50.07.230 Wildland Urban Interface

(a) General. The planning, construction, maintenance, education and management elements for the protection of life and property from wildfire shall comply with this section.

(b) Definitions. Refer to NFPA 1144 Chapter 3. Definitions and to the ICC International Wildland-Urban-Interface Code®, Chapter 2. Definitions.

(c) Plans. The plans for construction of any housing addition (along with planned water mains and fire hydrant locations) within or adjacent to wildland vegetation shall be submitted to the Turtle Mountain Fire & Rescue Department for review and approval (Ref. NFPA 1: 17.2).

(d) Extraordinary Fire Danger in Fire-Prone Areas. During times of extraordinary drought or wildland fire danger in fire-prone areas, the Turtle Mountain Tribe / Tribal Chairman shall be authorized to take any of the following measures:

(1) Restrict or regulate hazardous or fire-prone activities such as logging, welding or hot work, off-road travel, hunting, camping within hazardous areas.

(2) Restrict entry of hazardous areas to the general public (except for owners or persons leasing the property and guests, utility repair workers, public officers, fire personnel and tribal/BIA employees in the performance of their duties).

(3) Regulate, restrict, or prohibit any of the following in hazardous areas:

(A) Smoking (except within a cleared area or inside a motor vehicle).

(B) Tracer bullets, explosives or blasting.

(C) Use / Sale of Fireworks, smoke bombs, sparklers, bottle rockets.

(D) Lighted or smoking material used in connection with apiaries for smoking bees.

(E) Open-flame devices (of all kinds).

(F) Outdoor Fires (except for ceremonial fires within a cleared area).

(G) Incinerators, burn barrels and outdoor fireplaces.

(H) The use of chainsaws (unless equipped with spark arrestors and fire extinguishing equipment readily available).

(I) The use of ATV's, UTV's, or off-road vehicles; restrict them to established trails, and/or require spark arrestors, fire extinguisher(s) and/or fire extinguishing tools readily available when off-road.

(e) Clearance of Brush & Vegetative Growth from Electrical Transmission Lines.

(1) The utility company (Rural Electric Co-op) shall be responsible for clearance of brush and vegetative growth from electrical transmission and distribution lines in accordance with 17.3.5.1 of NFPA 1 and this section. (Ref. NFPA 1: 17.3.5.1.1).

(2) A combustible-free space around poles and towers shall consist of a clearing of not less than ten feet (10') in each direction from the outer circumference of the pole or tower (NFPA 1: 17.3.5.1.2). No person shall conduct any nearby controlled burning, unless this clearance is in place around poles and towers.

(3) Trimming Clearance: At the time of trimming, clearances shall not be less than those established by NFPA 1: Table 17.3.5.1.3.1.

(4) Electrical sub-stations shall be kept clear of weedy growth and vegetation.

(5) Electrical power line emergencies. The utility company shall perform the required work to the extent necessary to clear the hazard (downed trees, etc.) (NFPA 1: 17.3.5.1.5).

(6) Planting vegetation under or adjacent to energized electrical lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, shall grow within ten feet (10') of the energized conductors.

(f) Roadways, fire-access roads and driveways.

(1) Brush Clearance. Areas within ten feet (10') on each side of portions of roadways, private roads, fire-access roads and driveways to be cleared of combustible vegetation and other combustible growth. Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, or similar plants used as ground cover, to be exempt, provided they do not form a means of readily transmitting fire. (NFPA 1: 17.3.5.3).

(2) Overhead clearance. On all roadways, fire-access roads, and private roads or driveways, there shall be at least fourteen feet (14') of overhead clearance shall be maintained for fire apparatus, to include tree limbs, brush, overhead utility lines, guy wires and other obstructions.

(3) Access Gates. On any gates blocking any roadway or fire-access road, as well as private driveways over 150-feet in length, fire access gates shall be at least 12 feet wide. On any padlocked gates, the Turtle Mountain Fire Rescue Department shall be supplied with a key, with permission to install their own access lock on the chain, lock combination, phone number to call for gate access, or other means for gate access. For non-compliant gates during a fire emergency, the Fire Department shall be authorized to gain entry by whatever means necessary, at the owner's expense.

(4) Fire-access roads to be kept open. Designated fire-access roads shall not be blocked shut, fenced off (without an access gate), excavated out, built upon, or blocked shut be any means. Vehicles and the like shall not be abandoned on fire-access roads.

(g) Duty to Abate Hazardous Vegetation & Reduce Structural Ignition Hazards. Persons owning, leasing, controlling, operating, or maintaining buildings or structures in, or upon, or adjoining wildland fire-prone areas shall, from April through October, be responsible for maintaining their "Defensible Space" in accordance with this title and Section as follows:

(1) Immediate "Non-Combustible" Zone – Within 0-5 feet of primary structures (and any accessory structures within 30 feet):

(A) Remove all dead leaves, pine needles, dead or dried plant material, and vines from the roof, rain gutters, and foundation; from attached structures; and, from under or around attached wooden decks, porches, walkways, and fences (0-5 feet out).

(B) Relocate any firewood (at least twenty feet (20') away) from under or on wooden decks, porches, or building walls and foundations.

(C) Remove shrubbery, particularly High-Combustibility Shrubs (juniper bushes) from this zone.

(D) Fire-resistant plants and low-growing, well-spaced and well-tended flowers, and low-combustibility plants free of dead material shall be permitted in this zone (0-5 ft.).

(E) Replace flammable pine bark or wood mulch (within 0-5 ft.) with landscape rock or non-flammable material.

(F) Store trash containers, fuel cans, and combustible materials (that could ignite from burning embers) away from structures or buildings.

(G) Trim back any limbs from nearby trees that are overhanging or within ten feet (10') of chimneys or roof lines.

(H) Repair or Replace broken window panes, decaying wood, missing roof shingles, unscreened roof eaves or vents, or other openings though which burning embers could ignite or enter the home or structure. Screen vents with 1/8-inch metal screen to prevent entry of burning embers, insects or rodents.

(2) Intermediate "Lean. Clean and Green" Zone – Within 5-30 feet of primary structures (> 120 ft³) and within 10 feet of outbuildings (<120 ft³), maintain a fire break around the structure as follows:

(A) Prevent surface fire to crown fire extension. Prevent surface to tree/shrub to structure ignition as follows:

(i) Prune side limbs and foliage within ten feet (10') of the ground on mature trees, and on smaller trees, ⅓ to ½ the height of the tree. Limbs should be cut no closer than ¼- inch of the trunk to maintain the health of the tree.

(ii) Remove understory trees and large shrubs in the 30-foot zone that are growing underneath of or within 10-feet of other trees. NOTE: For technical assistance and guidance on what trees to take out, contact the B.I.A. Forestry office.

(iii) Prune and maintain shrubs (and similar sized ornamental trees) in the 30-foot zone; remove lower foliage at least 18 inches up from the ground and remove all leaf litter and dead vegetation on or under all shrubs and trees.

(iv) Cut and remove brush, weeds, seedlings, saplings, vines and heavy litter from under tree canopies to prevent surface to crown fire extension.

(B) Remove all High-Combustibility shrubs (junipers) in the 30-foot zone within 20 feet of structures and from each other. Low-Combustibility ornamental shrubs/plants/trees that are well-pruned, well-spaced – (2X the height of the tallest shrub), and free of dead foliage shall be permitted.

High Combustibility (fire-prone) Plants include the following:

 Volatile resins, oils or waxes that ignite easily and burn intensely.

 Narrow leaves or needles (often evergreen).

 Waxy or fuzzy leaves.

 Accumulations of fine, twiggy, dry or dead material on the plant or on the ground under the plant.

 Loose, papery or thick bark.

(C) Keep the 30-foot zone brushed out and mowed (including in back of the house and trimmed up against structures, under trees, and under parked vehicles) to a height of four inches (4") or less.

(D) Rake up and remove leaf litter or pine needles on the ground, especially that which is over two inches (2") in depth.

(E) Remove dead wood or branches on the ground, not to include neatly stacked firewood (as below).

(F) Firewood shall not be stacked within 20 feet of primary structures during "fire season". (Firewood sheds or lean-to's are desirable and shall be permitted as long as they are no closer than 20 feet to other structures).

(G) Combustible rubbish, abandoned vehicles, used tires, waste or discarded materials shall be removed from the 30-foot and 100-foot zones.

(H) Thin remaining trees and large shrubs so that there is at least ten feet (10') between tree crowns and from tree crowns to primary structures. NOTE: For technical assistance and guidance on what trees to take out, contact the B.I.A. Forestry office.

(3) Extended "Fuels Reduction" Zone – 30-100 feet from structures; or, to property line (whichever is less). Provide a fuel break within 30 feet to 120 feet of a structure as follows:

(A) Prune side limbs and foliage within ten feet (10') of the ground on mature trees, and on smaller trees, ⅓ to ½ the height of the tree. Limbs should be cut no closer than ¼- inch of the trunk to maintain the health of the tree.

(B) Remove understory and crowded trees and large shrubs in the 30 and 100-foot zone(s) that are growing underneath of or within 10-feet of other trees. NOTE: For technical assistance and guidance on what trees to take out, contact the B.I.A. Forestry office.

(C) Thin remaining trees and large shrubs so that there is at least ten feet (10') between tree crowns within 60 feet of structures and at least six feet (6') between tree crowns 60-100 feet from structures.

(D) Cut and remove brush, weeds, seedlings, saplings, vines and heavy leaf litter in the100 foot zone and cut as necessary to a height of six-inches (6") or less, including under tree canopies, to prevent surface to crown fire extension.

(E) Remove woody debris, *hazardous trees, weeds, dead and downed trees, and accumulations of branches, dead wood and limbs from the 30 and 100 foot zones (Except for neatly stacked firewood and brush/woody debris that is neatly stacked/piled with a 10' cleared area for burning before or after fire season NOTE: See Burn Permit requirements under Title 26section 26.20.100). *Contact Forestry if assistance is required with removing hazardous trees.

(F) Dispose of any slash or dozer piles, Combustible rubbish, abandoned vehicles, used tires, waste or discarded materials from the 30-foot and 100-foot zones.

(h) Vehicle Parking Areas.

(1) Vehicle parking areas on public and private property shall be maintained free of dry grasses and fine fuels that could be ignited by hot exhaust systems or firebrands (NFPA 1144: 5.11).

(2) Vehicles, trailers, camping trailers, and motorized equipment shall not be parked or left abandoned in hazardous areas of tall grass, brush or combustible vegetation. The Fire Chief or Fire Inspector shall be authorized to require the vehicle(s) to be removed, or the area cleared or mowed of all dry grasses, brush and fine fuels.

(i) Dumping in Wildland Areas.

(1) Waste Material. Waste material shall not be placed, deposited or dumped in wildland areas (forests, parks, grasslands); in, on or along trails, fire-access roads, roadways or highways; or, against structures in wildland-urban interface areas (2006 IWUIC A106.1) Exception: Tribally-approved public and private dumping areas.

(2) Ashes and coals: Ashes and coals shall not be placed, deposited or dumped in wildland areas (forests, parks, grasslands), or within any area of flammable vegetation. Exceptions: In the hearth of an established fire pit, camp stove or fireplace; When the ground is snow-covered; Where ashes are buried or covered with dirt at least 25 feet from flammable vegetation (2006 IWUIC A106.2).

(j) Propane Tanks. The storage, use and handling of Liquefied Propane Gas (LPG) storage tanks shall comply with the requirements of NFPA 1 Fire Code ® Chapter 69; NFPA 58 Liquefied Petroleum Gas Code®; and shall have the following minimum clearances:

(1) A ten ft. wide (10') cleared fire break on all sides to bare mineral soil, gravel/rock, concrete, grass cut to less than 4-inches in height, or combination thereof; and,

(2) No flammable material for an additional ten feet (10') around their exterior.

(3) Any out-building storing propane gas cylinder(s), either empty or full, shall have clearance, as above (a-b). NOTE: This refers to sheds where propane tanks are stored as used on camping trailers, gas BBQ grills, stoves, etc. An empty cylinder can be just as dangerous in a fire, as a full one.

(k) Building Design, Location and Construction in Wildland Areas. This shall apply to any new structures, structures newly relocated, or newly renovated.

(1) Separation distances between primary and accessory structures on each lot or home site; and, primary and accessory structures on adjacent lot(s) shall not be less than thirty feet (30') (NFPA 1144: 5.1.3.1). Exception: existing structures already in place and those of fire-resistant construction.

(2) Roof Materials: The use of wood-shake shingles for building construction in wildland or wildland-urban-interface areas shall be prohibited.

(3) Roof gutters, downspouts, and connectors shall be non-combustible (NFPA 1144: 5.3.2).

(4) Vents and vent openings shall be screened with a corrosion-resistant, noncombustible wire mesh with a screen opening not to exceed nominal 1/8-inch size; or equivalent vents listed as complying with ASTM E2886 Test Method for Evaluating the Ability of Exterior Vents to Resist the Entry of Embers and Direct Flame Impingement (NFPA 1144: 5.3.3).

(5) Eaves shall be enclosed with exterior fire-resistant treated wood, ignition-resistant or noncombustible materials, or materials exhibiting resistance to wildfire penetration as per ASTM E2957-15. (NFPA 1144: 5.3.4).

(6) Exterior Windows, windows within exterior doors, and skylights shall be of tempered glass, multilayered glazed panels, glass block, or have a fire-resistance rating of not less than 20-minutes (NFPA 1144: 5.7.1).

(7) Exterior Window Screening shall be installed and maintained using noncombustible (metal) mesh to minimize the collection of embers (firebrands) and their entry through open windows (NFPA 1144: 5.7.2).

(8) Mobile and Manufactured Homes. Permanently located mobile and manufactured homes with an open space beneath, shall have a skirt of noncombustible materials (metal), fire-retardant treated wood, or other ignition-resistant material (NFPA 1144: 5.10.1).

(9) Garden Hose Spigots. Any structures in wildland areas, equipped with indoor plumbing, shall be equipped, on opposite sides of the structure, with exterior freeze-proof garden hose (3/4" GHT) spigots, supplied by not less than 5/8-inch inside-diameter piping. (NOTE: Firefighters and residents have used these to save houses during wildfire outbreaks. Fire hydrants in the rural areas are few and far between. When the tank on the fire truck runs out of water and has to return, garden hoses could be the only means to defend rural structures, especially when multiple houses are threatened at the same time.)