Bay Area Air Quality Management District July 9, 2008
5-1 

### REGULATION 5
OPEN BURNING

INDEX

5-100 GENERAL

5-101 Description 5-110 Exemptions 5-111 Conditional Exemptions 5-112 Limited Exemption, Recreational Fires

5-200 DEFINITIONS

5-201 Agricultural Fire
5-202 Fire
5-203 Flue 5-204 Gainful Occupation 5-205 Deleted December 19, 1990 5-206 Permissive Burn Day
5-207 Treated Brush
5-208 Hazardous Material
5-209 Public Fire Official
5-210 Contraband 5-211 Deleted March 6, 2002
5-212 Stubble 5-213 Prescribed Burning 5-214 Backfiring 5-215 Stripfiring 5-216 'X' or Crossfiring 5-217 Property
5-218 APCO
5-219 ARB
5-220 District
5-221 Forest
5-222 Marshland
5-223 Curtailment Period
5-224 Recreational Fires

5-300 STANDARDS

5-301 Prohibition of Fires 5-302 Mandatory Curtailment for Recreational Fires

5-400 ADMINISTRATIVE REQUIREMENTS

5-401 Allowable Fires 5-402 Deleted November 2, 1994 5-403 Agricultural Land Use 5-404 Emergency Waivers 5-405 Deleted March 6, 2002 5-406 Prior District Notification; Diseas e and Pest, Crop Replacement, Orchard Pruning and Attrition, Double Cropping Stubble, Forest Management, Flood Debris, Fire Training, Flood Control, Irrigation Ditc hes, Range Management, Hazardous Material,
and Contraband 5-407 Deleted November 2, 1994 5-408 Wildland Vegetation Management Burn Requirements 5-409 Filmmaking and Public Exhibition Burn PetitionsBay Area Air Quality Management District July 9, 2008
5-2 5-410 Marsh Management Burn Requirements

5-500 MONITORING AND RECORDS

5-501 Open Burning Records

5-600 MANUAL OF PROCEDURES

5-601 Appraisal of Field Crop Fuel Moisture; The "Crackle" TestBay Area Air Quality Management District July 9, 2008
5-3 

### REGULATION 5
OPEN BURNING

5-100 GENERAL

5-101 Description: This Regulation forbids open burning within the District with certain exceptions. (Amended November 2, 1994) 5-110 Exemptions: The following fires are exempt from this Regulation: 110.1 Fires set only for cooking of food for human beings. 110.2 Fires burning as safety flares or for the combustion of waste gases.
110.3 The use of flame cultivation when the burning is performed with LPG or natural gas-fired burners designed and us ed to kill seedling grass and weeds and the growth is such that the co mbustion will not continue without the
burner. 110.4 Fires set for the purposes of fire training using one gallon or less of flammable liquid per fire. (Amended 12/19/90; 11/2/94; 3/6/02; 7/9/08) 5-111 Conditional Exemptions: The following special conditions must be met for fires allowed by subsections 5-401.1 through 401.17 unless specifically exempted, altered, or further restricted in that subs ection, or unless otherwise waived in writing by the APCO prior to burning, and these c onditions shall be complied with during any burning permitted under those subsections. In addition, a condition, requirement, or parameter stated in or imposed by a smoke management plan approved by the APCO may supersede any one of these conditions. 111.1 No burning shall take place before 10:00 a.m. local time on any day.
111.2 No additional materials or fuel shall be ignited, nor shall any material or fuels be added to any fire after two hours before sunset on any day. 111.3 No material or fuel shall be ignited, nor shall any material or fuel be added to any fire when the wind velocity is less than five (5) miles per hour except for crossfiring, or when the wind direction at the site shall be such that the direction of smoke drift is toward a populated area in order to minimize local nuisances caused by smoke and particulate fallouts. 111.4 Prior to ignition, all piled material shall have dried for a minimum of 60 days, and be managed to ensure that burning the material does not produce smoke after sunset on any day. 111.5 All material to be burned shall be reasonably free of dirt or soil. 111.6 Piled material shall be limited to a base area not to exceed 25 square yards and the height shall be at least 2/3 of the average width of the pile. 111.7 Ignition material shall be limited to those listed by the State Director of Forestry, as follows: orchard torches ; drip torches; pressurized diesel torches; propane or LPG torches; commercial petroleum gel materials, pressurized or solid (napalm or blivets); commercial safety fuses; commercial type ignition grenades, e.g. F enner, etc.; fuses; commercial fuse lighters and matches. All fires shall be i gnited so as to burn as rapidly as possible within conditions of safety and minimum pollution. 111.8 Ignition shall be initiated at or near the top of the piled material. No additional material, except ignition material, shall be added to the fire. 111.9 Tonnage, volume or acreage of mate rial burned on any given day and/or at any specified site is subject to limit ations set by the APCO, but may not exceed any limits set by the ARB. (Amended 12/19/90; 11/2/94;3/6/02) 5-112 Limited Exemption, Recreational Fires: A fire set for recreational purposes is exempt from the require ments of Section 301. (Adopted July 9, 2008)Bay Area Air Quality Management District July 9, 2008
5-4 5-200 DEFINITIONS

5-201 Agricultural Fire: A fire used for the purpose of initiating, continuing or maintaining agriculture as a gainful occupation. Fuel s are limited to materials grown on the site
and shall not include feed or fertilizer contai ners, finished or treated wood, plastic or rubber products, plumage, hides, fur, offal or fecal material or refuse from plant or animal processing other than from initial crop harvesting, pruning or attrition of fruit and nut trees, vines and cane crops. (Amended 11/2/94; 3/6/02) 5-202 Fire: Any combustion of combustible materials of any type outdoors. (Amended July 9, 2008) 5-203 Flue: Any duct or passages for air, gases, or the like, such as a stack or chimney.
5-204 Gainful Occupation: Any occupation from which there is proof of gross profit or loss as evidenced by tax receipts, sales slips or other such documents. 5-205 Deleted December 19, 1990
5-206 Permissive Burn Day: Any day that is so declared by the APCO when, in his opinion, air pollution caused by open burning will not adversely affect ambient air quality or downwind population. In dec laring such permissive burn days, the meteorological criteria established by t he ARB for the San Francisco Bay Area Air Basin shall be used as a guideline. (Amended November 2, 1994) 5-207 Treated Brush: Material which has been felled, crushed or uprooted with mechanical equipment, or has been desiccated with herbicide.
5-208 Hazardous Material: For purposes of this Regulation, any combustible or flammable material which may pose a fire or explosion hazard including but not limited to, natural vegetation or other nat ive growth cleared away to create or maintain a firebreak around any building or structure on a property as required to comply with Section 4291 of the State Pub lic Resources Code to reduce the risk of a
wildfire. (Adopted 3/17/82; Amended 12/19/90; 11/2/94; 3/6/02) 5-209 Public Fire Official: An officer of a public agency charged with the responsibilities of setting or allowing fires. Public fire o fficial includes but is not limited to, local, state, and federal officers. (Adopted December 19, 1990) 5-210 Contraband: Any illegal or prohibited good that has been confiscated by a public law enforcement agency, including but not limited to explosives, pyrotechnics and illegal drugs. (Adopted 12/19/90; Amended 11/2/94) 5-211 Deleted March 6, 2002
5-212 Stubble: The remaining stalk, stem, or trunk of a herbaceous plant or cereal grass (primarily oats, wheat and hay) a fter harvest of a field crop. (Adopted November 2, 1994) 5-213 Prescribed Burning: The planned, controlled applicati on of fire to vegetation to achieve a specific natural resource m anagement objective(s) on land areas selected in advance of that application. The fire is conducted within the limits of a plan and prescription that describes both the acc eptable range of weather, moisture, fuel, and fire behavior parameters to achieve the desir ed effects. For the purposes of this regulation, prescribed burning also m eans any Forest Management fire, Range Management fire, Hazardous Material fire not related to Public Resources Code Section 4291, or any Crop Replacement fi re for the purpose of establishing an agricultural crop on previously uncultivated land, that is expected to exceed 10 acres in size or burn piled vegetation cleared or generated from more than 10 acres of land. These specific fire types s hall be regulated as Wildland Vegetation Management fires and subjected to all of the requirements applicable to subsection 5-401.15. In addition, prescribed burning in cludes any naturally-ignited wildland fire managed for resource benefits that is subj ect to the applicable requirements in
Section 5-408. (Adopted 11/2/94; Amended 3/6/02)Bay Area Air Quality Management District July 9, 2008

5-5 5-214 Backfiring: A field crop burn ignition technique where the fire is ignited at the downwind side of the burn area, so that the fire must burn into the wind towards the
fuel source. (Adopted November 2, 1994) 5-215 Stripfiring: A field crop burn ignition technique where the fire is ignited in parallel strips by walking straight th rough the burn area into the wind. (Adopted November 2, 1994) 5-216 ' X' or Crossfiring: A field crop burn ignition technique where the fire is ignited in two semi-circle arch patterns that almost inte rsect in the middle of the burn area. The first fire is lit by walking into the wind fr om the downwind side. The second fire is lit by walking with the wind from the headwind si de of the field. This technique is used during light (less than five miles per hour) and variable winds only. (Adopted November 2, 1994) 5-217 Property: A single parcel of real property, as determined by the County Assessor. The term also includes contiguous parcels under the same ownership. (Adopted November 2, 1994) 5-218 APCO: The Air Pollution Control Officer of the Bay Area Air Quality Management District or the designee thereof. (Adopted November 2, 1994) 5-219 ARB: The Air Resources Board of the State of California. (Adopted November 2, 1994) 5-220 District: The Bay Area Air Quality Management District. (Adopted November 2, 1994) 5-221 Forest: A vegetation type or plant community covering a tract of land, which is named and described as a series, habitat or unique stand according to the California Native Plant Society (CNPS) classification sy stem set forth in the most current edition
of A Manual of California Vegetation published by CNPS, and dominated by trees growing more or less closely together. Fo r the purposes of this regulation, the dominant vegetation form must be descr ibed as a broadleaf deciduous, broadleaf evergreen, conifer, or mixed broadleaf-c onifer forest. Forest does not include chaparral, scrub and grassland communities, or the eucalyptus series, as these vegetation types are described in the CNPS classification system. (Adopted March 6, 2002) 5-222 Marshland: A type of wetland ecosystem peri odically or permanently inundated to a depth of up to 2 meters (6.6 feet) that supports a cover of low or tall emergent vegetation. Habitats within these water-land areas include diked, seasonally managed wetlands, unmanaged tidal wetlands, open bays, sloughs, and associated upland grasslands. (Adopted March 6, 2002) 5-223 Curtailment Period: Any period so declared to the public by the APCO when negative impact upon public health is anticipat ed, as defined in Regulation 6-3-203. (Adopted July 9, 2008) 5-224 Recreational Fires: A fire used for social, cultural or other activities including, but not limited to, campfires, bonfires, ceremoni al fires, handwarming fires, raku or pit pottery curing fires, or fires conducted as part of an unusual event such as fire walking provided only clean dry wood and fire st arter is used, and the activity is not part of a business for gainful occupation. (Adopted July 9, 2008)

5-300 STANDARDS

5-301 Prohibition of Fires: Except as provided in this regulation: 301.1 A person shall not ignite, cause to be i gnited, permit to be ignited, or suffer, allow, or maintain any fires within the District. 301.2 No burning shall take place within the District on other than a permissive burn day, or in excess of any acr eage burning allocation or limitation. 301.3 A person shall not violate any conditi on, requirement, or parameter stated in or imposed by a smoke management pl an approved by the APCO, or any special condition or administrative requirement in this regulation. (Amended 11//94; 3/6/02)Bay Area Air Quality Management District July 9, 2008
5-6 5-302 Mandatory Curtailment for Recreational Fires: No person shall ignite, cause to be ignited, permit to be ignited, or suffer, allo w, or maintain any recreational fires during curtailment periods. (Adopted July 9, 2008)

5-400 ADMINISTRATIVE REQUIREMENTS

5-401 Allowable Fires: The following fires may be allowed on permissive burn days: 401.1 Disease and Pest: Agricultural fire s set for the purpose of disease and pest prevention. The fire must be set or allowed by the Agricultural Commissioner of the County in the performance of offi cial duty. Prior reporting pursuant to Section 5-406 must be made to the APCO, by the person setting the fire. (Amended 12/19/90; 11/2/94; 3/6/02) 401.2 Crop Replacement: Agricultural fire s set for the purpose of establishing an agricultural crop in a location that formerly contained another type of agricultural crop or on previously unculti vated land. The fire must be set or allowed by the public fire official hav ing jurisdiction, in the performance of official duty, and must be necessary fo r the crop replacement to proceed. Fires are limited to a period beginning October 1 and ending April 30; however, upon the determination of the APCO that heavy winter rainfall has prevented such burning, the burn per iod may be extended to no later than June 30. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended 12/19/90; 11/2/94; 3/6/02) 401.3 Orchard Pruning and Attrition: Agri cultural fires set for the purpose of disposal of periodic prunings and attrit ion losses from fruit trees, nut trees, vineyards and cane fruits. Fires must be set or allowed by the public fire official having jurisdiction, in the per formance of official duty, and must be necessary to maintain and continue the growing of the fruit trees, vineyards and cane fruits as a gainful occupation. Fires are limited to a period beginning November 1 and ending April 30; however, upon the determination of the APCO that heavy winter rainfa ll has prevented such burning, the burn period may be extended to no later than June 30. When pruning is performed between February 15 and April 30 for integrated pest management purposes, the following minimum drying time periods shall apply: trees and branches over six inc hes in diameter: 30 days; for grape vines and branches less than or equal to six inches in diameter: 15 days. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended 3/15/81; 12/19/90; 11/2/94; 3/6/02) 401.4 Double Cropping Stubble: Agricultural fi res set for the purpose of disposal of grain stubble from agricultural land from which both grain and vegetable crops are harvested during the same calendar year. Fires must be set or allowed by a public fire official havi ng jurisdiction, in the performance of official duty, and must be necessary to remove the grain stubble and straw before a field vegetable crop can be plant ed. All material to be burned shall be free of visible surface moisture. No fires shall take place before 10:00 a.m. local time on any day. Fires are limited to a period beginning June 1 and ending August 31. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended 12/19/90; 11/2/94; 3/6/02) 401.5 Stubble: Agricultural fires set fo r the purpose of disposal of stubble and straw. Fires must be set or allowed by a public fire official having jurisdiction, in the performance of official duty, and must be necessary to maintain and continue the growing of field crops as a gainful occupation. Fire ignition techniques shall be limited to backfiring, stripfiring, and 'X' or crossfiring unless an alternate technique is approv ed by the APCO in writing where a specific field condition is determined not to lend itself to these techniques in a given year. All material to be burned sha ll be free of visible surface moisture.Bay Area Air Quality Management District July 9, 2008

5-7 After 0.15 inches or more rainfall, the material must pass the "crackle" test pursuant to Section 5-601 prior to burning. No fires shall take place before 10:00 a.m. local time on any day. Fires are limited to a period beginning September 1 and ending December 31. Outside of Sonoma County, no more than 100 acres of any property shall be burned in a single day. Within Sonoma County, no person shall c onduct a burn without receiving an acreage burning allocation from the APCO and no more than 500 acres total of all properties shall be burned in a single day. In addition, no more than 100 acres of any property shall be burned in a single day. If by 12:00 p.m. local time the daily 500-acre burn ac reage limitation has not been allocated, up to 200 acres of any property may be burned in a single day provided: a. the additional acreage burning allocation has been approved verbally by the APCO; and b. no more than two fields exceeding 100 acres total are burned simultaneously on the same property. (Amended 12/19/90; 11/2/94; 3/6/02) 401.6 Hazardous Material: Any fires se t for the purpose of the prevention or reduction of a fire hazard, including t he disposal of dangerous materials. The fire must be set or allowed by any public fire official having jurisdiction, in the performance of official duty. The fire must, in the opinion of such officer, be necessary, and the fire hazard not abl e to be abated by any other means. However, these fires may also be conducted to dispose of materials generated to comply with an order or notic e issued by an fire official pursuant
to Section 4291 of the State Public Resources Code provided all of the following conditions are satisfied: a. only natural vegetation or ot her native growth may be burned;
b. the amount of material to be bur ned shall be greater than 5 cubic yards cleared annually from a single property;
c. the material is burned where it was grown without being moved to a different location unless approved by the APCO;
d. the material is inaccessible fo r removal by vehicle and available alternatives to burning such as shredding, chipping, composting, disking, plowing, and harrowing are not feasible; and e. the material, if ignited accidentally , would result in a fire of such magnitude as to immediately th reaten life or adjacent improved property or resources and require an excessive fire suppression effort. No fires involving piled material shall be ignited or take place before 9:30 a.m. local time on any day. Prior r eporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended 12/19/90; 11/2/94; 3/6/02) 401.7 Fire Training: Fires set for the ex clusive purpose of inst ruction of either public or industrial employees in fire fighting methods. The fire must be set or allowed by the public fire official having jurisdiction, in the performance of official duty, and must be, in his opinion, necessary. Notwithstanding contrary provisions of Section 5-111, a fire fighting agency may set one fire per quarter calendar year for the purpos e of training volunteer or seasonal fire fighters. This may be done on ot her than a permissive burn day if the APCO is notified in writing or facsimile at least two weeks in advance. Fires may be conducted outside of the burn hour limits in subsections 5-111.1 and 111.2 if the APCO is notified in writing or facsimile at least seven calendar days in advance. Prior reporting purs uant to Section 5-406 must also be made to the APCO for other fire training by the person setting the fire. (Amended 12/19/90; 11/2/94; 3/6/02) 401.8 Flood Debris: Agricultural fires set for the purpose of removing wood and vegetation debris deposited by floodwaters. The fire must be set or allowed by the public fire official having jurisd iction, in the performance of official duty, and must be necessary for the cont inuing or maintaining of agriculture as a gainful occupation. Fires ar e limited to a period beginning October 1Bay Area Air Quality Management District July 9, 2008
5-8 and ending May 31. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended 12/19/90; 11/2/94; 3/6/02) 401.9 Irrigation Ditches: Agricultural fire s set for the purpose of controlling growth of vegetation in irrigation ditches and canal s. The fire must be set or allowed by a public fire official having jurisdicti on, in the performance of official duty, and must, in the opinion of such office r, be necessary to avoid interference with water flow or drainage into irrigated land. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended 12/19/90; 11/2/94; 3/6/02) 401.10 Flood Control: Fires set for the purpose of disposal of material which is lying or growing within natural channels or flood control channels. The fire must be set or allowed by a public official in charge of flood control activities. The fire must, in the opinion of such official, be a necessary incident to the clearing and maintenance of water courses and flood control channels for preventing or eliminating a flood hazard. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended 12/19/90; 11/2/94) 401.11 Range Management: Fires set for the purpose of range management and grazing. The fire must be set or allow ed by the State Direct or of Forestry, or public fire official having jurisdiction, in the performance of official duty, and must be necessary to maintain and continue the grazing of animals as a gainful occupation. Brush to be burned shall be treated at least six months prior to burn if determined to be technically feasible by the State Director of Forestry or public fire official. Unwant ed trees over 6 inches in diameter shall be felled prior to burn and dried for a minimum of six months. Feasibility shall be subject to the approval of the APCO. Subsections 5-111.1 and 5- 111.6 may be waived by the State Director of Forestry or fire official when determined necessary in the public interest. Fires are limited to a period beginning July 1 and ending April 30. Prior reporting pursuant to Section 5- 406 must be made to the APCO by the person setting the fire. (Amended 12/19/90; 11/2/94; 3/6/02) 401.12 Forest Management: Fires set for the purpose of removing forest debris and for forest management. The fire must be set or allowed by a public fire official having jurisdiction, in the perfo rmance of official duty, and must, in his opinion, be necessary. Subsections 5-111.1 and 5-111.6 may be waived by the fire official when deemed necessary in the public interest. All materials shall be piled or windrowed unless deemed poor practice by the fire official. Fires are limited to a period beginning November 1 and ending April 30. Prior reporting pursuant to Section 5-406 must be made to the APCO by the person setting the fire. (Amended 12/19/90; 11/2/94; 3/6/02) 401.13 Marsh Management: Fires set for t he purpose of improvement of marshland
for wildlife habitat. The fire must be declared necessary by the California Department of Fish and Game. No such fire may be allowed on a given piece of land more than once in any 2 year period. The California Department of Fish and Game shall provide the APCO such information as may be deemed necessary by the APCO to verify the necessity of each burn and land area burning frequencies. Any person seeking to set fires under this provision shall also comply wi th the requirements of Section 5-410 and receive written APCO approval of t he smoke management plan prior to any burn. No fires shall take place befor e 10:00 a.m. or after 3:00 p.m. local time, nor shall any existing burning be allowed to continue after 3:00 p.m. local time on any day. Fires are limited to a Spring burning period beginning February 1 and ending March 31, and a Fall burning period beginning September 1 and ending October 15; how ever, upon the determination of the APCO in consultation with the California Department of Fish and Game and the Solano County Mosquito Abatement District, that heavy winter rainfall has prevented such burning, the burn period beginning February 1 and ending March 31 may be extended to no later than June 30. Outside of theBay Area Air Quality Management District July 9, 2008
5-9 Suisun Resource Conservation Distri ct (SRCD), no person shall conduct a burn without receiving an acreage burning allocation from the APCO and no more than 100 acres of any property shall be burned in a single day. For
fires conducted within the boundaries of the SRCD: a. no person shall conduct a burn without receiving an acreage burning allocation from the APCO; b. total daily acreage to be burned shall be determined by the APCO, but in no case shall the total acreage burning allocation exceed 300 acres/day during the Fall burning period and 600 acres/day during the Spring burning period. In addition, no more than 100 acres of any property and no more than 100 acres of all properties designated by the same SRCD hundred-series ownerships shall be burned in a single day during the Fall or Spring burning period. (Amended 3/15/81; 5/20/81; 8/3/83; 11/2/94; 3/6/02) 401.14 Contraband: Fires set for the purpose of disposing of contraband. The fire must be set or allowed by any peace officer or public fire official, in the performance of official duty. The fire must, in the opinion of such officer, be necessary and the material not be abl e to be disposed of by any other means. Prior reporting must be made to the APCO by the person setting the fire pursuant to Section 5-406. (Adopted 12/19/90; Amended 11/2/94) 401.15 Wildland Vegetation Management: Prescribed burning by a state or federal agency, or through a cooperativ e agreement or contract involving the state or federal agency, conduct ed on land predominately covered with chaparral, trees, grass, coastal scr ub, or standing brush. Any person seeking to set fires under this provision shall comply with the requirements
of Section 5-408 and receive writt en approval of the smoke management plan by the APCO prior to any burn. Until June 1, 2002, this fire may be conducted on other than a permissive burn day, as defined in Section 5- 206, if approved by the APCO pursuant to subsection 5-408.2. Effective June 1, 2002, fires may not be conduc ted on other than a permissive burn day. (Adopted November 2, 1994) 401.16 Filmmaking: Fires set as part of commercial film or video production activities for motion pictures and televisi on. The fire shall be set or allowed by the public fire official having jurisd iction, in the performance of official duty. Any person seeking to set fires under this provision shall comply with the requirements of Section 5-409 and re ceive APCO approval in writing at least 10 working days prior to the burn. This fire may be done on other than a permissive burn day, as defined in Section 5-206, if approved by the APCO pursuant to subsection 5-409.2. (Adopted November 2, 1994) 401.17 Public Exhibition: Fires set as part of a planned civic event designed to educate or otherwise benefit the public. The fire shall be set or allowed by the public fire official having jurisdiction, in the performance of official duty. Any person seeking to set fires under th is provision shall comply with the requirements of Section 5-409 and rece ive APCO approval in writing at least 10-working days prior to the burn. This fire may be conducted on other than a permissive burn day, as defined in Section 5-206, if approved by the APCO pursuant to subsection 5-409.2. (Adopted 11/2/94; Amended 3/6/02) 5-402 Deleted November 2, 1994 5-403 Agricultural Land Use: Debris from land clearing shall not qualify under subsections 5-401.1, 5-401.2, 5-401.3, 5-401. 4 or 5-401.5 unless applicant certifies, under penalty of perjury, that said land is to remain in agricultural use for a gainful occupation for a period of one year subsequent to the burning, and that applicant has
not caused or contributed to the need for t he burning of the material for any reason other than the promotion of agricultural us e of the land for a gainful occupation. However, the County Agricultural Commissioner may waive this Section by certifying that burning of the material under subsecti on 5-401.1 is, in his opinion, the only safeBay Area Air Quality Management District July 9, 2008
5-10 method of disposal. Failure to comply wi th the conditions of this Section shall be considered a violation of this Regulation. Each pile burned in violation shall be cited as a separate offense. (Amended 11/2/94; 3/6/02) 5-404 Emergency Waivers: A public officer authorized under subsections 5-401.1, 5- 401.6 and 5-401.10 to grant permission for open burning may grant waivers from subsections 5-111.1 through 5-111.9 when, in his judgment, such emergency or summary action is necessary for the public safety. When such action is taken, the authorizing authority shall certify the followi ng in a written report submitted to the APCO within 10 calendar days following the completion of burning: a description and quantity of the material burned and an explanat ion of the reasons for granting the permission. (Amended 11/2/94; 3/6/02) 5-405 Deleted March 6, 2002 5-406 Prior District Notification; Di sease and Pest, Crop Replacement, Orchard Pruning and Attrition, Double Cropping Stubble, Forest Management, Flood Debris, Fire Training, Flood Control, I rrigation Ditches, Range Management, Hazardous Material, and Contraband: The person setting the fire shall provide electronic, typewritten, legibly handwritten, or computer printed notification to the District prior to the burn on a District -approved form or facsimile thereof. If notification is submitted by mail, the document must be postmarked at least 5 calendar days prior to the burn. The notific ation form must be completely filled out with accurate information to satisfy this requirement. For structural fire training,
written notification shall also be made to the APCO at least 10 working days prior to the burn pursuant to the requirement s of Regulation 11-2-401.3 (Asbestos Demolition, Renovation and Manufacturing). (Adopted 12/19/90; Amended 11/2/94; 3/6/02) 5-407 Deleted November 2, 1994 5-408 Wildland Vegetation Management Burn Requirements: Any person who seeks to conduct or conducts prescribed burning pursuant to subsection 5-401.15 shall comply with the following requirements: 408.1 Submit a smoke management plan to the APCO for review at least 30 calendar days prior to the proposed burning that is consistent with the most current USEPA guidance on wildland and prescribed fires ( Interim Air Quality Policy on Wildland and Prescribed Fires , USEPA 1998, or any subsequent document that supersedes this doc ument), and provides the following
information: a. location and specific objectives of each proposed burn; b. acreage, tonnage, type, and arrangem ent of vegetation to be burned;
c. directions and distances to nearby sensitive receptor areas; d. fuel condition, combustion and me teorological prescription elements for the project; e. projected burn schedule and expect ed duration of project ignition, combustion, and burn down (hours or days); f. specifications for monitoring and of verifying critical parameters including meteorological conditions and smoke behavior before and during the burn; g. specifications for disseminati ng project information to public; h. contingency actions that will be taken during the burn to reduce exposure if smoke intrusions impac t any sensitive receptor area; i. certification by a qua lified professional resource ecologist, biologist, or forester that the proposed burning is necessary to achieve the specific management objective(s) of the plan; j. a copy of the environmental impac t analysis prepared for the plan that
includes an evaluation of alternatives to burning, if such an analysis was required by state or federal law or statute; k. project fuel loading estimate (t ons vegetation/acre ) by vegetation type(s) and a description of the calculation method; andBay Area Air Quality Management District July 9, 2008
5-11 l. particulate matter emissions estimate including referenced emission factor(s) and a description of the calculation method used. 408.2 Until June 1, 2002, permission to bur n on other than a permissive burn day shall be governed by the 48-hour forecast issued by the APCO. Effective June 1, 2002, permission to burn shall be governed by the acreage burning allocation issued by the APCO. 408.3 Until June 1, 2002, prior to ignition, notify the APCO on the day of each burn. Effective June 1, 2002, receive an ac reage burning allocation from the APCO prior to ignition. 408.4 For each day on which burning occurs, report the total acreage and tonnage of vegetation actually burned to t he APCO by telephone no later than 12:00 p.m. local time the following day. 408.5 Within 30 calendar days following comp letion of the burn project, provide a written post-burn evaluation to the APC O that addresses whether the project objectives were met and describes actual smoke behavior. Effective June 1, 2002, any fire official seeking to conduct prescribed burning in a geographical area considered for a potential naturally-ignited wildland fire managed for resource benefits that is expected to exceed 10 acres in size shall annually register each burn project in writing with the APCO by December 31 each year, with updates as they occur. Once a decision is made to manage the fire for resource benefits, the fire official shall provide a smoke management plan for the burn project to the APCO, upon request. (Adopted 11/2/94; Amended 3/6/02) 5-409 Filmmaking and Public Exhibition Burn Petitions: Any person seeking to conduct a fire pursuant to subsection 5-401.16 or 401.17 shall comply with the following requirements: 409.1 Submit an open burning petition to t he APCO that provides the following information, as applicable: a. date(s) and specific loca tion(s) of each proposed burn; b. type and quantity (tonnage, acreage, or volume) of each material to be burned; c. the projected fuel use rate in BT U per hour, if known, calculated using the higher heating value of each fuel; and
d. the burn duration. 409.2 Permission to burn on other than a permissive burn day shall be subject to written approval of the open bur ning petition by the APCO. 409.3 Prior to ignition, notify t he APCO on the day of each burn. 409.4 If the APCO grants written approval, su ch approval shall be available at the burn location for inspection by the APCO, upon request. (Adopted 11/2/94; Amended 3/6/02) 5-410 Marsh Management Burn Requirements: Effective June 1, 2002, any person who
seeks to conduct or conducts a fire pursuant to Subsection 5-401.13 shall: 410.1 In order to receive an acreage burni ng allocation, at least 30 calendar days prior to the proposed burning, subm it a smoke management plan to the APCO for review using a District-approved form; 410.2 In securing the written necessity st atement required by California Health and Safety Code Section 41861, submit to the California Department of Fish and Game (DFG) and the APCO information that (1) identifies the non-burning alternatives considered by the proper ty owner(s) given the recommendations or needed improvements described in existing Individual Ownership Management Plans, updated Individual Ownership Adaptive Management Habitat Plans, Wildlife Management Pl ans or other resource management plans as applicable; and (2) explains why water management practices and non-burn vegetation management practice s cannot currently achieve the management objective(s) of the proposed fire and the property. Where DFG is conducting a burn on state lands, this information shall be submitted by DFG to the APCO prior to the proposed burning; 410.3 Prior to the proposed burning, submit the written statement required by Health and Safety Code Section 41861 to the APCO;Bay Area Air Quality Management District July 9, 2008
5-12 410.4 For each day on which burning occurs, report the total acreage of vegetation actually burned to the APCO by telephone no later than 12:00 p.m. local time the following day. (Adopted March 6, 2002)

5-500 MONITORING AND RECORDS

5-501 Open Burning Records: Effective June 1, 2002, any person subject to Section 5- 408 or 5-410 shall comply with the following requirements: 501.1 The person who conducts the fire shall maintain records on a daily basis that document and verify the actual acr eage burned. Such documentation shall include the following information:
a. date and location of burn b. a description of the method(s) or te chnique(s) used to verify the actual acreage burned c. data collected that supports the burn acreage determination, and d. type of vegetation and acreage actually burned.
501.2 Such records shall be retained for twelve months and made available to the APCO, upon request. (Adopted 12/19/90; Amended 11/2/94; 3/6/02)

5-600 MANUAL OF PROCEDURES

5-601 Appraisal of Field Crop Fuel Moisture; The "Crackle" Test: Any person who
wants to conduct an evaluation of fuel mo isture in field crop stubble or straw remaining after harvest pursuant to subs ection 5-401.5 shall satisfy the following criteria prior to burning: 601.1 Sampling: To ensure representative sampling, sample in accordance with the following requirements: a. obtain samples from several different areas of the field b. select some samples from underneath the straw mat including the bottom layer c. a handful of sample material is considered a sufficient size to test.
601.2 Evaluation: The field is cons idered dry enough to burn, or passes the
"crackle" test when: a. each sample is tested just prior to burning b. each sample tested makes an audible "crackle" when it is bent sharply. c. If the sample does not pass the test, then the area from which the sample was selected cannot be burned until such material is considered dry enough to burn. (Adopted November 2, 1994)