Washington Code 76.04.455 – Discarding lighted material or smoking flammable material — Discharge, release, or detonation of certain materials — Receptacles in conveyances — Posting a copy of this section
Current as of: 2023 | Check for updates
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(1)(a) Except as otherwise provided in this subsection, it is unlawful for any person to, during the closed season:
Terms Used In Washington Code 76.04.455
- Closed season: means the period between April 15th and October 15th, unless the department designates different dates because of prevailing fire weather conditions. See Washington Code 76.04.005
- Department: means the department of natural resources, or its authorized representatives, as defined in chapter 43. See Washington Code 76.04.005
- Exploding target: means a device that is designed or marketed to ignite or explode when struck by firearm ammunition or other projectiles. See Washington Code 76.04.005
- Incendiary ammunition: means ammunition that is designed to ignite or explode upon impact with or penetration of a target or designed to trace its course in the air with a trail of smoke, chemical incandescence, or fire. See Washington Code 76.04.005
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Sky lantern: means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne. See Washington Code 76.04.005
- Suppression: means all activities involved in the containment and control of forest fires, including the patrolling thereof until such fires are extinguished or considered by the department to pose no further threat to life or property. See Washington Code 76.04.005
(i) Discard any lighted tobacco, cigars, cigarettes, matches, fireworks, charcoal, or other lighted material, discharge any incendiary ammunition, release a sky lantern, or detonate an exploding target on or over any forest, brush, range, or grain areas; or
(ii) Smoke any flammable material when in forest or brush areas except on roads, cleared landings, gravel pits, or any similar area free of flammable material.
(b) The prohibitions contained in this subsection do not apply to the detonation of nonflammable exploding targets on any forest, brush, range, or grain areas if the person detonating the nonflammable exploding target:
(i) Has lawful possession and control of the land in question; or
(ii) Has prior written permission for the activity from the person who owns or has lawful possession and control of the land in question.
(c) The prohibitions contained in this subsection do not apply to suppression actions authorized or conducted by the department under the authority of this chapter.
(2)(a) Except as otherwise provided in this subsection, it is unlawful for any person to, during any time outside of the closed season, discharge any incendiary ammunition, release a sky lantern, or detonate an exploding target on or over any forest, brush, range, or grain areas.
(b) The prohibitions contained in this subsection do not apply if the person conducting the otherwise prohibited action:
(i) Has lawful possession and control of the land in question; or
(ii) Has prior written permission for the activity from the person who owns or has lawful possession and control of the land in question.
(3) Every conveyance operated through or above forest, range, brush, or grain areas must be equipped in each compartment with a suitable receptacle for the disposition of lighted tobacco, cigars, cigarettes, matches, or other flammable material.
(4) Every person operating a public conveyance through or above forest, range, brush, or grain areas shall post a copy of this section in a conspicuous place within the smoking compartment of the conveyance; and every person operating a saw mill or a logging camp in any such areas shall post a copy of this section in a conspicuous place upon the ground or buildings of the milling or logging operation.