HomeMy WebLinkAbout2022-01 Fire DepartmentCITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO.2022-01
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING CHAPTER 3.12 AND CHAPTER 5.12 RELATING
TO THE ORGANIZATION OF THE
LAKE ELMO FIRE DEPARTMENT AND OPEN BURNING
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 3.12 and
Chapter 5.12; (Amended language is underlined to represent added language and
st kethrw:gh represents deleted language):
CHAPTER 3.12 — III FIRE DEPARTMENT
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FAIMI MINNOW
3.12 .290 Establishment
There is hereby established a city fire department, which shall consist of a combination staffing
model of full-time and part-time firefighters.
3.12.300 Purpose
The department shall be responsible for the prevention and suppression of fires, the protection of
life and property against fire, and the enforcement of all state and city fire code provisions.
3.12.310 Personnel
The council shall determine the munber of persons serving in the department as full-time and part
time firefighters.
3.12.320 Fire Chief
The department shall be under the direction and supervision of a fire chief, subject to the general
supervision of the city administrator.
3.12.330 Firefighters relief association.
There is hereby continued in the city a firefighter's relief association, whose function is to manage a
service pension benefit for firefighters, which are authorized under state statutes, and to provide
other services to firefighters of the city fire department as deemed appropriate by members of the
association.
(a) Any proposed change to the association's bylaws or articles of incorporation which will
affect the benefits paid from the association's special fund shall not be effective until ratified
by the city council.
5.12 AV OPEN BURNING
5.12.320 City may be more restrictive than state law.
The council is authorized to impose, and has imposed in this article, additional restrictions on open
burning within its limits beyond those contained in Minn. Stat. ch. 88, as it may be amended from
time to time.
5.12.330 Adoption By Reference
The ambient air ouality standards, air pollution control regulations of the Minnesota Pollution
Control Agency (MPCA), and the Open Burning Restrictions and Permitting Regulations of the
state department of natural resources (DNR) are adopted by reference, and have the same force and
effect as if they were reproduced in their entiret
5.12.340 Purpose.
The purpose of this article is to regulate open burning within the Citv of Lake Elmo, to protect the
public health, safety and welfare. Through passage of this article, the designated fire official is
hereby authorized to adopt and impose burning restrictions to aid in the prevention of wildfire and
to consult with the department of natural resources (DNR), division of forestry to develop anv
restrictions or other criteria.
5.12.350 Definitions.
For purposes of this article, the following definitions shall apply unless the context clearly indicates
or requires a different meaning;
Fire code o f eial means the city's fire chief or their authorized representative.
Open burning means the burning of any matter if the resulting combustion products are emitted
directly into the atmosphere without passing through a stack, duct or chimney, except a recreational
or camp fire as defined herein. Mobile cooking devices such as charcoal grills, wood smokers,
manufactured hibachis, and propane or natural gas devices are not considered open burning devices.
may be open in design, or may be equipped with a small hearth opening and a short chimney or
chimney pening in the top_
Recreational fire means a fire no more than three feet in diameter contained within a recreational
fire site: using dry, clean wood, producing little detectable smoke, odor or soot beyond the property
line; conducted with an adult tending the fire at all times; for recreational, ceremonial, or social
food preparation; extinguished completely before quitting the occasion; and respecting weather
conditions, neighbors, burning bans, and air quality requirements so that nuisance, health or safety
hazards will not be created. No more than one recreational fire is allowed on any propertat one
time.
Recreational fire site means an area of no more than a three-foot diameter circle (as measured from
the inside of the fire ring or border), completely surrounded by non-combustible and non -smoke or
odor producing material, either natural rock, cement, brick, tile, blocks or ferrous metal. Burning
barrels are not a recreational fire site as defined herein. Recreational fire sites shall not be located
closer than 25 feet to any structure or combustible material.
Running fire means an attended fire allowed to spread through surface vegetative matter under
controlled conditions for the purpose of vegetative management, forest management, game habitat
management, or agricultural improvement.
Starter fuels means dry, untreated, unpainted, kindling, branches or charcoal fire starter. Paraffin
candles are pennitted as a starter fuel and an aid to ignition only. Propane gas torches or other clean
gas burning devices causing minimal pollution may be used to start an open burn.
Vegetative materials means dry leaves, dry grass clippings, twigs, branches, tree limbs, and other
similar materials. Paper and cardboard are not considered vegetative materials.
Wood means dry, clean fuels, twigs, branches, limbs, manufactured fireplace logs, charcoal, or cord
wood. "Wood" does not include wood or wood based products that is green with leaves or needles,
rotten, wet, oil soaked, treated or manufactured with paint, glue, preservatives or other chemicals.
5.12.360 Recreational fires.
(a) Recreational fires are allowed without a permit under the followine guidelines:
(1) Only clean, dry, wood can be burned.
(2) The fire shall not exceed three feet in diameter with a flame height of three feet
maximmu.
(3) The fire shall take place on the owner's property and shall be a minimum of 15 feet from
property lines.
(4) The fire shall not be conducted within 25 feet of a structure or combustible material.
(5) Portable outdoor fireplaces shall be used in accordance with the manufacturer's
instructions and shall not be operated within 15 feet of a structure or combustible material.
(6) The fire shall not be conducted if the wind speed exceeds ten miles per hour.
(7) The use of flammable or combustible liquid accelerants is not permitted.
(8) The fire must be constantly attended and supervised by an adult until the fire has been
completely extinguished.
(9) A connected garden hose or other means to extinguish the fire must be readily available.
(10) Any person planning to have a recreational fire must be aware of local burning bans
that have been issued by the state department of natural resources. If a burning ban is in
supervision
5.12.370 Prohibited materials.
(a) No person shall conduct, cause or permit the open burning of dimensional lumber, oils,
petroleum fuels, rubber, plastic, chemically treated materials, or other materials that
produce excessive or noxious smoke such as, but not limited to: tires; railroad ties;
treated, painted or glued wood composite shingles; tar paper; insulation; com os� ition
board; sheet rock; wiring; or paint and paint filters.
(b) No person shall conduct, cause or permit the open burning o£ hazardous waste or
materials from salvage operations; solid waste generated from an industrial or
manufactured process; materials from a service or commercial establishment; or building
materials generated from construction and/or demolition of commercial or institutional
structures.
(c) No person shall conduct, cause or permit the open burning of discarded materials
resulting from the handling, processing storage, preparation, serving or consumption of
food.
(d) No person shall conduct, cause or permit the open burning of any leaves or grass
clippings.
(e) No person shall conduct, cause or permit the open burning of any wood or other
vegetative materials through the use of a burner, as described in Minn. Stat. � 88.16,
within the city's jurisdiction.
(f) No person shall conduct, cause or permit the open burning of any materials that have
been hauled onto the site.
(g) No person shall conduct, cause or permit the open burning on any commercial property
within the City of Lake Elmo.
5.12.380 Open burning prohibited except by permit.
No Verson shall start or allow any open burning on any property in the city without first having
obtained an open burning permit. A permit is not required for any fire which is a recreational/camp
fire as defined in section 5.12.350.
5.12.390 Permitted open burning; special circumstances.
(a) Under special or extraordinary circumstances, open burning pen -nits may be issued by the
city or by a DNR forestry official for:
(1) Elimination of health hazard that cannot be abated by other practical means, as
determined by the commissioner of health or the local health authority,
(2) Ground thawing for utility repair and construction.
(3) Running fires (prairie restoration).
(4) Disposal of diseased trees generated on -site, diseased or infected nursery stock, or
diseased bee hives.
(b) Fire training permits may only be issued by the Minnesota Department of Natural Resources
DNR.
(c) Permits for the operation of a permanent tree and brush burning sites may only be issued by
the Minnesota Department of Natural Resources (DNR).
5.12.400 Open Burn Permit Application Procedure.
(a) The applicant must submit a completed Open Burn Permit application and fire service fee will
be charged in accordance with the city's fee schedule
(b) Schedule a preliminary site inspection to locate the proposed burn site.
(c) No burning shall take place without first having obtained an open burn permit.
(d) An extended length of the burn permit shall be determined by the fire chief or designee of the
fire chief.
5.12.410 Denial.
If established criteria for the issuance of an open burning permit are not met, or during review of
said application, it is determined that a practical alternative method of disposal of the material
exists, or a pollution or nuisance condition would result, then the fire chief, or designee of the fire
chief may deny the open burning pennit application.
5.12.420 Revocation.
The open burning permit is subject to revocation at the discretion of the city fire chief, or designee
of the fire chief. Reasons for revocation include, but are not limited to: a fire hazard existing or
developing during the course of the burn, any of the conditions of the permit being violated during
the course of the burn, pollution or nuisance conditions developing during the course of the burn, or
a fire smoldering with no flame present.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
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SECTION 3. Adoption Date. This Ordinance 2022-01 was adopted on this 4v' day of 4n
2022, by a vote of IS Ayes and _a Nays.
LAKE ELMO CITY COUNCIL
Charles Cadenhead, Mayor
ATTEST:
J lie hnsoiL, aty Clerk