N.H. Admin. Code § Res 5601.04

Current through Register No. 50, December 12, 2024

Section Res 5601.04 - Category I, II, and III Fire Permit

(a) A permittee shall be issued a category I, II or III fire permit if the forest fire warden or authorized issuing agent determines that:

(1) The permittee is the landowner or has the landowner's written permission;

(2) The permittee meets the required age limit;

(3) Except for public and private camp and picnic sites, the permittee meets the criteria for specified distances from structures as follows;

a.A category I fire is 25 feet from structures; or

b.A category II or III fire is 50 feet from structures;

(4) The material to be burned is clean, untreated wood or brush less than 5 inches in diameter, and meets applicable air resources regulations;

(5) Weather conditions are favorable as to prevent the spread or escape of the fire;

(6) The permittee has adequate suppression equipment to control the fire;

(7) The permittee meets the required timeframe as follows:

a.A category I for any time of day whether raining or not; or

b.A category II or III for between the hours of 5:00 p.m. and 9:00 a.m. unless it is actually raining; and

(8) The permittee has not had more than 2 open burning violations, or any grievous violations, within the past 7 years based upon the date of first offense.

(b) A category I, II or III fire permit shall include the following information:

(1) The name of permittee;

(2) The land owner name and address, if different than permittee;

(3) The location where fire is to be kindled;

(4) The date(s) the fire is authorized to occur and the specific time;

(5) The category of fire the permit is for;

(6) The name of the forest fire warden or authorized issuing agent;

(7) The town the forest fire warden or authorized issuing agent is from; and

(8) The date the fire permit was issued to permittee.

(c) Prior to being issued a fire permit, the permittee shall be required to provide their name, address, telephone number, and signature on the fire permit.

(d) If a forest fire warden or authorized issuing agent does not approve a request for a category I, II or III fire permit pursuant to (a) above, the forest fire warden or authorized issuing agent shall notify the permittee.

N.H. Admin. Code § Res 5601.04

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04

New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04

New. #8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14