<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 26.11.07.05" title_num="26" subtitle_num="11" chapter_num="07" heading="Open Fires Allowed Without Authorization of Control Officer or Public Officer.">
  <paragraph num="A.">
    <text>Except as provided in Regulation .03C of this chapter, in Allegany, Calvert, Caroline, Cecil, Charles, Dorchester, Garrett, Frederick, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worchester counties, open fires, in conformance with other governmental fire control ordinances and provided no nuisance or air pollution is created, are allowed without permission under Regulation .03 or .04 of this regulation as follows:</text>
    <paragraph num="(1)">
      <text>In those areas where no provision is made for public collection of leaves, burning of leaves originating on the premises, by householders, is permitted, provided that leaves are not burned at locations closer than 200 feet (61 meters) from any neighboring habitable dwelling or place where people work or congregate;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In those areas where no provision is made for public collection of refuse, burning of ordinary household trash originating on the premises, excluding commercial establishments, by householders is permitted provided that:</text>
      <paragraph num="(a)">
        <text>Materials are not burned which create dense smoke (emissions of greater than 40 percent opacity); and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Refuse may not be burned at locations closer than 200 feet (61 meters) from any neighboring habitable dwelling or place where people work or congregate;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <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="(4)">
      <text>Fires set in the course of agricultural operations in growing crops or raising fowl or animals or in accepted forestry practice; 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 num="(5)">
      <text>Recreational purposes, such as campfires;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Oil or gas fired salamanders or similar devices designated specifically for space heating or warming outdoor workers, etc., provided no visible emissions are created;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Warming fires for outdoor workers, provided smoke emissions are not darker in shade or appearance than those designated as greater than 40 percent opacity, and the fires are located no closer than 200 feet (61 meters) from any neighboring habitable building.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>In Anne Arundel, Baltimore, Carroll, Harford, Howard, Montgomery, and Prince George's counties and Baltimore City and during the period from September 1 of any year through May 31 of the following year, open fires otherwise conforming to other governmental fire control ordinances, provided no nuisance or air pollution is created, are allowed without permission under Regulation .03 or .04 of this chapter as follows:</text>
    <paragraph num="(1)">
      <text>In those areas where no provision is made for public collection of leaves, the open burning of leaves originating on the premises, by householders, is permitted, provided that no nuisance is created and that the fires are located no closer than 300 feet (91.4 meters) from any neighboring habitable dwelling or place where people work or congregate;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In those areas where no provision is made for public collection of refuse, burning of ordinary household trash originating on the premises, excluding commercial establishments, by householders is permitted provided that:</text>
      <paragraph num="(a)">
        <text>Materials are not burned which create dense smoke (emissions of greater than 40 percent opacity);</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The fires are located no closer than 300 feet (91.4 meters) from any neighboring habitable dwelling or place where people work or congregate;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <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="(4)">
      <text>Recreational purposes, such as campfires;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Oil or gas fired salamanders or similar devices designated specifically for space heating or warming of outdoor workers, etc., provided no visible emissions are created.</text>
    </paragraph>
  </paragraph>
</regulation>