5473

COUNTY LOCAL LAWS

22-83.

Where permitted by the provisions of Chapter 3 of
this Code, burning by open fires shall be subject to the
following conditions:

(a)    Open fires shall be attended at all times
until completely extinguished.

(b)    Garbage, dead animals, animal waste and
materials which create dense smoke or emissions injurious
or noxious to people or property shall not be burned.

(c)    It shall be unlawful for any person to kindle
any open fire except leaf burning, cooking fires, or
recreational fires without first notifying the Montgomery
County Department of Fire and Rescue Services of such
burning. Where burning continues for more than one day
the Montgomery County Department of Fire and Rescue
Services shall be notified prior to 9:00 a.m. on each day
of burning,

(d)    The Director of the Department of Fire and
Rescue Services, Fire Marshal or the officer in charge of
the local fire department may prohibit such burning at
any time he determines that the kindling of an open fire
creates a fire hazard.

(e)    Except for those fires used for cooking food
on property occupied by a single family dwelling, open
fires shall not be less than thirty feet from any
building or structure, and shall be supervised at all
times. A clear space of not less then ten feet shall be
maintained around the fire.

(f)    The burning of material of any kind on public
roads, streets, highways, alleys, sidewalks, and public
rights of way shall be prohibited at all times.

(g)    Where open burning is being conducted under
the terms of a permit issued by the Department of
Environmental Protection, the permittee shall be
personally responsible for the fire at all times. The
permit shall be in the possession of the person at all
times supervising the burning.

Sec. 3. Effective date.

The Council hereby declares that an emergency exists
and that this legislation is necessary for the immediate
protection of public health and safety. Therefore, this
Act shall take effect on the date on which it becomes
law.