Transcript 2014 AFD Burn Policy Enforcement

2014 AFD Burn Policy
Enforcement
Instructors
Investigator Brian L. Balega
Forester John See
Lesson Goal

After completing this lesson, the student
shall be able to correctly assess whether
an outdoor burn is legal or illegal per the
AFD policies, Municipal code and other
department procedures.
Specific Objectives

A.
– Describe what MOA Codes and AFD Policies
govern open burning
– Describe the difference between legal and
illegal burns
– Describe the AFD Burn Matrix and how it will
assist the company officer with making field
decisions on what proper actions should be
taken
Authority to enforce open burning

1.
Objective 1 — Describe what MOA Codes
and AFD Policies govern open burning
MOA 15.35.100
– 15.35.100 - Stationary source emissions—
Open burning.
– Violation is AMC 15.35.100 (A) is a civil
offense which carries a $75 fine (14.60.030
fine schedule)
Authority to enforce open burning
2.
3.
4.
5.
6.
MOA Title 23.05.010, title adopting 2009
International Fire Code
AFD Burn Permit
2009 International Fire Code section
305.4, Deliberate or negligent burning
2009 International Fire Code section
307.1.1, Prohibited open burning
2009 International Fire Code section
307.3, Extinguishment
Authority to enforce open burning
7.
8.
Department of Natural Resources
Division of Forestry MatSU Cooperative
Agreement with Anchorage Fire
Department
AS 41.15 protection of forested land
Authority to enforce open burning
Fire officer authority
Fire officer authority
 AS 18.70.075, Authority of fire department
officer
– (1) control and direct activities at the scene of a fire
or emergency;
– (2) order a person to leave a building or place in the
vicinity of a fire or emergency, for the purpose of
protecting the person from injury;
– (3) blockade a public highway, street, or private rightof-way temporarily while at the scene of a fire or
emergency;
Authority to enforce open burning
Fire officer authority
Fire officer authority
– (4) trespass upon property at or near the scene of a
fire or emergency at any time of the day or night;
– (5) enter a building, including a private dwelling, or
premises where a fire is in progress, or where there is
reasonable cause to believe a fire is in progress, to
extinguish the fire;
– (6) enter a building, including a private dwelling, or
premises near the scene of a fire for the purpose of
protecting the building or premises or for the purpose
of extinguishing the fire that is in progress in another
building or premises;
Authority to enforce open burning
Fire officer authority

Fire officer authority
– (7) upon 24-hour notice to the owner or
occupant, conduct a pre-fire planning
survey in all buildings, structures, or
other places within the municipality or
the registered fire department's district,
except the interior of a private dwelling,
where combustible material is or may
become dangerous as a fire menace to
the building; QAP
Authority to enforce open burning
Fire officer authority

Fire officer authority
– (8) direct the removal or destruction of a fence,
house, motor vehicle, or other thing judged necessary
to prevent the further spread of a fire.
 (b) An owner or occupant of a building or place specified in
this section or any other person on the site of a fire or other
fire department emergency who refuses to obey the order of
a fire officer of a municipal or registered fire department in
the exercise of official duties is guilty of a misdemeanor,
and upon conviction, is punishable by imprisonment for
one year, or by a fine of not more than $1,000, or by
both.
Authority to enforce open burning
Police Officer Authority
8.30.010 - Resisting or interfering with peace officer. A
person commits the crime of resisting or interfering
 with a peace officer when
 (A)(5) The person intentionally, recklessly or knowingly
resists, obstructs or interferes with the lawful efforts of
any firefighter or paramedic in the discharge or
attempted discharge of an official duty;
 (A)(7) The person intentionally or recklessly engages in
conduct which delays or prevents a fire from being
timely extinguished or emergency services from being
provided.
Authority to enforce open burning
Police Officer Authority
8.30.120 - Disorderly conduct. It is unlawful for
any person to:
 (A)(7) Knowingly or recklessly create a
hazardous condition for others.
9.36.090 - Crossing fire hose.
 No vehicle may be driven over any unprotected
hose of a fire department when laid down on
any street, private road or driveway to be used
Legal vs. Illegal Burns
Acceptable Burn Guidelines
 PERMITTED OPEN BURN Fires –
 Pile max 6 ft wide x 6 ft long x 3 ft high (1 pile burning at a
time)
 Clearance must be 50 ft from any combustibles (structure,
power poles, vehicles, trees, brush and dead grass) Working
telephone on site/same as on permit.
 1 adult over the age of 18 must be in attendance and
wearing protective clothing such as sturdy shoes or boots,
 long pants, gloves, long sleeved shirt.
 A shovel, rake, or hoe must be provided for each adult in
attendance.
 Charged Hose required. Must be extinguished if wind
speeds exceed 15 mph.
Legal vs. Illegal Burns
RECREATIONAL FIRES –
 Fire less than 3 ft wide x 2 ft high
 Cleared area at least 25 ft from any combustibles
(structure, power poles, vehicles, trees, brush and dead
grass) Must comply with the daily burn approval.
 Recreational or ceremonial fires larger than 3 ft
wide x 2 ft high that do not follow all of the
requirements for the residential burn permit require an
inspection. Call Fire Prevention at 267-4901. Permit and
inspection fees apply.
 Please schedule at least 2 weeks in advance.
Legal vs. Illegal Burns

Objectionable smoke
– Products of combustion produced from a
flaming or smoldering fire which can be visible
and can produce an offensive odor.
– If the complainant informs you the smell is
offensive or disrupting their right to function
on their property then the act meets this
definition.
Legal vs. Illegal Burns






Exempt Fires
A recreational or cooking fire does not require a permit if it is
contained within an area less than 3 ft in dia. x 2 ft in height.
Must be located in a cleared are at least 25 ft from any
combustibles (structure, power poles, vehicles, trees, brush and
dead grass)
These fires must comply with the daily burn approval notice
recorded at 267-5020 and may be prohibited during periods of High
to Extreme Fire Danger
http://afd.muni.org.
IT IS NOT PERMISSIBLE TO INFORM A RESIDENT TO PLACE A
HOT DOG ON THE FIRE AND CALL IT A COOKING FIRE.
Legal vs. Illegal Burns





Recreational fires contained within an approved outdoor
fireplace or barbeque grill such as chimineas, back yard
type fire kettles, covered barbecue grills that use
electricity, propane, natural gas or charcoal briquettes
and “Traeger” type grills.
Use of contained barbeque grills for cooking is not
dependent upon burn day approval except for Burn Ban.
These devices are required to have a spark arrestor,
chimney stack or screen over the top.
Must be elevated 12" off ground.
Must 15 ft or more from a structure.
Assessment
At any time Resident becomes
aggressive, combative or obstructive
contact Fire Investigator or APD
 (see back of burn matrix)

Assessment

MOA BURN BAN
– No fires except for contained BBQ
– **See Exempt #2

ACTION
– EXTINGUISH
– EDUCATE
– ADVISE FIRE PREVENTION WILL BE
FOLLOWING UP WITHIN 3 BUSINESS DAYS
– REPORT / DOCUMENTATION
Assessment

Initial Call for service to Illegal Burn
– Is it a Burn Day?
 If answer is NO then Extinguish, Educate, and
Warn (EEW) and document in RMS
 Ensure responsible party is identified properly in
report
– Is permit required?
 Do they have a permit?
 Does fire comply with Burn Guidelines?
 Does fire comply with objectionable smoke
discharge?
Take Action

EXTINGUISH
– Attempt to gain violators permission and/or assistance in fire’s
extinguishment
– If necessary involve APD to gain access to fire

EDUCATE
– Provide violator with the following information:
 Educated on how to determine if it is a burn day
 Advised how to obtain a permit
 Any future violations could result in a citation being issued and/or other
related criminal charges.

WARN
– IF 1ST VIOLATION
 notify them that the fire was in violation of code and that future violations
will be dealt with through investigator and/or APD.
– If 2nd or subsequent violations
 Contact Investigator for direction
Take Action

Report
– Document observations and actions taken in RMS
report.
 Utilize Burn Matrix and Burn Policy as guide to document
specific reasons the burn was determined to be illegal
– Document the name and person identified as
responsible party. Specifically detail the following:
 Educated on how to determine if it is a burn day
 Advised how to obtain a permit
 Any future violations could result in a citation being issued
and/or other related criminal charges.
Review
Questions:
1. Describe what MOA Codes and AFD Policies
govern open burning
2. Describe the difference between legal and
illegal burns
3. Describe the AFD Burn Matrix and how it will
assist the company officer with making field
decisions on what proper actions should be
taken