f)(1) with applicable filing and
evaluation fees pursuant to District Rule 306.
(h) Exemptions
(1) The provisions of paragraphs (d)(1) and (d)(5) of this rule shall not apply
in the case of an imminent fire hazard, as defined in this Rule.
(2) The provisions of subparagraphs (d)(1)(A), (d)(1)(B), (d)(1)(1)) and clause
(d)(1)(C)(ii) shall not apply to fire prevention/suppression training
exercises or research, conducted by fire protection agencies, provided that:
(A) For training exercises not conducted within existing structures:
444-13
Rule 444 (Cont.) (Amended July 12, 2013)
(i) Each training fire is limited to no more than 30 minutes
duration,
(ii) The total cumulative burn time in a 24 -hour period does not
exceed:
(a) Four (4) hours for Light Fuel
(b) Six (6) hours for Heavy Fuels or a mixture of Light
and Heavy Fuels
(iii) Only Authorized Ignition Fuels are used.
(B) For training exercises conducted within existing structures, each
training fire is limited to no more than 30 minutes in duration.
(3) The provisions of subparagraphs (d)(1)(A), (d)(1)(B), (d)(1)(D) and clause
(d)(1)(C)(ii) shall not apply to fire prevention/suppression training
exercises or to product testing conducted by non -fire protection agencies
provided that:
(A) Each fire is limited to no more than 30 minutes in duration,
(B) The total bum time does not exceed four (4) hours in a 24 -hour
period, and
(C) Only Authorized Ignition Fuels are used.
(4) The provisions of subparagraphs (d)(1)(A) and (d)(8)(E) of this rule shall
not apply to open burning as an emergency measure to protect crops from
freezing provided that:
(A) Open burning is the most immediate or only option available;
(B) The temperature at the time of the requested open burning is
reasonably anticipated to be below 40° Fahrenheit;
(C) An Emergency Burn Plan submitted by the person seeking to
conduct open burning is approved by the Executive Office prior to
conducting the bum. The Plan shall include, but not be limited to,
the following:
(i) Location, types, and amounts of material to be burned
(ii) Type of crop being protected
(iii) Estimate of potential economic loss
(iv) Expected dates, time, and duration of the fire from ignition
to extinction
(v) Identification of responsible personnel, including telephone
contacts
444 -14
Rule 444 (Cont.)
(Amended July 12, 2013)
for the purpose of:
(i) Preparation or warming of food for human consumption; or
(ii) Generating warmth at a social gathering.
(7) The distance and spacing provisions of clause (d)(3)(G)(ii) shall not apply
to beach burning devices that are made available to comply with the
Americans with Disabilities Act by making the beach burning device
accessible via a continuous unobstructed concrete, asphalt or other
444-15
(vi) Identification and location of all smoke sensitive areas
(D)
All site - specific conditions imposed by the Executive Officer as
part of the approved Emergency Bum Plan are met; and
(E)
The person conducting the open burn shall notify the Executive
Officer no more than 24 hours following the authorized burn to
report the total amount of agricultural material burned.
(5) The provisions of this tole shall not apply to:
(A)
Open burning located on islands 15 miles or more from the
mainland coast.
(B)
Fireworks displays.
(C)
Pyrotechnics used for creation of special effects at theme parks.
(D)
Detonation of explosives during:
(i) Quarry or training operations
(ii) Bomb disposal by a law enforcement agency
(iii) Demolition of buildings or structures
(E)
The use of pyrotechnics, detonation of explosives, or fire effects
for creation of special effects during theatrical productions,
filming of motion pictures, videotaping of television programs or
other commercial filming or video production activities provided
that:
(i) Each fire effect is limited to no more than 30 minutes in
duration, and
(ii) The fuel is untreated wood, charcoal, or Authorized
Ignition Fuels.
(6) Except
for the requirements of subparagraph (d)(3) and (d)(4), the
provisions of this rule shall not apply to:
(A)
Recreational fires or ceremonial fires, including fires conducted
pursuant to United States Code, Title 4, Chapter 1, Section 8.
(B)
Open burning of natural gas, propane, untreated wood, or charcoal
for the purpose of:
(i) Preparation or warming of food for human consumption; or
(ii) Generating warmth at a social gathering.
(7) The distance and spacing provisions of clause (d)(3)(G)(ii) shall not apply
to beach burning devices that are made available to comply with the
Americans with Disabilities Act by making the beach burning device
accessible via a continuous unobstructed concrete, asphalt or other
444-15
Rule 444 (Cont.)
(Amended duly 12, 2013)
permanent pathway that crosses the surface of the beach. This paragraph
does not exempt the beach burning devices that are made available for the
Americans with Disabilities Act compliance from the total device count
specified in sub - clause (d)(3)(G)(ii)(III).
(i) Severability
If any provision of this rate is held by judicial order to be invalid, or invalid or
inapplicable to any person or circumstance, such order shall not affect the validity
of the remainder of this rule, or the validity or applicability of such provision to
other persons or circumstances.
444-16
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