(a) Official fires. A public officer may set an open fire with due notice to, but without prior approval from, the Director if the public officer is performing an official duty and the fire is necessary to:
(1) prevent a fire hazard which cannot be abated by other means;
(2) instruct public fire fighters or industrial employees under supervision of the Fire Administrator if the instruction does not occur during an air pollution episode and the fires do not contain asphaltic or asbestos materials; or
(3) protect the public health, safety or welfare.
(b) Open fires. Except during an air pollution episode, the following open fires are allowed without prior approval of the Director if the fire does not otherwise violate any other law or regulation:
(1) Cooking. A person may use a fire to cook food if the person uses an outdoor cooking apparatus approved for use by a nationally recognized standards organization, such as Underwriters Laboratory, and the person does not create a nuisance.
(2) Salamanders. Construction workers and other outdoor workers may use a salamander or other device fired with propane gas or No. 2 fuel oil for heating if the device does not create visible emissions.
(3) Recreational purposes. A person may set an open fire, such as a campfire, for recreational purposes if the fire does not produce visible emissions that exceed 20 percent opacity for a total of more than 3 minutes in any 60-minute period and is not larger than 3 feet in diameter.
(c) Permitted fires. Except as provided in subsections (a) and (b), a person must not burn any refuse or plant life outside of a building unless the person has obtained a permit from the Director. The Director must limit the duration of the permit. The Director may issue the permit for any of the following reasons or purposes:
(1) Agricultural open burning. A person may set a fire during agricultural operations if the fire complies with subsection (d) and the person obtains an agricultural burning permit before setting the fire. The Department may grant a permit to burn excessive lodging or destroy diseased crops and other vegetation originating on the applicant’s property only:
(A) on a property that is agriculturally assessed for property tax purposes; and
(B) if the burning is necessary to maintain agricultural land in production.
(2) Ceremonial burning. A person may set fires for a ceremonial purpose.
(3) Disaster rubbish. A person may burn rubbish, including landscape waste, during a community disaster if the County Executive has officially declared a state of emergency.
(4) No alternative. A person may burn any material if the Director finds that there is no practical alternative way to dispose of or store the material more safely.
(d) Conditions. The Director may impose any condition on an open burning permit to prevent air pollution or protect the health, safety, comfort and property of persons. An open fire must at all times be attended by the permittee or the permittee’s agent who has the burning permit in possession during the burning. The Director must not grant a permit if the intended activity would:
(1) create a hazardous condition;
(2) be conducted during an air pollution episode or other burning prohibition period declared by the Governor or the Secretary of the Maryland Department of the Environment;
(3) be conducted within 500 yards of an occupied building or a heavily traveled public road, walkway, path, or other facility used by the public;
(4) violate any other law or regulations;
(5) create visible emissions whose opacity exceeds 20 percent for more than a total of 3 minutes in any consecutive 60-minute period; or
(6) include the burning of leaves, brush, other vegetation, or household trash.
(e) Permit denial. The Director may deny a request for an open burning permit if:
(1) the applicant has not shown that the applicant can comply with this Chapter and any applicable State or federal air pollution control law; or
(2) the Director finds, based on the applicant’s history, that the applicant is not likely to comply with all applicable County, State, and federal air pollution control laws.
(f) Permit revocation or suspension. The Director may revoke, suspend, or modify a permit granted under this Section if the Director finds that the permittee has violated any term or condition of the permit. Notice of any proposed revocation, suspension, or modification must be in writing, include the reason for the decision, and give the permittee an opportunity for a hearing. A request for a hearing does not stay the Director’s action.
(g) Extinguishing fires in violation. A person responsible for starting a fire that violates this Section must promptly extinguish the fire after receiving notice from the Department. The notice to extinguish the fire is not an exclusive remedy. (1975 L.M.C., ch. 17, § 1; 2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
Former § 3-6, “Control and prohibition of open fires,” was repealed, reenacted with amendments, retitled, and renumbered § 3-8, pursuant to 2002 L.M.C., ch. 6, § 1.
2002 L.M.C., ch. 6, § 1, repealed former § 3-8, “Applications for permits,” which was derived from 1975 L.M.C., ch. 17, § 1.