The purpose of this article is to provide for the establishment
and requirements of commercial burning permits in Frederick County.
The Code requirements in this article shall be administered
by the Fire Marshal or his designated representative. The Frederick
County Fire Marshal or his designated representative shall have the
authority to revoke commercial burning permits on demand should permit
contingencies change.
As used in this article, the following terms shall have the
meanings indicated:
AGRICULTURAL BURNING
Any of the following open agricultural burning practices
which destroy undesirable vegetation, clear orchards and orchard prunings,
destroy fertilizer and chemical containers and denatured seed and
grain which may no longer be suitable for agricultural purposes, prevent
loss from frost or freeze damage and/or create or destroy a favorable
food and cover habitat for certain species of wildlife.
COMMERCIAL BURNING
Burning of materials from clearing woodland or any quantity of material that would burn beyond the burning hours set forth in Chapter
45, Air Pollution and Open Burning.
PRESCRIBED BURNING
Any forest management practices which reduce forest fuels
and minimize the effect of wild fires, control undesirable growth
of hardwoods, control disease in pine seedlings, prepare forestland
for planting or seeding, create a favorable food and cover habitat
for certain species of wildlife and/or remove dead vegetation for
the maintenance of a railroad, highway and public utility right-of-way.
The following requirements shall apply to the issuance and conditions
for issuance for any commercial burning in Frederick County:
A. Application.
Applications for commercial burning permits must be made to the Frederick
County Fire Marshal or his designated representative 10 working days
prior to the requested burn date and shall include provisions for
an alternate burn date in case of inclement weather.
B. State
and federal law. All state and federal laws pertaining to open burning
shall also be complied with.
C. Property
owner's responsibility. It shall be the responsibility of the property
owner upon whose land commercial burning is proposed to apply for
commercial burning permits, and such permits shall only be issued
to said property owner.
D. Loss
of control responsibility. The permit recipient shall be responsible
for any and all damages and fire-suppression costs associated with
the loss of control of any fire.
E. Equipment
required on site. A bulldozer or similar track equipment in operational
condition and an operator shall be present at all times when commercial
burning operations are under way.
F. Surrounding
area. The area surrounding the burn area shall be clear and clean
of all combustible materials, pursuant to Department of Forestry regulations.
G. Contingencies.
Wind, humidity, time of year, weather, water availability and size
of the proposed burn areas shall all be evaluated by the Frederick
County Fire Marshal or his designated representative prior to permit
issuance. Observations or complaints of health or traffic hazards
associated with smoke may be cause for commercial burning permit revocation.
H. Burn
areas. No burning areas larger than 20,000 square feet and higher
than 20 feet shall be permitted.
I. Fees.
Fees shall be established by separate schedule adopted by the Board
of Supervisors and amended from time to time as appropriate.
J. Exemptions.
Prescribed burning and agricultural burning as herein defined are
hereby exempted from the provisions of this section. All state and
federal laws pertaining to prescribed and/or agricultural burning
remain in effect.
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction, be punishable by
a maximum fine of $2,500 or by imprisonment for not more than 12 months,
or both such fine and imprisonment.