Without obtaining a permit issued under RCW 70.94.650,
fire protection district firefighters may set fire to structures
located outside of urban growth areas in counties that plan under
the requirements of RCW 36.70A.040, and outside of any city with
a population of ten thousand or more in all other counties, for
instruction in methods of fire fighting, if all of the following
conditions are met:
(1) In consideration of prevailing air patterns, the fire is
unlikely to cause air pollution in areas of sensitivity downwind
of the proposed fire location;
(2) The fire is not located in an area that is declared to
be in an air pollution episode or any stage of an impaired air
quality as defined in RCW 70.94.715 and 70.94.473;
(3) Nuisance laws are applicable to the fire, including
nuisances related to the unreasonable interference with the
enjoyment of life and property and the depositing of particulate
matter or ash on other property;
(4) Notice of the fire is provided to the owners of property
adjoining the property on which the fire will occur, to other
persons who potentially will be impacted by the fire, and to
additional persons in a broader manner as specifically requested
by the local air pollution control agency or the department of
ecology;
(5) Each structure that is proposed to be set on fire must
be identified specifically as a structure to be set on fire. Each other structure on the same parcel of property that is not
proposed to be set on fire must be identified specifically as a
structure not to be set on fire; and
(6) Before setting a structure on fire, a good-faith
inspection is conducted by the fire agency or fire protection
district conducting the training fire to determine if materials
containing asbestos are present, the inspection is documented in
writing and forwarded to the appropriate local air authority or
the department of ecology if there is no local air authority, and
asbestos that is found is removed as required by state and
federal laws.
[2000 c 199 § 1; 1994 c 28 § 1.]