<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 26.11.07.03" title_num="26" subtitle_num="11" chapter_num="07" heading="Control Officer May Authorize Certain Open Fires.">
  <paragraph num="A.">
    <text>In Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worcester counties:</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A hazardous condition or air pollution or nuisance will not be created;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Fire control laws or regulations of other governmental agencies will not be violated;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Materials which produce dense smoke when burned, including, but not limited to, tires and roofing material, will not be burned;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The material to be burned shall have originated on the premises on which it is to be burned;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A hazardous condition or air pollution or nuisance will not be created;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Fire control laws or regulations of other governmental agencies will not be violated;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Materials which produce dense smoke when burned, including, but not limited to, tires and roofing material, will not be burned,</text>
      </paragraph>
      <paragraph num="(f)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>The material to be burned shall have originated on the premises on which it is to be burned;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The following exceptions apply:</text>
      <paragraph num="(a)">
        <text>Methods of disposal by burning acceptable to the Department may be approved for use when distance limitations cannot be met;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Prohibition on Open Burning.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Exceptions. The provisions of §C(1) of this regulation do not apply to:</text>
      <paragraph num="(a)">
        <text>Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Open fires for recreational purposes such as campfires;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Fires authorized under Regulation .04 of this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>