Md. Code Regs. 26.11.07.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.11.07.03 - Control Officer May Authorize Certain Open Fires

A. In Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worcester counties:

(1) Subject to review by the Department, the control officer, upon receipt of an application made on forms provided by the Department or local fire control agency, may issue or approve a permit in writing allowing an open fire, provided all of the following conditions are met:

(a) The control officer is satisfied that there is no practical alternate method to dispose of the material to be burned or to conduct the desired activities;

(b) A hazardous condition or air pollution or nuisance will not be created;

(c) Fire control laws or regulations of other governmental agencies will not be violated;

(d) Materials which produce dense smoke when burned, including, but not limited to, tires and roofing material, will not be burned;

(e) The material to be burned shall have originated on the premises on which it is to be burned;

(2) The control officer may impose other conditions to minimize creation of smoke, to prevent nuisances and air pollution, and to protect the health, safety, comfort, and property of any persons.

B. In Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince George's counties and Baltimore City during the period September 1 through May 31 of the following year:

(a) The control officer is satisfied that there is no practical alternate method for the disposal of the material to be burned or to conduct the desired activity;

(b) A hazardous condition or air pollution or nuisance will not be created;

(c) In Anne Arundel, Baltimore, Carroll, Harford, Howard, Montgomery, and Prince George's counties and Baltimore City, burning may not be done within 500 yards (457 meters) of one or more occupied buildings or heavily travelled public roadway;

(d) Fire control laws or regulations of other governmental agencies will not be violated;

(e) Materials which produce dense smoke when burned, including, but not limited to, tires and roofing material, will not be burned;

(f) All other conditions the control officer may impose to minimize creation of smoke, to prevent nuisances and air pollution, and to protect the health, safety, comfort, and property of any persons shall be satisfied;

(g) The material to be burned shall have originated on the premises on which it is to be burned;

(2) The following exceptions apply:

(a) Methods of disposal by burning acceptable to the Department may be approved for use when distance limitations cannot be met;

(b) A permit may be granted for fires set in the course of agricultural operations in growing crops or raising fowl or animals or in accepted forestry practice, when distance limitations cannot be met; this provision may not be construed as allowing the burning of ordinary household or barnyard trash in areas where provision is made for public collection of refuse.

C. Prohibition on Open Burning.

(1) In Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince George's counties and Baltimore City, open burning is prohibited during the period from June 1 through August 31 of each year, beginning June 1, 1995.

(2) Exceptions. The provisions of §C(1) of this regulation do not apply to:

(a) Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06 a;

(b) Open fires for recreational purposes such as campfires;

(c) Fires authorized under Regulation .04 of this chapter.

Md. Code Regs. 26.11.07.03

Regulations .03 amended effective May 22, 1995 (22:10 Md. R. 709)
Regulation .03B amended effective August 11, 1997 (24:16 Md. R. 1160)