(Adopted October 8, 1976)(Amended October 2, 1981) 

(Amended October 2, 1987)(Amended December 21, 2001) 

(Amended November 7, 2008)(Amended May 3, 2013) 

(Amended July 12, 2013) 

RULE 444. OPEN BURNING 

(a) Purpose 

The purpose of this rule is to ensure open burning in the District is conducted in a 

manner that minimizes emissions and impacts, and that smoke is managed 

consistent with state and federal law in order to protect public health and safety. 

(b) Applicability 

The provisions of this rule shall apply to any person conducting or allowing any 

open burning including, but not limited to: 

(1) Agricultural burning 

(2) Disposal of Russian thistle (Salsola kali or “tumbleweed”) 

(3) Prescribed burning 

(4) Fire prevention/suppression training 

(5) Open detonation or use of pyrotechnics 

(6) Fire hazard removal 

(7) Disposal of infectious waste, other than hospital waste 

(8) Research of testing materials, equipment or techniques 

(9) Disposal of contraband 

(10) Residential burning 

(11) Beach burning 

(c) Definitions 

(1) AGRICULTURAL BURNING means open burning of vegetative 

materials produced wholly from the growing and harvesting of crops in 

agricultural operations, including the burning of grass and weeds in fence 

rows, ditch banks and berms in non-tillage orchard operations, fields being 

prepared for cultivation, agricultural wastes, and the operation or 

maintenance of a system for the delivery of water for agricultural 

operations. 

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Rule 444 (Cont.) (Amended July 12, 2013) 

(2) AGRICULTURAL OPERATIONS means any business occurring on a 

ranch or farm directly related to: 

(A) Growing of crops 

(B) Raising of fowl or other animals for the primary purpose of 

making a profit or for a livelihood 

(C) Conducting agricultural research or instruction by an educational 

institution 

(3) AGRICULTURAL WASTES means unwanted or unsalable materials 

produced wholly from agricultural operations directly related to the 

growing of crops or raising of animals for the primary purpose of making 

a profit or for a livelihood. Agricultural wastes do not include items such 

as plastic, rubber, ornamental or landscape vegetation, chemically treated 

wood, shop wastes, construction and demolition material, material 

containing asbestos, garbage, oil filters, tires, tar paper, pesticide and 

fertilizer containers, broken boxes, pallets, sweat boxes, packaging 

material, packing boxes or any other material produced in the packaging 

or processing of agricultural products. Orchard or vineyard waste or any 

other material, generated as a result of land use conversion to 

nonagricultural purposes is not agricultural waste. 

(4) AIR QUALITY INDEX (AQI) is a value established by the federal 

Environmental Protection Agency (EPA) to measure the level of the major 

air pollutants regulated by the Clean Air Act. The values range from 0 to 

500 and are divided into six categories; higher values indicate greater 

levels of pollution and greater associated health concerns. The following 

summarizes the AQI: 

(A) 50 or below is Good 

(B) 51 through 100 is Moderate 

(C) 101 through 150 is Unhealthy for Sensitive Groups 

(D) 151 through 200 is Unhealthy 

(E) 201 through 300 is Very Unhealthy 

(F) Over 300 is Hazardous 

(5) APPROVED IGNITION DEVICES means those instruments or materials 

that will ignite agricultural waste without the production of black smoke. 

This would include such devices using liquid petroleum gas, butane, 

propane, or diesel oil burners and flares where the device produces a flame 

and the flame is then used for ignition. 

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Rule 444 (Cont.) (Amended July 12, 2013) 

(6) APPROVED IGNITION FUELS means pipeline quality natural gas, 

liquefied petroleum gas, or a petroleum liquid having an API gravity of at 

least 30. 

(7) BEACH BURNING means any recreational, ceremonial or open burning 

conducted in any public coastal area marked by an accumulation of sand. 

For the purposes of this rule, beach burning does not include the use of 

charcoal or gaseous or liquid fuel. 

(8) BURN AUTHORIZATION NUMBER is the number that is assigned to a 

burn project upon being granted approval by the Executive Officer. 

(9) BURN MANAGEMENT PLAN means a document prepared by an 

agricultural operator for a project which provides a description of the 

project, and other information as required under subparagraph (d)(8)(D). 

(10) BURN PROJECT means an active or planned prescribed burn, agricultural 

burn, fire prevention/suppression training, a naturally ignited wildland fire 

managed for resource benefits, or any other burn approved by the 

Executive Officer. 

(11) EMERGENCY BURN PLAN means a document prepared by an 

agricultural operator for open burning as an emergency measure to protect 

crops from freezing which provides a description of the project, and other 

information as required under subparagraph (h)(4)(C). 

(12) FIELD CROP means crop, other than fruit or vegetable, which is grown

for agricultural purposes. 

(13) FIRE HAZARD means a hazardous condition involving combustible, 

flammable, or explosive material that could present a substantial threat to 

life or property, as declared by a fire protection agency. 

(14) FIRE PREVENTION/SUPPRESSION TRAINING means the instruction 

of employees in the methods of preventing or suppressing fires. 

(15) FIRE PROTECTION AGENCY means any public agency with the 

responsibility and authority to protect people, property, and the 

environment from fire, within its respective area of jurisdiction. 

(16) HEAVY FUELS means materials that burn slowly, sustain heat, and are 

difficult to extinguish. Heavy fuels include large downed woody materials 

such as logs and branches. 

(17) IMMINENT FIRE HAZARD means a fire hazard that presents an 

immediate danger to property or the health and/or safety of a person or 

persons and for which direct abatement by fire is necessary as directed by 

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Rule 444 (Cont.) (Amended July 12, 2013) 

a fire protection agency. An imminent fire hazard is distinguished from a 

prescribed burn by the immediate or urgent action needed to alleviate a 

threat. 

(18) LAND MANAGER means any federal, state, local, or private entity that 

administers, directs, oversees, or controls the use of public or private land, 

including the application of fire to the land. 

(19) LIGHT FUELS means materials that burn quickly with a short period of 

intense heat such as grass and field crops. 

(20) MANDATORY WINTER BURNING CURTAILMENT means a period 

of time during the consecutive months of November through February 

where the burning of solid fuels is restricted for portions of the South 

Coast Air Basin at elevations below 3,000 feet above Mean Sea Level 

(MSL) based on the air quality criteria contained in AQMD Rule 445 

(Wood-Burning Devices). 

(21) MARGINAL BURN DAY means a day in an air basin when open burning 

for individual projects is restricted to designated source/receptor areas and 

is not otherwise prohibited by the California Air Resources Board (CARB) 

or the Executive Officer of the District. A marginal burn day is declared 

when: 

(A) At least one of the meteorological criteria for an air basin is 

predicted to be met; 

(B) The AQI throughout the basin is predicted to be 150 or less; 

(C) The AQI in the designated source/receptor area(s) is predicted to 

be 100 or less; and 

(D) The designated source/receptor area(s) is not further restricted by a 

mandatory winter burning curtailment pursuant to AQMD Rule 

445 (Wood-Burning Devices). 

(22) METEOROLOGICAL CRITERIA defines the daily predicted 

meteorological conditions that need to be satisfied to permit open burning 

for an air basin. The criteria are as follows: 

(A) Burn Area 40: South Coast Air Basin (at least one criterion must 

be satisfied): 

(i) Near 6:00 a.m., the expected height of the inversion base, if 

any, at Los Angeles International Airport is 1,500 feet 

above mean sea level or higher. 

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Rule 444 (Cont.) (Amended July 12, 2013) 

(ii) The expected maximum mixing height during the day is 

3,500 feet above the surface. 

(iii) The expected mean surface wind between 6:00 a.m. and 

noon is greater than five miles per hour. 

(B) Burn Area 53: Mojave Desert Air Basin (all criteria must be 

satisfied): 

(i) Near the time of day when the surface temperature is at a 

minimum, the temperature at 3,000 feet above the surface 

is not warmer than the surface temperature by more than 13 

degrees Fahrenheit. 

(ii) The expected temperature at 3,000 feet above the surface is 

colder than the expected surface temperature by at least 11 

degrees Fahrenheit for 4 hours. 

(iii) The expected daytime wind speed at 3,000 feet above the 

surface is at least 5 miles per hour. 

(C) Burn Area 55: Salton Sea Air Basin (at least three criteria must be 

satisfied): 

(i) Near the time of day when the surface temperature is at a 

minimum, the temperature at 3,000 feet above the surface 

is not warmer than the surface temperature by more than 13 

degrees Fahrenheit. 

(ii) The expected temperature at 3,000 feet above the surface is 

colder than the expected surface temperature by at least 11 

degrees Fahrenheit for 4 hours. 

(iii) The expected daytime wind speed at 3,000 feet above the 

surface is at least 5 miles per hour. 

(iv) The expected daytime wind direction in the mixing layer is 

not southeasterly. 

(23) NO BURN DAY means a day in an air basin during which open burning is 

prohibited by the CARB or Executive Officer of the District. A no burn 

day is declared when: 

(A) None of the meteorological criteria for an air basin are met, or 

(B) The AQI in any area of the basin is predicted to be greater than 

150. 

(24) OPEN BURNING COMBUSTION/OPEN DETONATION means the 

ignition and subsequent burning, or ignition, rapid decomposition and 

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Rule 444 (Cont.) (Amended July 12, 2013) 

subsequent burning of solid, liquid, or gaseous materials, outside of a 

combustion chamber with or without a visible flame and not directed 

through a chimney or flue. 

(25) PERMISSIVE BURN DAY means a day in an air basin during which 

open burning is not prohibited by the CARB or Executive Officer of the 

District. A permissive burn day is declared when: 

(A) At least one of the meteorological criteria for an air basin is 

predicted to be met, 

(B) The AQI throughout the basin is predicted to be 100 or less, and 

(C) The designated source/receptor area(s) is not further restricted by a 

mandatory winter burning curtailment pursuant to AQMD Rule 

445 (Wood-Burning Devices). 

(26) PRESCRIBED BURNING means planned open burning conducted by a 

public agency, or through a cooperative agreement or contract involving a 

public agency, identified on lands selected in advance for removal of: 

(A) Vegetation from land predominantly covered with chaparral, trees, 

grass, or standing brush. 

(B) Forest vegetation or debris for the purposes of forest protection. 

(C) Brush, weeds, arundo, or other plant matter to promote a healthier 

environment for plant or animal species or to re-establish native 

plant species. 

(D) Disease and pest prevention. 

(E) Fire prevention/suppression training consuming greater than 10 

acres. 

(27) PRODUCT TESTING means the evaluation of commercial products 

designed to detect the presence of flame or smoke or intended to prevent 

equipment damage due to flame. 

(28) RESIDENTIAL BURNING means open burning for the purposes of 

disposing of combustible or flammable solid waste, excluding Russian 

thistle, from a specific residence on its premises. 

(29) SENSITIVE RECEPTOR LOCATIONS include schools, daycare centers, 

hospitals, and convalescent homes, and other locations where children, 

chronically ill individuals, or other sensitive persons could be exposed. 

(30) SMOKE MANAGEMENT PLAN means a document prepared for each 

open burning event or project by land managers that provides information 

and procedures to minimize smoke impacts. 

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Rule 444 (Cont.) (Amended July 12, 2013) 

(31) SOURCE/RECEPTOR AREAS. A source area is that area in which 

contaminants are discharged and a receptor area is that area in which the 

contaminants accumulate and are measured. Any area can be a source 

area, a receptor area, or both a source and receptor area. The 

source/receptor areas are delineated on the attached map (Attachment 1). 

(32) WILDLAND means: 

(A) “Wildland” means an area where development is generally limited 

to roads, railroads, power lines, and widely scattered structures. 

Such land is not cultivated (i.e., the soil is disturbed less frequently 

than once in 10 years), is not fallow, and is not in the United States 

Department of Agriculture (USDA) Conservation Reserve 

Program. The land may be neglected altogether or managed for 

such purposes as wood or forage production, wildlife, recreation, 

wetlands, or protective plant cover. 

(B) For the California Department of Forestry and Fire Protection only, 

“Wildland” as specified in California Public Resources Code 

(PRC) section 4464(a) means any land that is classified as a state 

responsibility area pursuant to article 3 (commencing with section 

4125) of chapter 1, part 2 of division 4 and includes any such land 

having a plant cover consisting principally of grasses, forbs, or 

shrubs that are valuable for forage. “Wildland” also means any 

lands that are contiguous to lands classified as a state responsibility 

area if wildland fuel accumulation is such that a wildland fire 

occurring on these lands would pose a threat to the adjacent state 

responsibility area. 

(d) Requirements and Prohibitions 

(1) A person shall not conduct or allow open burning unless all of the 

following are met: 

(A) The Executive Officer has declared the day a permissive burn day 

or a marginal burn day on which burning is permitted in the 

applicable source/receptor area and such burning is not prohibited 

by the applicable public fire protection agency. 

(B) The Executive Officer or the applicable fire protection agency has 

issued a written permit for the burn. For disposal of Russian 

thistle, subject to paragraph (d)(2)(C), a permit may also be issued 

by the Director of Forestry and Fire Protection or a County 

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Rule 444 (Cont.) (Amended July 12, 2013) 

Agricultural Commissioner, pursuant to California Health and 

Safety Code Section 41809. 

(C) The Executive Officer has authorized the burn by issuing a Burn 

Authorization Number for each day for each open burning event. 

(i) The Executive Officer has received the Burn Authorization 

Number request by 4:00 p.m. on the day prior to the burn. 

(ii) The Executive Officer may delay issuing a Burn 

Authorization Number until such time that an inspection of 

the proposed Burn Project can be conducted, in order to 

determine whether the open burning event complies with the 

provisions of the rule. 

(D) All site-specific permit conditions are met, pursuant to Rule 208 – 

Permit and Burn Authorization for Open Burning. 

(2) The Executive Officer may authorize open burning for: 

(A) Agricultural burning 

(B) Prescribed burning 

(C) Disposal of Russian thistle 

(D) Abatement of a fire hazard that a fire protection agency determines 

cannot be abated by an economically, ecologically and logistically 

viable option 

(E) Disposal of waste infected with an agricultural pest or disease 

hazardous to nearby agricultural operations and upon the order of 

the County Agricultural Commissioner 

(F) Disposal of infectious waste, other than hospital waste, upon the 

order of the County Health Officer to abate a public health hazard 

(G) Use of pyrotechnics for the creation of special effects during 

filming of motion pictures, videotaping of television programs or 

other commercial filming or video production activities provided 

untreated wood, charcoal or Approved Ignition Fuels are used 

(H) Disposal of contraband in the possession of public law 

enforcement personnel provided they demonstrate that open 

burning is the only reasonably available method for safely 

disposing of the material 

(I) Fire prevention/suppression training exercises, provided 

notifications and compliance with all requirements of Rule 1403 – 

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Rule 444 (Cont.) (Amended July 12, 2013) 

Asbestos Emissions from Demolition/Renovation Activities shall 

be required when applicable 

(J) Researching or testing fire retardant properties of materials (or 

enclosures) or the efficacy of fire suppression techniques or 

devices 

(3) A person is prohibited from open burning for: 

(A) Residential burning 

(B) Disposal of waste, except as specified in (d)(2) above, including 

hospital waste 

(C) Disposal of materials generated as a result of land use conversion 

for non-agricultural purposes 

(D) Disposal of materials from the production or storage of military 

ordnance, propellants, or pyrotechnics unless a fire protection 

agency, law enforcement agency or governmental agency having 

jurisdiction determines that onsite burning or detonation in place is 

the only reasonably available method for safely disposing of the 

material 

(E) Suppression of wildland fires, except those set by fire protection 

agencies, for the purpose of saving life or property 

(F) Complete burning of existing structures for fire prevention/ 

suppression training exercises 

(G) Effective March 1, 2014, beach burning, unless: 

(i) PM2.5 AQI of 100 or less has been forecast for the coastal 

source receptor area; and 

(ii) beach burning occurs in devices that are: 

(I) at least 700 feet from the nearest residence;. or 

(II) at least 100 feet apart from one another; or 

(III) at least 50 feet apart from one another, if there are no 

more than 15 devices per contiguous beach area 

within the city’s boundaries. 

(4) Notwithstanding the provisions of subparagraph (d)(3)(G), if a city or 

county has declared, pursuant to Public Resources Code section 30005(b) 

or Health and Safety Code section 41509(a), that designated beach 

burning devices within its boundaries cause a nuisance, as defined in Civil 

Code section 3479 or Health and Safety Code section 41700(a), due to 

444 – 9 
Rule 444 (Cont.) (Amended July 12, 2013) 

wood smoke exposure, then those devices may not be made available by a 

state or local authority. 

(5) A person shall not commence: 

(A) Open burning for agricultural field crops before 10:00 a.m. or later 

than 5:00 p.m.

(B) Open burning, other than for agricultural field crops, except as 

authorized in an approved Smoke Management Plan: 

(i) Earlier than one hour after sunrise 

(ii) Later than two hours before sunset, with no new ignition, or 

fuels added to an existing fire 

(6) A person shall use only approved ignition devices to ignite open burning. 

(7) A person shall not transport vegetative waste for the purpose of open 

burning from one property to another, unless it is necessary to avoid 

burning within 1,000 feet of a sensitive receptor. 

(8) Additional requirements for agricultural burning: 

(A) A person shall not conduct or allow the open burning of 

agricultural waste unless it has been allowed to dry for the 

following minimum times: 

(i) Trees and large branches (3 in. or greater): 6 weeks 

(ii) Prunings and small branches (1 in. to less than 3 in. 

diameter): 4 weeks 

(iii) Wastes from field crops that are cut in a green condition: 4 

weeks 

(iv) Fine fuels (0.25 in. to less than 1 in. diameter): 3 weeks 

(v) Very fine fuels (less than 0.25 in.): 10 days 

(B) A person shall not conduct or allow the open burning of 

agricultural waste unless it is free of dirt, soil, and visible moisture. 

(C) A person shall ignite rice, barley, oat and wheat straw only by 

strip-firing or by backfiring into the wind unless a fire protection 

agency declares such actions would constitute a fire hazard. 

(D) A person shall not conduct or allow the open burning of 

agricultural waste unless a Burn Management Plan is approved in 

writing by the Executive Officer for any project greater than 10 

acres or a project that produces more than one ton of particulate 

matter emissions, as determined using EPA AP-42 or equivalent 

emissions factors approved by the Executive Officer, CARB, and 

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Rule 444 (Cont.) (Amended July 12, 2013) 

EPA. At a minimum, the Burn Management Plan shall contain the 

following information: 

(i) Location, types, and amounts of material to be burned 

(ii) Expected duration of the fire from ignition to extinction 

(iii) Identification of responsible personnel, including telephone 

contacts 

(iv) Identification and location of all smoke sensitive areas 

(v) Calculation of the particulate emissions tonnage, when the 

particulate emissions tonnage is selected as the criteria for 

determining the project size 

(E) A person shall not conduct or allow the open burning of 

agricultural waste unless the burn is located farther than 1,000 feet 

from a sensitive receptor location. 

(9) Additional requirements for prescribed burning: 

(A) A person shall conduct or allow prescribed burning only when the 

fires are set by, under the jurisdiction of, or pursuant to the orders 

or requirements of a fire protection agency. 

(B) A person shall not conduct or allow prescribed burning unless a 

Smoke Management Plan is approved in writing by the Executive 

Officer for any project greater than 10 acres or that produces more 

than one ton of particulate matter emissions, as determined using 

EPA AP-42 or equivalent emissions factors approved by the 

Executive Officer, CARB, and EPA. Smoke Management Plans 

shall be updated annually. At a minimum, the Smoke Management 

Plan shall contain the following information: 

(i) Location, types, and amounts of material to be burned 

(ii) Expected duration of the fire from ignition to extinction 

(iii) Identification of responsible personnel, including telephone 

contacts 

(iv) Identification and location of all smoke sensitive areas 

(v) Calculation of the particulate emissions tonnage 

(C) A person shall not conduct or allow prescribed burning unless a 

Smoke Management Plan is approved in writing by the Executive 

Officer for any project greater than 100 acres or that produces 

more than 10 tons of particulate matter emissions, as determined 

using EPA AP-42 or equivalent emissions factors approved by the 

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Rule 444 (Cont.) (Amended July 12, 2013) 

Executive Officer, CARB, and EPA. Smoke Management Plans 

shall be updated annually. At a minimum, the Smoke Management 

Plan shall contain the information required by subparagraph 

(d)(9)(B) and the following information: 

(i) Identification of meteorological conditions necessary for 

burning 

(ii) Smoke management criteria the land manager will use for 

making burn ignition decisions 

(iii) Projections, including a map, of where the smoke from 

burns is expected to travel both day and night 

(iv) Specific contingency actions (such as fire suppression or 

containment) that will be taken if smoke impacts occur or 

meteorological conditions deviate from those specified in 

the Smoke Management Plan 

(v) Evaluation of and consideration of emission reduction 

techniques including environmentally, economically, and 

logistically viable alternatives to burning 

(vi) Discussion of public notification procedures 

(D) The Executive Officer shall prioritize burn authorization requests 

based upon: 

(i) The level of training of the person conducting the burn as 

identified in the Burn Management Plan and Smoke 

Management Plan. 

(ii) The measures identified in the Smoke Management Plan 

proposed to reduce emissions. 

(E) Notwithstanding subparagraph (d)(1)(A), the Executive Officer 

may allow prescribed burning on marginal burn days, provided a 

Smoke Management Plan has been approved. 

(e) The Executive Officer may allow the Maximum Daily Burn Acreage for 

Agricultural Burning and Prescribed Burning as follows: 

(1) For all areas within the District jurisdiction, excluding the Coachella 

Valley: 

(A) 175 acres for prescribed wildland and range burning; and 

(B) 175 acres for agricultural burning; 

(2) For the Coachella Valley: 

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Rule 444 (Cont.) (Amended July 12, 2013) 

(A) 6 acres for prescribed wildland and range burning; and 

(B) 41 acres for agricultural burning; and 

(3) The provisions of this subdivision, limiting the maximum daily acreage, 

shall not apply to prescribed burning when a land manager has: 

(A) Demonstrated that the prescribed burn is required to reduce a fire 

hazard that jeopardizes public health or safety; and 

(B) Submitted a satisfactory Smoke Management Plan that has been 

approved by the Executive Officer. 

(f) Administrative Requirements 

(1) An Annual Post Burn Evaluation Report shall be submitted on or before 

January 31st of each calendar year for any open burn projects that require a 

Smoke Management Plan or a Burn Management Plan. The Report shall 

include, but not be limited to, the following: 

(A) The type of material burned 

(B) The total acreage permitted to burn 

(C) The total acreage burned 

(D) The total tons of material burned 

(E) The estimated fuel loading in tons per acre 

(F) The total of the estimated PM emissions 

(2) Fire Protection Agencies within the District must submit copies of written 

burn permits to the Executive Officer quarterly. 

(g) Fees 

If required by District Rule 306, any person conducting or allowing any open 

burning shall accompany the submittals required by subparagraphs (d)(8)(D), 

(d)(9)(B), (d)(9)(C), (h)(4)(C), and paragraph (f)(1) with applicable filing and 

evaluation fees pursuant to District Rule 306. 

(h) Exemptions 

(1) The provisions of paragraphs (d)(1) and (d)(5) of this rule shall not apply 

in the case of an imminent fire hazard, as defined in this Rule. 

(2) The provisions of subparagraphs (d)(1)(A), (d)(1)(B), (d)(1)(D) and clause 

(d)(1)(C)(ii) shall not apply to fire prevention/suppression training 

exercises or research, conducted by fire protection agencies, provided that: 

(A) For training exercises not conducted within existing structures: 

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Rule 444 (Cont.) (Amended July 12, 2013) 

(i) Each training fire is limited to no more than 30 minutes 

duration, 

(ii) The total cumulative burn time in a 24-hour period does not 

exceed: 

(a) Four (4) hours for Light Fuel 

(b) Six (6) hours for Heavy Fuels or a mixture of Light 

and Heavy Fuels 

(iii) Only Authorized Ignition Fuels are used. 

(B) For training exercises conducted within existing structures, each 

training fire is limited to no more than 30 minutes in duration. 

(3) The provisions of subparagraphs (d)(1)(A), (d)(1)(B), (d)(1)(D) and clause 

(d)(1)(C)(ii) shall not apply to fire prevention/suppression training 

exercises or to product testing conducted by non-fire protection agencies 

provided that: 

(A) Each fire is limited to no more than 30 minutes in duration, 

(B) The total burn time does not exceed four (4) hours in a 24-hour 

period, and 

(C) Only Authorized Ignition Fuels are used. 

(4) The provisions of subparagraphs (d)(1)(A) and (d)(8)(E) of this rule shall 

not apply to open burning as an emergency measure to protect crops from 

freezing provided that: 

(A) Open burning is the most immediate or only option available; 

(B) The temperature at the time of the requested open burning is 

reasonably anticipated to be below 40° Fahrenheit; 

(C) An Emergency Burn Plan submitted by the person seeking to 

conduct open burning is approved by the Executive Office prior to 

conducting the burn. The Plan shall include, but not be limited to, 

the following: 

(i) Location, types, and amounts of material to be burned 

(ii) Type of crop being protected 

(iii) Estimate of potential economic loss 

(iv) Expected dates, time, and duration of the fire from ignition 

to extinction 

(v) Identification of responsible personnel, including telephone 

contacts 

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Rule 444 (Cont.) (Amended July 12, 2013) 

(vi) Identification and location of all smoke sensitive areas 

(D) All site-specific conditions imposed by the Executive Officer as 

part of the approved Emergency Burn Plan are met; and 

(E) The person conducting the open burn shall notify the Executive 

Officer no more than 24 hours following the authorized burn to 

report the total amount of agricultural material burned. 

(5) The provisions of this rule shall not apply to: 

(A) Open burning located on islands 15 miles or more from the 

mainland coast. 

(B) Fireworks displays. 

(C) Pyrotechnics used for creation of special effects at theme parks. 

(D) Detonation of explosives during: 

(i) Quarry or mining operations 

(ii) Bomb disposal by a law enforcement agency 

(iii) Demolition of buildings or structures 

(E) The use of pyrotechnics, detonation of explosives, or fire effects 

for creation of special effects during theatrical productions, 

filming of motion pictures, videotaping of television programs or 

other commercial filming or video production activities provided 

that: 

(i) Each fire effect is limited to no more than 30 minutes in 

duration, and 

(ii) The fuel is untreated wood, charcoal, or Authorized 

Ignition Fuels. 

(6) Except for the requirements of subparagraph (d)(3) and (d)(4), the 

provisions of this rule shall not apply to: 

(A) Recreational fires or ceremonial fires, including fires conducted 

pursuant to United States Code, Title 4, Chapter 1, Section 8. 

(B) Open burning of natural gas, propane, untreated wood, or charcoal 

for the purpose of: 

(i) Preparation or warming of food for human consumption; or 

(ii) Generating warmth at a social gathering. 

(7) The distance and spacing provisions of clause (d)(3)(G)(ii) shall not apply 

to beach burning devices that are made available to comply with the 

Americans with Disabilities Act by making the beach burning device 

accessible via a continuous unobstructed concrete, asphalt or other 

444 – 15 
Rule 444 (Cont.) (Amended July 12, 2013) 

permanent pathway that crosses the surface of the beach. This paragraph 

does not exempt the beach burning devices that are made available for the 

Americans with Disabilities Act compliance from the total device count 

specified in sub-clause (d)(3)(G)(ii)(III). 

(i) Severability 

If any provision of this rule is held by judicial order to be invalid, or invalid or 

inapplicable to any person or circumstance, such order shall not affect the validity 

of the remainder of this rule, or the validity or applicability of such provision to 

other persons or circumstances. 

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Rule 444 (Cont.) (Amended July 12, 2013) 

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ATTACHMENT 1