Applicability. This regulation does not apply to a person who owns or operates a char-broiler or pit barbecue with a total cooking area of 5 square feet (0.46 square meters) or less. This regulation does not apply to a person who owns or operates a char-broiler or pit barbecue with a total cooking area greater than 5 square feet (0.46 square meters) and which: Operates at one location less than 15 days in any 365-day period; or Operates at one location 2 days or less in any 7-day period. Visible Emissions. A person who owns or operates a char-broiler or pit barbecue constructed after December 17, 1974, that is located within 300 feet of the property line of any habitable dwelling may not cause or permit the discharge of emissions greater than 10 percent opacity. A person who constructs, owns, or operates a char-broiler or pit barbecue not subject to §B(1), of this regulation, may not cause or permit the discharge of emissions greater than 30 percent opacity. A person who owns or operates any char-broiler or pit barbecue subject to this regulation is not eligible for a visible emission exception under COMAR 26.11.06.02B. Compliance with this section may not be construed as an authorization to create a nuisance or air pollution. Control Device Requirements for New Sources Near Habitable Dwellings. A person who constructs a char-broiler or pit barbecue and is subject to §B(1), of this regulation, shall install an approved control device unless the person demonstrates to the satisfaction of the Department that the installation, when operated without control equipment, will meet §B(1) of this regulation. For the purpose of determining whether an installation will meet §B(1) of this regulation without control equipment, the Department will accept a demonstration that the operation of an existing installation of identical or similar construction at maximum rated capacity will not discharge emissions that exceed 10 percent opacity.