Adopted Burn Ordinance: 8/21/2024
By City of Hutchinson Fire Marshal Michael Cain
Introduced: August 20, 2024
Passed: August 20, 2024
Published: August 26, 2024
AN ORDINANCE AMENDING SECTION 25-102 LOCAL AMENDMENTS TO INTERNATIONAL FIRE CODE, 2018 EDITION OF ARTICLE I FIRE PROTECTION OF CHAPTER 25 OF THE CODE OF THE CITY OF HUTCHINSON, KANSAS PERTAINING TO OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HUTCHINSON, KANSAS:
Section 1. That Section 307, Open Burning, Recreational Fires, and Portable Outdoor Fireplaces of the International Fire Code, 2018 Edition, is hereby amended to read as follows:
SECTION 307
OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES
Section 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.5.
Section 307.1.1 Prohibited open burning Within the City limits of Hutchinson, it shall be unlawful to openly burn any trash, plastics, petroleum-based products, treated lumber, construction debris, wire, leaves, tree limbs or branches, grass clippings, or the vegetation therein.
No open burning, including recreational fires and portable outdoor fireplaces, will be permitted when atmospheric conditions make open burning hazardous, such hazardous conditions are also commonly known as a “Red Flag” day.
Exceptions:
- Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official.
- The City of Hutchinson Fire Department retains the right to conduct live fire training evolutions. In addition, required burning and clearing at the Hutchinson airport property will be allowed.
Section 307.2 Permit required
A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests. Application for such approval shall only be presented by and permits issued to the owner of the land on which the fire is to be kindled.
Section 307.3 Extinguishment authority
Where open burning 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.
Section 307.4 Recreational fires
No recreational fires may be started or allowed to continue burning unless such recreational fire is fully contained within an approved fire pit or outdoor fireplace.
- An approved fire pit is any below ground dug pit not greater than 36 inches inside diameter (inside edge of the pit to inside edge); lined with non-combustible material, soil, metal, or stone; a minimum of six inches deep; and ringed on the outer diameter with stone, brick, or concrete.
- An outdoor fireplace is any commercially available appliance designed to contain a wood fire when operated according to manufacturer’s instructions with all lids, screens and spark arresting devices in place; or permanent fireplace structure built entirely on noncombustible materials designed with spark arrestors and screens to contain a wood fire.
- No recreational fire shall be closer than 25 feet to any dwelling, building structure, shed, garage or closer than 10 feet to any wooden fence, deck, or combustible material. All recreational fires are to be set back a minimum of six feet from adjoining property lines.
- No recreational fires shall be started or allowed to continue burning when the wind direction or wind speed will cause embers or burning material to be carried onto any building or combustible material; nor anytime that wind direction will carry smoke into the open windows of any building.
Section 307.5 Attendance
Open burning, recreational fires and the use of portable outdoor fireplaces shall be constantly attended and supervised by a competent person at least 18 years of age until the fire is completely extinguished. Not fewer than one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
Section 2. The existing Section 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces of the International Fire Code, 2018 Edition, is hereby declared to be omitted and deleted.
Section 3. The existing Section 307.6 of Section 25-102 is hereby omitted and deleted.
Section 4. That all other provisions of Article I. Fire Protection of Chapter 25 of the Hutchinson City Code relating to fire protection, remain in full force and effect.
Section 5. This ordinance shall take effect and be in force from and after its passage and publication once in the official City newspaper.
PASSED BY THE GOVERNING BODY, this 20th day of August 2024, for the City of Hutchinson, Kansas.
