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.