WILLIAM DONALD SCHAEFER, Governor

Ch. 801

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

5-101.

(a) In this title[,] the following words have the meanings
indicated.

(c) "Department" means Department of Natural Resources.

(e) "Secretary" means Secretary of Natural Resources.
5-220.

PART III. FOREST FIRE PREVENTION
5-720.

(A)  (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)   "BURNING BAN" MEANS A COMPLETE BAN ON ALL OPEN
AIR BURNING THAT IS DECLARED BY THE SECRETARY OR THE GOVERNOR AS
A RESULT OF PROLONGED OR UNUSUAL CONDITIONS CONDUCIVE TO THE EASY
STARTING AND SPREAD OF WILDFIRE IN WOODLAND OR IN AREAS OF
FLAMMABLE MATERIAL THAT ARE LIKELY TO CARRY FIRE TO WOODLAND
FIRE.

(3)  (I) "OPEN AIR BURNING" MEANS A FIRE WHERE ANY
MATERIAL IS BURNED IN THE OPEN OR IN A RECEPTACLE OTHER THAN A
FURNACE, INCINERATOR, OR OTHER EQUIPMENT CONNECTED TO A STACK OR
CHIMNEY.

(II) "OPEN AIR BURNING" DOES NOT INCLUDE THE
SUPERVISED BURNING OF BUILDINGS OR SOLID, LIQUID, OR GASEOUS
FUELS CONDUCTED UNDER THE DIRECT CONTROL AND SUPERVISION OF
QUALIFIED INSTRUCTORS AT A TRAINING CENTER OPERATED BY A FIRE
DEPARTMENT OR ANY OTHER SUPERVISED BURNING CONDUCTED UNDER THE
DIRECT CONTROL AND SUPERVISION OF QUALIFIED INSTRUCTORS.

(4)   "PUBLIC OFFICER" MEANS:

(I)  THE AUTHORIZED AGENTS OF THE DEPARTMENT; OR

(II)  ANY POLICE OFFICER WHO IS AUTHORIZED TO
ENFORCE THE LAWS OF THE STATE OR OF A POLITICAL SUBDIVISION OF
THE STATE.

(B)  A PERSON MAY NOT START OR ALLOW OPEN AIR BURNING IN AN
AREA IN WHICH A BURNING BAN IMPOSED BY THE SECRETARY IS IN
EFFECT.

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