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Martin O'Malley, Governor
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H.B. 102
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making certain stylistic changes; altering a certain definition; and generally
relating to the application of a ban on open air burning.
BY repealing and reenacting, with amendments,
Article — Natural Resources
Section 5-720
Annotated Code of Maryland
(2005 Replacement Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
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 fire.
(3) "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.
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(2) THIS SUBSECTION DOES NOT APPLY TO:
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- 4591 -
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