Travis County Commissioners Court
Tuesday, November 22, 2011 (Agenda)
Item 2
'2'.
consider and take appropriate action on an order concerning outdoor burning in the unincorporated areas of Travis County.
>> good morning, hershel lee, fire martial.
I am here for the short time, taken recently the are cent rainfall and the fact brush has been accumulating a long period of time, knowing we don't take an opportunity to burn at least allowing conditions to allow it and the wind are not forecast to get up to 7-10 miles an hour, my recommendation to you this morning is to lift the current burn ban but to have it back next week for consideration.
>> hallelujah.
>> and if you choose to lift the burn ban this morning, I would like to -- I have some cautions, I want to remind the public that, number one, that if you start a fire intentionally on your property and that could include burning trash or brush, and allow the fire to get out and to spread to another person's property and do damage, by the penal code, that is a state jail felony and I have spoken to several fire chief this is morning and we will communicate to them, to the rest of them, that if they respond to a fires that allowed to get out of control, I would like them to notify the mire marshall's office in -- the fire marshal's office in every case of that and let us know that.
if the burn ban is lifted and the person chooses to burn, it needs to be done with a small manageable fire and if the fire gets out, it was not small enough or it was not manageable enough.
so any burn that is done, you must notify the local fire department prior to burning and the fire must be constantly attended at all times.
my recommendation to you today is to lift the current burn ban but let's have it back on next week for consideration.
>> if we do that, and go with your recommendations, my question is, how do we -- how will you alert the public to notify them of the lifting of the burn ban but, also, for those that actually want to participate in burning activities on their properties, what the penalty is if they allow that to be out of control and what is the consequence of failure to notify those persons that have to be in charge of this operation as far as the burn ban is concerned?
there is several part there is and I want to make sure that the public understands exactly what we are doing and what is the procedural process to make sure that they are in compliance.
so could you basically try to give us some type of information that maybe the public can be aware of on those kind of compliance issues?
>> yes, sir, commerce, today the thing upon the action you take, I will do a press release and if that burn ban is lifted, I will put all of those items in that press release.
and the fact that, while it is okay to burn when there is not a burn ban, that a fire must remain under control at all times and on the property where it started and post additional information.
we will try to get it on the website.
sometimes it takes a little more than the first day to get it on the website, but we will do our best to get it on the website as well but the information out to all of the local news media about this and about the issues of the fire having to remain under control.
>> who do they notify, though?
in other words, let's say I am getting ready to burn a small portion of something that needs to be burned on my property, and who do I notify that I am going to actually do that?
that's what I am trying to get down to publically.
>> okay.
and that information will always be with the local fire department and if they are not aware of the number for that, there is a link on my website or on the Travis County website where the fire marshal resides at, all of the local fire department numbers are listed, and they are listed by e is sc and by name -- by esc and by name and if you are not aware who your local agency is, you can call air office until tomorrow afternoon and of course after that, we will bal closed with the other county offices.
with your address, we can tell you who you need to contact or you can look at your tax statement and it will tell you which esc you are paying taxes to and by knowing which esd you are paying taxes to, you can find the number on our website.
>> what is the telephone number, if they are looking at that.
>> 512-854-4621.
>> thanks.
>> regarding the felony, did you run that by the county attorney?
>> it's in the penal code.
it was enacted, I believe, the -- not this past time but the time before.
>> there might be some other issues -- I guess I am having a hard time thinking, just because a fire spreads -- however --
>> that's a good point.
did -- every situation would need to be taken with a grain of salt.
that's why we want the local fire chiefs to notify us and we will take a look at and see what the conditions are and what happened.
not to say that every fire that gets out and burns into someone else's field is going to be worthy of a state jail felony, but if that fire were to get free and burn someone else's home, that might be a possibility.
>> the other thing is, the requirement to notify the local fire official, if you are burning outside is contained where?
fire code?
>> yes, sir, the fire code and it has been an adopted standard procedure in Travis County because a number of the emergency service districts require a permit fee and actually come out and look at every site before they burn, depending upon the size of that emergency service district, they may have personnel to go look at every site and that's why we want them to notify.
some of the emergency service districts do not have the staffing to go out and look at each individual burn site but we do want them to notify the fire department.
>> I move we follow staff's recommendations and lift the -- lift the addition of against outside burning and have this item on the agenda next week for appropriate action.
jim, when we lift the burn ban, we are doing an order lifting?
>> that's correct.
we will prepare you one.
>> any more discussion on the motion?
all that favor.
this passes by unanimous vote.
vote.
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