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TO: Honorable Board of County Commissioners THROUGH: James E. Chandler, County Administrator FROM: Douglas M. Wright, Litt Emergency Services 1 DATE: February 5, 2001 SUBJECT: Approval of Resolution Declaring a State of Local Emergency Restricting Non - Permitted Open Buming Lower than normal winter rainfalls have caused Indian River County to experience extremely dry conditions. Daily conditions of moderate winds, low humidity, and dry vegetation concern staff as to the propensity for brush fires to propagate rapidly once ignited. Under Chapter 590, Florida Statutes. the Florida Division of Forestry (FDOF/DOF) has the primary responsibility for prevention, detection, and suppression of wildfires wherever they may occur. However, the DOF is dependant upon the Emergency Services Fire Division to protect improved properties within the urban/rural interface. Given the extreme drought conditions now existing. staff is in daily contact with DOF staff regarding cooperative efforts in the event of a significant brush fire. The Keetch-Byram Drought Index utilized in this state. uses a scale from zero (extremely wet) to 800 (near -desert conditions). Indian River County's index has been more than 600 for approximately a week and as of February 4, 2001, the County index was 628. This county is one of only fifteen (1 of 15) counties in the state within this high end range which signifies a substantial danger risk. Other counties have experienced similar drought conditions and several have asked the State for pro -active measures such as a bum ban. Governor Jeb Bush, under Executive Order 01-25, recognized the imminent danger of wildfires, but stopped short of issuing a burn ban. The Executive Order only authorized the DOF to utilize the necessary resources to cope with a wildfire emergency and empowered the Florida Division of Emergency Management with the over all authority to coordinate the assignment of firefighting support missions requested by the DOF. Given this position by the State, the DOF must entertain requests daily for open burning permits which can only be declined if wind conditions, humidity, and the recent number of accidental fire starts justify a prohibition for that day. Most of the requested permits are related to agriculture operations silviculture, and the clearing of large tracts of land. The County has the authority under Florida Statutes, Chapter 252.38(3)(a)5, to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community Staff submits that the requested action to restrict burning is necessary to ensure the health. safety, and welfare of the community given the rising drought index and extreme fire conditions If approved, the declaration of local emergency must be renewed in seven (7) day increments. Absent this authority to restrict burning, local law enforcement and the Fire Division have no substantive authority to require extinguishment of such fires unless the smoke resents a health or traffic hazard. The DOF has committed to assisting local government should a declaration be enacted which is very helpful given they have citation authority. February 13, 2001 BK 11i 132 120 ev