RESOLUTION NO. 2026-07 Establishing Updated Terms and Conditions for the Issuance and Use of Burn Permits within the District WHEREAS, Chapter 52.12 RCW authorizes Fire Protection Districts to issue, regulate, and revoke burning permits for the protection of life and property; and WHEREAS, the Board of Fire Commissioners previously adopted a resolution requiring burn permits for open burning within the boundaries of San Juan County Fire Protection District No. 2, which was Resolution 1995-7, and further elaborated in Resolution 1996-10; and WHEREAS, the District has previously coordinated burn permit administration through agreements with San Juan County; and WHEREAS, the Board of Fire Commissioners has determined that the administration of burn permits is most effectively conducted directly by the Fire District; and WHEREAS, the Board of Fire Commissioners desires to update and clarify the terms and conditions governing the issuance and use of burn permits within the District consistent with Chapter 52.12 RCW and other applicable laws. NOW, THEREFORE, be it resolved that the updated terms and conditions for the Issuance and Use of Burn Permits within the District are as follows: Section 1. Repeal and Replacement. Resolution 1995-7 and Resolution 1996-10 are hereby repealed and replaced in its entirety. The following provisions shall govern the issuance and use of burn permits within the boundaries of San Juan County Fire Protection District No. 2. Section 2. Permit Required. A written burn permit issued by San Juan County Fire Protection District No. 2 is required for any open burning activity not otherwise exempted by state law, regulation, or Fire District policy. Each burn permit shall contain, at a minimum: permit number; permit holder name and address; burn location; type and purpose of burn; authorized materials; eff-ective and expiration dates; and any restrictions or special fire protection requirements. Section 3. Authority to Issue Permits. The Fire Chief or designee is authorized to issue, deny, suspend, revoke, modify, or condition burn permits and establish administrative procedures. The Fire Chief or designee may issue permits for otherwise lawful residential, commercial, agri-cultural, land-clearing, habitat restoration, vegetation management, and silvi-cultural burning activities. The Fire District shall not issue permits for lands under DNR permitting jurisdiction except as authorized by law. Permit fees may be established and administered by the Fire Chief. Fees may be waived by the Fire Chief when doing so serves a public benefit or Fire District purpose. Recreational fires may be conducted without a burn permit when otherwise allowed by law and Fire District regulations and not prohibited by burn restrictions. Section 4. Conditions of Burning. All permitted burning shall occur only on approved burn days and hours. Permit holders shall maintain the permit at the burn site, cooperate with Fire District personnel, attend the fire at all times until extinguished, maintain adequate suppression equipment, and comply with all permit conditions and applicable laws. Permit holders are responsible for preventing the escape of fire and for suppression costs, damages, lia-bilities, or penalties authorized by law resulting from an escaped or noncompliant fire. Section 5. Suspension or Revocation. Any permit may be suspended, modified, or revoked immediately whenever conditions become unsafe, a burn ban is enacted, permit conditions are violated, the fire creates a nuisance or hazard, or such action is necessary to protect life or property or abate a nuisance. Section 6. Burn Restrictions and Burn Bans. The Fire Chief may impose restrictions or temporary prohibitions on burning within all or part of the District. Section 7. Compliance with Other Laws. Issuance of a burn permit does not relieve any person from complying with applicable federal, state, county, local, or tribal laws, regulations, rules, orders, or permit requirements. Section 8. Liability. Issuance of a burn permit does not constitute an assumption of responsibility by the Fire District. The permit holder assumes all risks and responsibilities associated with the permitted activity. Section 9. Enforcement. Violations of this Resolution or permit conditions may result in immediate fire suppression, permit suspension or revocation, recovery of suppression costs as authorized by law, and any civil or criminal penalties authorized by law. Section 10. Administration. The Fire Chief is authorized to develop and implement forms, procedures, operational guidelines, and administrative practices necessary to administer the burn permit program. Section 11. Severability. If any portion of this Resolution is declared invalid, the remaining portions shall remain in full force and effect. Section 12. Effective Date. This Resolution shall become effective in accordance with RCW 52.12.102 following the required publication and posting and shall remain in effect until amended or repealed. ADOPTED by a majority vote of the Board of Commissioners of Orcas Island Fire and Rescue this 8th day of September 2026.   Legal No.S1036202 Published: The Islands Sounder September 16, 23, 30, 2026

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