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2007 Laws of Maryland
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Ch. 137
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(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 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) (l) [A] Subject to paragraph (2) of this subsection, a
person may not start or allow open air burning in an area in which a burning ban
imposed by the Secretary OR THE GOVERNOR is in effect.
(2) THIS SUBSECTION DOES NOT APPLY TO:
(I) 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
(II) ANY OTHER SUPERVISED BURNING CONDUCTED UNDER
THE DIRECT CONTROL AND SUPERVISION OF:
1. Qualified instructors from a fire
DEPARTMENT TRAINING CENTER A QUALIFIED qualified FIRE INSTRUCTOR
instructors; OR
2. In Wicomico County, a A In Wicomico
County. Worcester County, or Somerset County, a fire chief,
captain, or fire line officer in charge of a fire department that has
jurisdiction over the area where the supervised burning occurs.
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- 1202 -
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