Agenda 01/24/2017 Item #11B01/24/2017
EXECUTIVE SUMMARY
Recommendation to accept Staff’s report on Wildfire Mitigation in the rural residential areas of
Eastern Collier County and provide further guidance as needed.
OBJECTIVE: To provide the Board with information and options for addressing Wildfire Mitigation
efforts in the County.
CONSIDERATIONS: At its November 8, 2016 meeting, the Board directed the County Manager to
research and provide options regarding the Wildfire Mitigation efforts especially within the rural areas of
the County. Wildfires are recognized as a significant hazard for the residents of Collier County.
The Bureau of Emergency Services remains quite proud of the joint efforts of our partnering agencies.
Since November 8th two meetings were held with agencies to discuss what can be done to make Collier
County a more wildfire resistant community. Some of the concepts and recommendations to be provided
in the presentation will include:
Addressing efforts for prescribed burns near the Oil Well and Immokalee road corridor toward
the south blocks.
Evaluating water points for fire suppression.
Evaluating the process of making new fire breaks for prevention as well as maintaining existing
fire breaks.
Discussing possible minor amendments to the Land Development Code in support of Firewise®
Community wildfire mitigation principles.
Emergency Management and partner agencies are working on joint public education resources
and outreach.
These concepts and additional information will be presented to the Board by the Director of Emergency
Services and Emergency Management.
FISCAL IMPACT: There is no fiscal impact associated with this action
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal
issue at this time, and requires majority vote for acceptance of the report. -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
item.
RECOMMENDATION: That the Board of County Commissioners accepts Emergency Management’s
presentation on the Wildfire Mitigation efforts and provides further guidance as needed.
Prepared by: Dan E. Summers, Director, Bureau of Emergency Services
ATTACHMENT(S)
1. Collier Burning Ban Ord (PDF)
2. Wildfire Mitigation and Prevention Presentation Ver. 6. des (PDF)
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01/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Item Summary: Recommendation to accept Staff’s report on Wildfire Mitigation in the rural
residential areas of Eastern Collier County and provide further guidance as needed. (Dan Summers,
Division Director, Bureau of Emergency Services)
Meeting Date: 01/24/2017
Prepared by:
Title: Executive Secretary – Emergency Management
Name: Kathy Heinrichsberg
01/03/2017 11:32 AM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
01/03/2017 11:32 AM
Approved By:
Review:
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 01/10/2017 3:36 PM
Emergency Management Daniel Summers Additional Reviewer Completed 01/10/2017 4:59 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 01/11/2017 5:18 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2017 10:32 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/12/2017 3:51 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 01/13/2017 3:00 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/16/2017 9:54 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/24/2017 9:00 AM
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Chapter 58 - FIRE PREVENTION AND PROTECTIONIT
Footnotes:
-- (1)--
Cross reference- Emergency services, ch. 50; various special districts providing fire control, ch.122
Land development code reference- Explosives, div. 3.4.
Special act reference- Special acts pertaining to fire prevention and protection, ch. 230.
State Law reference- Authority to provide fire protection, F.S. S 125.01(1 )(d); fire prevention and
control, F.S. ch. 633.
ARTICLE I. - IN GENERAL
Sec. 58-1. - Outdoor burning and use of incendiary devices.
(a) Title and definitions.
(1) Irtle. This Ordinance shall be known as the "Regulation of Outdoor Burning and lncendlary
Devices during Drought Conditions Ordinance".
(2) Definitions.
a. "Fireworks" means and includes any combustible or explosive composition or substance or
combination of substances as defined in F.S. S 791.01. "Fireworks" does not include
sparklers approved by the Division of the State Fire Marshal of the Department of Financial
Services.
b. "Open Burning" means any outdoor fire or open combustion of material that produces visible
emissions.
c. "Trash" means any discarded material.
d. "Yard Trash" means vegetative matter resulting from landscaping and yard maintenance
operations and other such routine property cleanup activities. The term includes materials
such as leaves, shrub trimmings, grass clippings, brush, and palm fronds. lt does not include
household garbage.
e. "Yard Waste" means vegetative matter resulting from landscaping and yard maintenance
operations and other such routine property clean-up activities. lt includes materials such as
leaves, shrub trimmings, grass clippings, palm fronds, and brush. lt does not include land
clearing debris or tree cutting debris.
(b) Declaration of Local Emergency. The Collier County Board of County Commissioners ("Board"),
convened in regular session, hereby declares and ordains that a local emergency exists within Collier
County, Florida, requiring immediate measures to protect the public health, safety and welfare, and to
protect real and personal property in Collier County. This Ordinance is adopted after public hearing
pursuant to, and in accordance with F.S. S 125.66(3).
(c) Purpose and lntent. The purpose of this Ordinance is to limit fire hazards in Collier County on an
emergency basis during periods and conditions of extreme drought by regulating the use of outdoor
ignition sources in order to protect the public health, welfare and safety and to reduce the risk of loss
and damage to real and personal propefty. This Ordinance shall be applicable upon the Board
declaring a state of local emergency by subsequent resolution as set forth below. This Ordinance shall
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be suspended at all times when the Board has not declared by resolution that a state of local
emergency exists. This Ordinance is further adopted to effectuate a mechanism whereby the Board
can act relatively quickly to rapidly changing drought conditions.
(d) Jurisdiction and Enforcement. The areas subject to this Ordinance shall be all the unincorporated
areas of Collier County, Florida. The sheriff and any other law enforcement officers as defined by
general law with jurisdiction in the County, and designated Collier County code enforcement officers,
shall have the authority to enforce the terms and provisions of this Ordinance and any approved County
Resolution implementing this Ordinance.
(e) lmplementation by Resolution. When the County Manager makes a determination that there exists a
drought emergency, the County Manager shall send written notification of such condition to the
Chairman of the Board. The County Manager in making the determination of the existence of a drought
emergency shall take into consideration such factors including, but not limited to the following:
A. The Keetch/Byram Drought lndex, or any similar such index.
B. Discussions and consultation with the Division of State Forestry.
C. Consultation with fire chiefs in the County.
D. Study of meteorological conditions and climatological forecasts.
E. Whether the condition of the vegetation in the County makes it susceptible to ignition.
F. Any actions taken by surrounding jurisdictions in regard to drought conditions and fire hazards.
G. Any other condition or factor which could have a bearing on existing fire hazard conditions and
which reasonable persons of prudence would normally rely on to determine if a fire hazard
condition exists.
ln making such written presentation to the Chairman of the Board or the Vice-Chairman in his or her
absence, the County Manager will recommend which prohibitions to impose and under what, if any,
conditions open burning or the discharge of fireworks or other incendiary devices will be allowed. The
Chairman of the Board or the Vice-Chairman in his or her absence may execute a Resolution imposing
any or all of the prohibitions as conditions warrant without Board action. In the absence of the Chairman
and Vice-Chairman; the next county commissioner in order of seniority, or if two or more were
appointed on the same date, then in alphabetical order among them may take action in accordance
with this section. Outdoor burning may include, but shall not be limited to, campfires, bonfires, trash
burning and other similar open incineration. When outdoor burning is prohibited, such prohibition shall
not be construed to apply to outdoor burning or land clearing where the Florida Forest Service has
issued a permit or other authorization. The ban shall take effect upon approval of the Resolution. The
County Manager, at the next scheduled public meeting of the Board, shall notify the Board of the
Resolution. The Resolution shall remain in effect until a like Resolution repealing the burning ban is
adopted by the Board and upon adoption of the repeal, the restrictions on burning or discharge of
fireworks shall be immediately lifted. Further, the Board from time to time may amend any Resolution
by changing, deleting, or modifying the provisions on burning and discharge of fireworks depending
on changes in the drought conditions.
(0 Prohibition. The Resolution imposing the ban on open burning or discharge of fireworks may prohibit
any or all of the following, depending on the recommendation of the County Manager and the severity
of the drought conditions. A Resolution may make it unlawful for any person to set fire or cause fire to
be set to any forest, grassland, wild land, marsh, vegetation, or land in an urban or rural area including
those associated with agriculture, pile burning, or the building of campfires, bonfires, the burning of
yard trash, household garbage, refuse, or other debris in the unincorporated areas of Collier County,
unless otherwise provided herein as an exception. ln addition, the Resolution may prohibit any person
or entity from discharging, causing to be discharged, or the sale of any fireworks or incendiary devices
that may cause or have a tendency to cause wildfires as defined in F.S. S 590.015. Further, the
Resolution may prohibit the holding of any event including, but not limited to, events involving
motorcycles, automobiles, or any other vehicles or equipment that may cause hot exhaust gases or
high temperatures that may be generated by catalytic converters or other devices on such vehicles in
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an open or uncontrolled area that is susceptible to wild fires. Bans on the sale of fireworks shall only
be done in the most exigent of circumstances and when drought conditions are so severe as to
constitute an actual emergency.
(g) Publication. Within a reasonable time after adopting such Resolution, the County Manager shall notify
the public by radio, television, and electronic media of the applicability of this Ordinance and any
subsequent implementing Resolutions.
(h) Exceptions.
1. Nothing contained herein or in any implementing Resolution shall be construed to:
(a) Prohibit lawful activities involving incendiary devices, fire, or flame in controlled industrial or
commercial processes for which permits have been issued, or if no permit is issued, take
place in a controlled industrial or commercial environment and are part of the manufacturing
or some type of assembly process such as to make it unlikely that such incendiary flame or
heat generating device will cause any type of wild fire or be a danger outside of the premises
where the procedure or process is being used; or
(b) Prohibit residential outdoor cooking provided the same is done on a suitable piece of
equipment designed to contain the fire, flame, and heat generated thereby. Further, outdoor
cooking may also be done in any public or private place where there are facilities designed
for outdoor cooking which would contain the heat, flames, or fire othenvise generated by
outdoor cooking. All outdoor cooking areas shall be free of burnable materials within an area
having a circumference which extends not less than three (3) feet beyond the nearest edge
of the fire.
2. The provisions of this Ordinance or in any implementing Resolution shall not apply to any duly
existing or constituted fire department, fire district, or volunteer fire department conducting training
exercises involving open fire or flame solely for training purposes under controlled conditions.
(i) Violations and Penalties. Any violation by any person of any requirement or provision of this Ordinance
or any approved County Resolution implementing this Ordinance shall be considered a Civil lnfraction
and may be prosecuted in the same manner as described in Ord. No. 2007-44, the Collier County
Consolidated Code Enforcement Ordinance, as amended, with such penalties as set forth therein. Any
law enforcement officer issuing a Notice to Appear or making an arrest pursuant to a violation of this
Ordinance or any approved County Resolution implementing this Ordinance shall seize, or safely
destroy and appropriately document if seizure is deemed impractical or inappropriate by the
investigating officer(s), any incendiary device or ignition source being used in such violation for the
purpose of preserving evidence of the violation. Each day any violation subject to the provisions of this
Ordinance or any approved County Resolution implementing this Ordinance shall be considered a
separate violation subjecting the violator to the fines andlor imprisonment specified herein.
(Ord. No. 2009-23, $$ 1-9; Ord. No. 2013-22, $$ 1-6)
Secs. 58-2-58-25. - Reserved.
ARTICLE II. - FIRE SAFETY STANDARDSIA
Footnotes:
-- (2) --
Gross reference- Buildings and building regulations, ch. 22; Florida Building Code, 5 22-26 et seq.
State Law reference- Minimum and uniform fire safety standards, F S. S 633.022 et seq.
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www.firewise.org
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