February 0 9 , 201 2 Placer County APCD 301

- 1 Rules and Regulations 

### RULE 301

NONAGRICULTURAL BURNING SMOKE MANAGEMENT

Adopted 02

- 10

- 1 1 (Amended 02

- 09

- 12)

CONTENTS

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

200 DEFINITIONS

201 ALLOWABLE COMBUSTIBLES

202 BURN BARREL

203 COMBUSTIBLE

204 CONSTRUCTION

– DEMOLITION DEBRIS

205 DISALLOW ED COMBUSTIBLES

206 FIRE HAZARD REDUCTION BURNING

207 FIRE PROTECTION AGENCY

208 FLAMMABLE

209 INCINERATOR

2 10 NO

- BURN DAY

2 11 OPEN BURNING OR OPEN OUTDOOR FIRE

212 PERMISSIVE BURN DAY OR BURN DAY

213 PROCESSED OR TREATED WOOD AND WOOD PRODUCTS

21 4 RECREATIONAL OR COOKING FIRE

21 5 RIGHT

- OF

- WAY CLEARING, LEVEE, DITCH, AND RESERVOIR MAINTENANCE

BURNING

300 STANDARDS

301 PROHIBITION S ON OPEN BURNING

302 ALLOWABLE COMBUSTIBLES

30 3 BURN PERMITS

30 4 BURN PERMIT VALIDITY

30 5 BURN DAYS

30 6 VEGETATION PREPARATION AND DRYING TIMES

30 7 APPROVED IGNITION DEVICES

30 8 WIND DIRECTION

3 0 9 DETERMINATION OF AMOUNT BURNED DAILY

310 FIRE HAZARD REDUCTION BURNING IN COMPLIANCE WITH LOCAL ORDINANCE

31 1 MECHANIZED BURNER

31 2 OPEN BURNING CONDUCTED BY PUBLIC OFFICERS

313 RIGHT OF WAY CLEARING, LEVEE, DITCH

, AND RESERVOIR MAINTENANCE

BURNING

400 ADMINISTRATIVE REQUIREMENTS

401 BURN PERMIT APPLICATION INFORMATION

40 2 REVOCATION OF A BURN PERMIT

40 3 BURN PERMIT FEES

500 MONITORING AND RECORDSFebruary 9 , 201 2 Rules and Regulations 301

- 2 Placer County APCD 501 BURN REPORTS

100 GENERAL

101 PURPOSE: To establish criteria for the disposal of vegetation from fire hazard reduction burning, mechanized burners

, fires set or permitted by public officers

, and right of way clearing, levee, ditch

, and reservoir maintenance, to better manage smoke in order to

reduce its e ffects

.

102 APPLICABILITY

102.1 Geographic: The provisions of this Rule shall apply to all burning located with in Placer County except where otherwise prohibited by a local jurisdiction.

102.2 Except as provided in the rules of Regulation 3, no person shall use open

outdoor fires (including the use of a burn barrel) for the purpose of disposal or to burn any combustible

.

103 EXEMPTIONS

103.1 Rule Exemptions

103.1.1 Burning conducted pursuant to Rule 302

, AGRICULTURAL WASTE

BURNING SMOKE MANAGEMEN T is exempt from this Rule.

103.1.2 Burning conducted pursuant to Rule 303

, PRESCRIBED BURNING

SMOKE MANAGEMENT is exempt from this Rule.

103.1.3 Burning conducted pursuant to Rule 304

, LAND DEVELOPMENT BURNING SMOKE MANAGEMENT is exempt from this Rule.

103.1.4 Burning conducted pursuant to Rule 305

, RESIDENTIAL ALLOWABLE BURNING is exempt from this Rule.

103.1.5 Burning conducted pursuant to Rule 306

, OPEN BURNI NG OF NON

INDUSTRIAL WOOD WASTE AT DESIGNATED DISPOSAL SITES is exempt from this Rule.

103.2 General Exemptions

103.2.1 Fire Hazard Reduction Burning Public Officer Waiver: If a Public Officer with jurisdiction determines that a condition exists in which a

fire hazar d or health hazard will have an imminent effect on life or property, he/she may waive the requirements of this R ule, providing that a written report of such burning is forwarded to the APCO stating why life and property were being threatened to the extent necessary to require such burning. The report shall provide other information as the APCO may reasonably require.

103.2.2 Recreational or Cooking Fire: A recreationa l or cooking fire, as defined, is exempt from the provisions of this rule provided that the fire is not used for waste disposal purposes. Only allowable combustibles

and clean, unpainted, untreated lumber can be burned.

103.2.3 American Flag: The burning, in a respectful and dignified manner, of an unserviceable American flag that is no longer fit for display.

103.2.4 Open Burning C onducted By Public Officers: : Burning conducted under Section 312, subsections 312.3, 312.4, 312.7 are exempt fromFebruary 0 9 , 201 2 Placer County APCD 301

- 3 Rules and Regulations Rule 301. Subsection 312.1, 312.2, 312.5, and 312.6 is exempt from Section 300 except for Section 303.

103.3 Exemptions

, Minimum Drying Times

103.3. 1 The burning of s tanding green vegetati on which is part of right

- of

- way clearing, levee, ditch, and reservoir maintenance burning is exempt

from Section 30 6 when such vegetation may need to be burned green.

103.3. 2 The A PCO may grant an exemption to the drying times specified in

Section 30 6 if the denial of such burning would threaten imminent and

substantial economic loss.

200 DEFINITIONS ( Unless otherwise defined below, the terms used in this R ule are defined in Rule
102, DE FINITIONS.)

201 ALLOWABLE COMBUSTIBLES: V egetation originating on the premises and reasonably free of dirt, soil

, and visible surface moisture.

202 BURN BARREL: A metal container used outdoors for the purpose of disposal.

203 COMBUSTIBLE: Any substance capable of burning or any substance that will readily

burn.

20 4 CONSTRUCTION

- DEMOLITION DEBRIS: Any material associated with the construction or demolition of any building, dwelling, or other man

- made structure including but not limited to ; lumber, tar paper, roofing material, wiring, flooring material, insulation, and plywood.

20 5 DISALLOWED COMBUSTIBLES: A ny waste or manufactured material, including but not limited to petroleum products and petroleum wastes; construction and demolition debris; coated wire; putrescible ( rotten wastes ) and non

- putrescible solid, semisolid and liquid materials or wastes; tires; tar; tarpaper; non

- natural wood waste; processed or treated wood and wood products; metals; motor vehicle bodies and parts; rubber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage;
trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured products; equipment; instruments; utensils; appliances; furniture; cloth; rags; paper or paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead animal ; manure; human or animal parts or wastes, including blood; and fecal

- and food

contaminated material.

20 6 FIRE HAZARD REDUCTION BURNING: T he burning of flammable vegetation that has been removed and cleared away from buildings or structures in complianc e with local ordinances to reduce fire hazard pursuant to California Public Resources Code Section

4291.

20 7 FIRE PROTECTION AGENCY: Any agency with the responsibility and authority to protect people, property, and the environment from fire, and having j urisdiction within the

District.

20 8 FLAMMABLE: Capable of catching fire easily, or combustible.

2 09 INCINERATOR: Any device constructed of non

- flammable materials, including containers commonly known as burn barrels, for the purpose of burning therein, trash,
debris, and other flammable materials for volume reduction or destruction.

21 0 NO

- BURN DAY: Any day on which agricultural burning, including prescribed burning, is prohibited by the ARB or the APCO.February 9 , 201 2 Rules and Regulations 301

- 4 Placer County APCD 2 1 1 OPEN BURNING OR OPEN OUTDOOR FIRE: Burning of any combustible s of any type, outdoors in the open air, where the products of combustion ar e not directed through a

flue.

212 PERMISSIVE BURN DAY OR BURN DAY : Any day in which agricultural burning including prescribed burning, is not prohibited by the ARB and /or the APCO.

21 3 PROCESSED OR TREATED WOOD AND WOOD PRODUCTS: Wood that has been chemically treated to retard rot or decay, or wood that has been modified with glues, laminates, stains, finishes, paints or glosses for use in furniture or for construction purposes, including but not limited to ; plywood, particle boa rd, fencing, or railroad ties.

21 4 RECREATIONAL OR COOKING FIRE

21 4 .1 A fire that is used for recreational purposes including campfires and bon fires as

well as fires in fire pits and fire bowls and similar free

- standing devices.

21 4 .2 An open outdoor fire used for the cooking of food for human consumption.

21 5 RIGHT

- OF

- WAY CLEARING, LEVEE, DITCH, AND RESERVOIR MAINTENANCE

BURNING: The use of fire for the disposal of vegetati on , which may include standing green vegetation (e.g. grasses, weeds, brush and small trees)

, for right

- of

- way clearing by a public entity or utility or for levee, ditch, or reservoir maintenance.

300 STANDARDS

301 PROHIBITIONS ON OPEN BURNING: Except as provided in Regulation 3, no person

shall use an open outdoor fire (including the use of a burn barrel) for the purpose of disposal or burning of any disallow ed combustibles.

302 ALLOWABLE COMBUSTIBLES: The only allowable combustibles that c an be burned is vegetation originating on the premises which is reasonably free of dirt, soil, and visible

surface moisture. The burning of poison oak ( toxicodendron diversilobum ) or oleander ( nerium oleander ) for disposal purposes may be prohibited or may be subject to additional permit conditions under Section 30 3

.

30 3 BURN PERMITS

30 3 .1 A person shall not ignite or allow open outdoor burning without first obtaining a valid burn permit from the District for the following:

30 3 .1.1 Fire Hazard Reduction

30 3 .1.2 Mechanized Burner

30 3 .1. 3 Open Burning Conducted by Public Officers

30 3 .1.4 Right of Way Clearing, Levee, Ditch and Reservoir Maintenance

30 3 .2 A separate burn permit may also be required by the fire protection agency that has jurisdiction in the area of the proposed burn project.

303.3 The APCO may prohibit or may add additional specific burn permit conditions for the burning of poison oak ( toxicodendron diversilobum ) or oleander ( nerium

oleander ) for disposal purposes

.

30 4 BURN PERMIT VALIDITY: No burn permit shall be construed to authorize open outdoor fires for any day during which:

30 4 .1 It is a no

- burn day

.February 0 9 , 201 2 Placer County APCD 301

- 5 Rules and Regulations 30 4 .2 Open burning is prohibited by a fire protection agency for fire control or prevention.

30 5 BURN DAY S: No person shall knowingly ignite or allow ignition of allowable

combustibles on no burn days or when burning is prohibited by a fire protection agency.

30 6 VEGETATION PREPARATION AND DRYING TIMES: To assure rapid and complete
combustion with a minimum of smoke, and to lower the moisture content of the vegetation being burned, (from when the vegetation was cut and is to be burned), the following are drying times

.

30 6 .1 No vegetation shall be burned unless it is reasonably free of disallow ed
combustibles, dirt, soil, and surface moisture and shall b e burned in a manner to prevent excessive smoke. Excessive smoke is that which causes a nuisance.

30 6 .2 Vegetation stacked for burning shall not be burned unless it is stacked in such a manner to promote drying and e nsure combustion with a minimum amount of

smoke.

30 6 .3 A minimum of 15 days of drying time for fine prunings or cuttings l ess than 3” in

diameter

, at the cut end.

30 6 .4 A minimum of three to six weeks of drying time for prunings or brush or small

branches 3 to 6 inches in diameter

, at the cut end.

30 6 .5 A minimum of six weeks of drying time for trees, stumps, and large branches

, greater than 6 inches in diameter

, at the cut end.

30 6 .6 Vegetation or stumps, greater than 12 inches in diameter, shall not be burn ed unless they are split smaller than 12 inches in diameter and are free of dirt.

30 7 APPROVED IGNITION DEVICES: All open outdoor fires as authorized by this R ule shall be ignited only with approved ignition devices . T he vegetation to be burned should be ignited as rapidly as practicable within applicable fire control restrictions.

30 8 WIND DIRECTION: Burning shall be curtailed when smoke is drifting into a nearby populated area or which is or may become a nuisance or hazard.

3 0 9 DETERMINATION OF AMOUNT BURNED DAILY: Only that amount of vegetation that can be reasonably expected to burn completely within 24 hours of ignition

.

3 10 FIRE HAZARD REDUCTION BURNING IN COMPLIANCE WITH LOCAL ORDINANCE: The burning of allowable combustibles in open outdoor fires for disposal purposes on the property where grown is allowed when done for the purposes of compliance with local

ordinances to reduce fire hazard.

311 MECHANIZED BURNER: The A PCO may authorize by burn permit open outdoor fires

for the purpose of disposing of agricultural wastes or wood waste from trees, vines,

bushes or other wood debris free of non

- wood materials, in a mechanized burner such that no air contaminant is discharged into the atmosphere for a period or periods
aggregat ing more than 30 minutes in any eight (8) hour period which is:

311. 1 As dark or darker in shade as that designated No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines, or

311. 2 Of such opacity as to obscure an observer's view to a degree equal to or greater

than does smoke described in subsection 311. 1 of this Rule.February 9 , 201 2 Rules and Regulations 301

- 6 Placer County APCD 311.3 In authorizing the operation of a mechanized burner the A PCO may make the

burn permit subject to whatever conditions are reasonably necessary to assure conformance with the standards prescribed in this Section, provided the requirements of S ections 303 are met. Section 30 6

, Vegetation Preparation and Drying Times, does not apply.

312 OPEN BURNING CONDUCTED BY PUBLIC OFFICERS: Except as provided for under
subsection 103.2.4, n othing in this rule shall be construed as limiting the authority granted under other provisions of law to any public officer, such as fire, agricultural or
health officer , to set or permit a fire when such a fire is, in the opinion of said officer, necessary for any of the following purposes:

312.1 The prevention of a fire hazard which cannot be abated by any other means.

312.2 The instruction of public employees and/or volunteer firemen in the methods of fighting fires.

312.3 To set or cause to be set backfires necessary to save life or valuable property pursuant to Section 4426 of the Public Resources Code.

312.4 The instruction of employees in method s of fighting fires on property used for industrial purposes.

312.5 Disease or pest prevention, where there is an immediate need and no

reasonable alternative exists.

312.6 The abatement of fire hazards pursuant to H & S Code, Section 13055. Any public agency authorized to engage in fire protection activities, including but not limited to a fire protection district, city, city and county, or county fire department, the Department of Forestry, and the United States Forest Service may use fire to

abate a fire hazard.

312.7 The remediation of an oil spill pursuant to Section 8670.7 of the Government

Code.

313 RIGHT

- OF

- WAY CLEARING, LEVEE, DITCH

, AND RESERVOIR MAINTENANCE

BURNING: The following conditions apply :

313.1 Disallow ed c ombustibles must be removed prior to burning.

313.2 Vegetation has been prepared by stacking, drying or other methods that promote combustion as specified by the District.

400 ADMINISTRATIVE REQUIREMENTS

401 BURN PERMIT APPLICATION INFORMATION

401.1 Type of burning;

401.2 Name and/or Business Name and address of the permittee;

401.3 Location of the proposed burn;

401.4 Distance from the proposed burn to the nearest neighboring home or structure ;

401.5 The type of vegetation to be burned;

401.6 Acreage or estimated tonnage or size of pile of the vegetation to be burned;February 0 9 , 201 2 Placer County APCD 301

- 7 Rules and Regulations 401.7 Reason for burning;

401.8 Applicant’s signature with date signed. The applicant signing the burn permit

shall read and attest to the accuracy of the information provided.

401.9 Each burn permit issued shall bear a statement of warning containing the following words or words of like or similar import: "THIS BURN PERMIT IS

VALID ONLY FOR THOSE DAYS ON WHICH THE STATE AIR RESOURCES

BOARD DOES NOT PROHIBIT AGRICULTURAL BURNING PURSUANT TO

SECTION 41855 OF THE HEALTH AND SAFETY CODE."

401.10 The applicant or representative shall have the burn permit available for inspection at the burn site during the burn.

402 REVOCATION OF A BURN PERMIT: The APCO, or his/her designee, may revoke a burn permit if it is found that the burn permit conditions, any s tate or f ederal laws, or the provisions of this Rule have been violated. The designated agency or the APCO shall notify the burn permit holder in writing of the revocation and the reasons therefore,

service of the notification of revocation may be made by personal delivery or certified mail. In the case of service by mail, service shall be deemed complete at the time of deposit of the notification in the United States P ost O ffice, or a mail box, sub

- P ost O ffice,
substation, or mail chute, or other like facility.

40 2 .1 Within ten days after service of notice of revocation specified in Section 40 2
above, the burn permit holder may petition the Hearing Board in writing for a public hearing. The Hearing Board, after notice and a public hearing held within 30 days after filing the petition, may sustain or reverse the decision of the A PCO or the designated agency.

40 3 BURN PERMIT FEES: Burn permits are valid only following receipt of fees specified in
Rule 607, B URN P ERMIT F EES

.

500 MONITORING AND RECORDS

501 BURN REPORTS

501.1 Public Officer Fire Hazard Reduction Burn ing Report : A fire hazard reduction burning report as required in subsection 103.2.1 shall be submitted if the fire

hazard reduction exemption is employed. The report shall contain the location,
ty pe

, and amount of vegetation burned and information on the determination

made that there is a fire or health hazard condition having an imminent effect on life or property, what the threat to life and property is and the reason that alleviation of the threat requires such burning. The report shall provide other

information as the APCO may reasonably require.February 9 , 201 2 Rules and Regulations 301

- 8 Placer County APCD This Page Intentionally Left Blank