Section 669-501-1 - CONTINUED USE OF OUTDOOR FIREPLACES AND CHARCOAL GRILLS DURING A FIRE BAN1.Scope and Purpose Under Title 12, M.R.S.A., Chapter 807, the Governor may, by proclamation, ban outdoor fires as considered necessary. The chapter also permits the governor to allow licensed camping facilities and certain public campsites to continue outdoor fireplace and charcoal grill use during a ban, provided they fully comply with fire safety criteria and procedures established by the Bureau. The purpose of Section 1 is to establish the specific safety standards that must be met, and the process that eligible campsites follow, to obtain a certificate permitting continued use of outdoor fireplaces and charcoal grills during a fire ban.
2.DefinitionsA. "Bureau" means the Bureau of Forestry, Department of Agriculture, Conservation and Forestry.B. "Director" means the Director of the Bureau of Forestry or delegate.C. "Eligible Campsite" means a "licensed camping facility" or a "certain public campsite." A "licensed camping facility" is a recreational camp or camping area licensed by the Department of Human Services, under Title 22, M.R.S.A., Chapter 562. "Certain public campsites" is any camping facility under the jurisdiction of the State of Maine's Department of Agriculture, Conservation and Forestry or the Baxter State Park Authority, per Title 12 M.R.S.A., Chapter 807.D. "Exemption Certificate" is a written confirmation from the Director approving the owner-operator's application and statement certifying compliance with the requirements of this rule, and permitting continued use of fireplace and grills during fire bans.3.Obtaining an Exemption Certificate from Proclaimed Fire BansA.Application Process. Only eligible campsites may apply for a confirmation certificate, and for only those fireplaces and grills that meet the Fire Safety Requirements of Attachment A. The owner/operator may obtain a certificate by providing the following information in writing:(1) Copy of the license, if a licensed camping facility;(2) Map identifying the location of the campground and campsites;(3) Sketch of the location and size of each fireplace and grill to be exempted(4) The name, address, and telephone number(s) of the owner(s)/operator(s);(5) Certification by the owner/operator that all Fire Safety Requirements (Attachment A) of this rule have been met and will continue to be met; and (6) Certification that a notice of a fire ban proclamation(s) and the Fire Safety Standards of Appendix A will be posted timely at the campsite and remain posted during each fire ban.B.Timing of Application. Applications for confirmation certificates may be submitted at any time when a fire ban is not in place. Once the governor proclaims a fire ban, the Bureau will process only applications received before the effective date of the ban, or postmarked at least seven days prior to the effective date of the ban. Certificates for applications received after this deadline will not be issued until the current ban ends.C.Issuance of Certificate. If the application complies with this rule, the Bureau will issue an Exemption Certificate to the owner/operator -which permits the eligible campsite to continue outdoor fireplace and charcoal grill fires in listed sites during proclaimed fire bans. The Exemption Certificate is not intended as proof that the campsite complies with this rule.4.Maintaining Exemption Status To maintain exemption status, the eligible campsite must:
A. Have a valid Exemption Certificate;B. Send the Bureau a written update, if the information required under Subsection 3 chances;C. Comply with the Fire Safety Requirements of Appendix A, and other requirements of this rule; andD. Have the Exemption Certificate readily available for inspection by the Bureau or its delegate at the campsite's nearest office.5.Termination and Restoration of Exemption CertificateA.Termination The Exemption Certificate will be terminated if:
(1) In the Director's judgment, the site does not meet the Fire Safety Requirements of Appendix A or other requirements of this rule; or(2) The Bureau has not been notified of changes in owner, operator, or other site information as required by Subsection 3; or(3) The Governor's fire ban proclamation or valid law repeals or limits the exemption from fire bans.B.Restoration(1) If the Exemption Certificate is terminated for violation, exemption status will only be restored upon written request, and after a compliance inspection is conducted and the Director determines the eligible campsite fully meets all requirements of this rule.(2) If restoration is requested after a Governor's Proclamation has been issued, the request will not be processed until the ban ends, unless the request was postmarked at least seven days prior to the effective date of the fire ban.01- 669 C.M.R. ch. 501, § 1