01- 669 C.M.R. ch. 501, § 2

Current through 2024-51, December 18, 2024
Section 669-501-2 - GENERAL FIRE PERMITS FOR OUTDOOR FIREPLACE AND CHARCOAL GRILL USE WHEN A BAN IS NOT IN PLACE
1.Scope, Purpose, and Applicability
A.Scope and Purpose. Under Title 12 M.R.S.A. Chapter 807, with few exceptions, fire permits are required for all outdoor fires on state, municipal, or private lands within Maine. The purpose of Section 2. is to establish fire safety standards and the process that facilities covered by this section may follow to obtain a general fire permit, in lieu of a single-use fire permit, for outdoor fireplace and charcoal grill use. Sites with general fire pen-nits are not automatically exempted from a Governor's Proclamation banning outdoor fires.
B.Applicability. Section 2 applies to licensed camping facilities in unorganized towns, public and municipal campsites statewide, public and municipal outdoor facilities with fireplaces or charcoal grills statewide, and other non-residential campsites statewide. Per Title 12 M.R.S.A. Chapter 802, Section 2 does not apply to residential use of fireplaces and grills, recreational fires when the ground is covered with snow, and fireplaces and grills in a recreational camp or camping area licensed by the Department of Health and Human Services located in organized towns, which are exempt from fire pen-nit requirements.
2.Definitions
A. A "General Permit" is a written document from the Bureau verifying that a facility or campsite has been inspected and meets the Fire Safety Requirements or has a fire plan approved by the Director. The general permit authorizes outdoor fireplace or charcoal grill use at that facility without the need for a new fire permit each time the fireplace or grill is used.
B. "Bureau" means the Bureau of Forestry, Department of Agriculture, Conservation and Forestry.
C. "Director" means the Director of the Bureau of Forestry or delegate.
3.Obtaining and Maintaining General Permit for Outdoor Fireplaces and Charcoal Grills
A. Facilities and Campsites covered by Section 2. may apply for a general permit from the Bureau's Forest Fire Control Division using one of the following methods:
(1) Arrange for a Bureau or a Bureau-delegate to inspect and approve each fireplace or charcoal grill site as complying with Fire Safety Requirements of Appendix A, Subsections A and B; or
(2) In lieu of inspection, submit for the Director's approval, a detailed written forest fire prevention and management plan which includes:
(a) proposed fire safety criteria for fireplaces and grills;
(b) a mechanism for restricting open fires in fireplaces and grills based on current and predicted fire danger; and
(c) a statement describing how the facility will police open burning activity in the fireplaces and grills.
B. If the site passes inspection, or the Director approves the fire management plan as submitted or with special conditions, the Bureau will issue the general permit to the owner/operator.
C. To maintain general permit status, the site must continue to comply with Fire Safety Requirements of Appendix A, Subsections A and B, and the owner/operator must have the general permit readily available for inspection by the Bureau or designated agent.
5.Suspension and Restoration of General Permit Status
A. General Permit status will be suspended when:
(1) The Bureau notifies the owner/operator in writing that in the Director's judgment, the site does not meet the Fire Safety Requirements of Appendix A, Subsections A and B, or other requirements of this Section; or
(2) The Governor proclaims a fire ban.
B.Restoration of General Permit Status
(1) If General Permit status is suspended for violation, a new General Permit will be issued only upon written request, and after a compliance inspection is conducted and the Director determines the eligible campsite fully meets all requirements of this Section.
(2) If General Permit status is suspended solely due to a proclaimed fire ban, it will automatically be restored after the fire ban has ended. The owner/operator should not reapply and the Bureau will not issue a new General Permit.

01- 669 C.M.R. ch. 501, § 2