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DRAFT <br />ORANGE COUNTY BOARD OF COMMISSIONERS ~$ <br />Resolution Proposing Changes to the Open Burning Permits Issuance <br />System to Remove the Burning Prohibition Exemption, Specifically in <br />Periods of Drought, Or, In the Alternative, Requesting Local Government <br />Authority to Prohibit Open Burning Without the State's Declaration of a <br />Hazardous Condition <br />WHEREAS, residents of the State of North Carolina depend on state and local <br />governments to protect their health, safety, and welfare; and <br />WHEREAS, the State of North Carolina currently has in place a system far the issuance <br />of burning permits so that members of the public can dispose of yard debris and other <br />associated waste; and <br />WHEREAS, this burning permit issuance system alerts governmental officials that <br />burning activities will be occurring and also provides the opportunity far officials to <br />educate the public regarding the practices and safeguards that should be employed; and <br />WHEREAS, the enabling statutes for this burning permit system also provide the <br />opportunity to prohibit all open burning during periods of hazardous forest fire conditions <br />ar during air pollution episodes; and <br />WHEREAS, the same enabling statutes exempt from such prohibition any fires started <br />1) within 100 feet of an occupied dwelling house if the fire is confined within an <br />enclosure from which burning material may not escape or 2) within a protected area <br />upon which a watch is being maintained and which is provided with adequate fire <br />protection equipment; and <br />WHEREAS, when the force of an open burning prohibition during hazardous forest fire <br />conditions is nullified as is the case under the exemption provision, the health, safety, <br />and welfare of any individuals conducting burning activities and the entire the public at <br />large is compromised; <br />WHEREAS, there have been more forest fires in the first 3 months of 2006 than in the <br />entire 2005 calendar year, and the current year marks the seventh out of the last 10 <br />years that North Carolina has experienced drought conditicns, creating on-going <br />hazardous conditions for burning activities; <br />NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of <br />Commissioners, hereby call upon the North Carolina General Assembly to amend the <br />statutes related to open burning tc remove the open burning prohibition exemption that <br />is currently available during periods of hazardous forest fire conditions, during drought <br />periods, or during air pollution episodes. <br />BE IT FURTHER RESOLVED that, in the alternative, we hereby call upon the General <br />Assembly to grant local governments the authority to prohibit open burning without the <br />State's declaration of a hazardous condition since local fire authorities are best suited to <br />assess local conditions and determine the best courses of action related to burning <br />activities. <br />This the 18~h day of April 2006 <br />Barry Jacobs, Chair <br />Orange County Board of Commissioners <br />