§ 5-720
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/md/natural-resources/5-720A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–720.
(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.
(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.
(1)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 fire instructors; or
2. In Wicomico County, Worcester County, or Somerset County, a fire chief, captain, or fire line officer of a fire department that has jurisdiction over the area where the supervised burning occurs.
(c)On reasonable suspicion of open air burning on privately owned property in an area in which a burning ban is in effect, a public officer may enter on the privately owned property of any person to extinguish the fire or to enforce the provisions of this section.