Maryland Natural Resources Section 5-720

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)      (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)      A person may not start or allow open air burning in an area in which a burning ban imposed by the Secretary is in effect.

      (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.



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