REGULATIONS FOR OPEN BURNING
Canon City Area Fire Protection District
Open Fire/Open Burning Restrictions
Section 1. Purpose
The purpose of these Regulations are to preserve and protect the public health, safety and welfare of the citizens of the Canon City Area Fire Protection District (the District), by restricting open fires and open burning in the incorporated areas of Canon City and the unincorporated areas of Fremont County that fall within the District boundaries, in order to prevent forest, grass, and Wildland/Urban Interface fires when a high danger of such fires exists as a result of atmospheric and other conditions, including, but not limited to, lack of moisture and other local conditions in the District county.
Section 2. Application
These Regulations shall apply throughout the District, including public and private lands. The District has, through the adoption of Resolution 2012-7, allowed for an inter-governmental agreement between Fremont County and the District for the application and enforcement of these regulations. For areas of the District within the City of Canon City, the City Administrator, pursuant to Canon City Municipal Code Section 8.50.020, 8.50.040, and any other applicable sections, will adopt these regulations.
Section 3. Definitions
a. "Open Fire" shall be defined by Stage I, Stage II, and Stage III restrictions as set forth in this Regulation and shall also include outdoor burning conducted without a burning permit (if required), or in violation of a burning permit.
b. “Agriculture” means the science and art of production of plants and animals useful to man, including, to a variable extent, the preparation of these products for man's use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, and any and all forms of farm products and farm production.
c. “Undeveloped Area” means an outdoor area that is not hard-surfaced, barren, or otherwise cleared of all flammable or ignitable vegetation and material.
d. “Developed Area” means an outdoor area hard-surfaced, barren of vegetation, or clear of flammable or ignitable vegetation and material. A developed area may be found in designated and approved recreation areas, or an area immediately adjacent to a private residential occupancy. A developed area shall have a minimum of three (3) feet of clearance from any flammable materials.
Section 4. Fire Restrictions
Restrictions imposed on open burning or open fires are as follows:
A. STAGE ONE PROHIBITED ACTIVITIES
1. All agricultural burning including but not limited to weeds, brush, or grass;
2. Building, maintaining, attending or using a fire, campfire, coal or wood burning stove, fireplace, and any type of charcoal or wood fueled cooking, or open fire of any type in an undeveloped area. Use of a coal or wood-burning stove or fireplace in a private residence in an undeveloped area is allowed only if the flue pipe, chimney, or other exhaust structure is equipped with a properly installed NFPA-approved spark arrestor such as a chimney cap.
a. Campfires contained in constructed, permanent fire pits or fire grates within a developed recreation area are allowed;
b. Grills using propane and other bottled fuels are allowed only in areas free of flammable vegetation and other flammable materials, and must be used in a manner which present no fire danger to the surrounding area;
c. No fire or grill shall be left unattended, and shall have an adequate water supply and/or fire extinguisher on site.
3. All burning of trash, refuse or other debris.
4. Smoking; except within an enclosed vehicle, building, or outdoor smoking area that is hard-surfaced, barren, or otherwise cleared of all flammable vegetation and material. Discarding of cigarette butts in a receptacle not designed for disposal of cigarette butts, or at any location, or from any vehicle is expressly prohibited.
5. Using any explosives materials, to include: fireworks, solid fuel rockets, blasting caps or any incendiary device, which may result in the ignition of flammable material;
6. Outdoor welding, grinding or use of any type of torch in any area which presents the possibility of igniting vegetation or other combustible material, and there must be an adequate water supply and/or fire extinguisher on site;
7. Operating any outdoor equipment or machinery in an undeveloped area with an internal combustion engine without a spark arresting device properly installed, maintained and in effective working order meeting either:
a. U.S. Dept. of Agriculture, Forest Service Standard 5100-1a; or
b. Appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a);
8. Sale, use and possession of fireworks, including permissible fireworks as defined in §12-28-101, C.R.S., however in no instance shall the sale, use and possession be prohibited for more than one year from the date of imposition of the fire restrictions until the suspension of the same.
B. STAGE TWO PROHIBITED ACTIVITIES
1. All Restrictions contained in Stage One, listed herein, and including the following additional restrictions:
a. Building, maintaining, attending or using a fire, campfire, coal or wood burning stove, any type of charcoal or wood fueled cooking, or open fire of any type at any location.
1. Grills using propane and other bottled fuels are allowed only in areas free of flammable vegetation and other flammable materials for three (3) feet in any direction, and must be used in a manner which present no fire danger to the surrounding area;
2. No grill shall be left unattended, and shall have an adequate water supply and/or fire extinguisher on site.
3. Use of a coal or wood-burning stove or fireplace in a private residence is allowed only if the flue pipe, chimney, or other exhaust structure is equipped with a properly installed NFPA-approved spark arrestor such as a chimney cap.
b. Off road use or parking of a motorized vehicle in an area that presents the possibility of sparks or exhaust heat igniting surrounding flammable vegetation.
Section 5. Area Closures
C. STAGE THREE AREA CLOSURE
Emergency fire closures (closing an area to entry or use) have an extreme impact on the public and fire agencies, and are discouraged except under the most severe conditions. Closures are not justified by fire danger alone, but should be driven by the potential for risk to life and safety due to extreme fire behavior, high potential for human-caused fires, severe shortages of resources, and numerous large fires within the state.
1. Potential loss of life due to explosive fire conditions;
2. Potential for extreme or blowup fire behavior;
3. Stage I or Stage II restrictions are ineffective in reducing the number of
4. Resources across the geographic area are at a critical shortage level;
5. Proximity to substantial population centers;
6. The extent of wildland urban interface.
An area of public lands under Stage Three open fire/burning restriction shall be closed to all entry except for individuals carrying a written permit, Federal, State and Local officers or members of organized search and rescue or firefighting forces performing official duties and resident landowners and lessees.
Section 6. Exceptions
EXCEPTIONS TO STAGE ONE, TWO AND THREE RESTRICTIONS
The following shall be exempted from the provisions of Section 4 of these Restrictions:
a. Sale, use and possession of permissible fireworks as defined in §12-28-101(3) and (8), C.R.S. between May 31 and July 5 of any year, unless the Board of County Commissioners makes a written express finding that all, or a portion, of Fremont County is in a state of high fire danger, based on competent evidence, which includes the use of the national fire danger rating system and any other similar indices or information;
b. Fireworks displays properly permitted pursuant to §12-28-103, C.R.S.;
b. Burning of explosive wastes by the manufacturer of explosives in areas zoned
for industrial use, when a fire department or fire protection district supervises
d. Open fires or open burning by any federal, state or local officer, or member of
an organized fire protection district or department in the performance of official fire suppression, prevention, training function or other duties.