EDAPCD RULE 308 NONAGRICULTURAL BURNING
LAST REVISED 08/28/91


Rule 308  Nonagricultural Burning

          308.1 Prohibition:

               Except as otherwise provided in this Regulation, no
               person shall use open outdoor fires for the purpose
               of disposal or burning of petroleum wastes,
               demolition debris, tires, tar, trees, wood waste,
               household rubbish, or other combustible or
               flammable solid or liquid waste; or for metal
               salvage or burning of motor vehicle bodies. 
               (Section 41800)

          308.2 Exemptions.

                    A.   Land Development Clearing
                    B.   Ditch and Road Maintenance
                    C.   Hazard Reduction
                    D.   Fire Suppression and Training
                    E.   Residential Maintenance
                    F.   Recreational Activity
                    G.   Mechanized Burners Requirements
                                     
               A.   Land Development Clearing.

                    The APCD finds it more economically desirable
                    to dispose of unsalable wood waste from trees,
                    vines, and bushes on property being developed
                    for commercial or residential purposes by
                    burning instead of burial at a sanitary
                    landfill.  This material shall be allowed for
                    disposal by burning in compliance with the
                    following Rules:

                         1.   Rule 302 Permit Requirements
                         2.   Rule 303 Burn Days
                         3.   Rule 304 Smoke Management
                         4.   Rule 305 Minimum Drying Time
                 
               B.   Ditch and Road Maintenance.

                    The use of open outdoor fires for right-of-way
                    clearing by a public entity, or utility, or
                    for levee, ditch, or reservoir maintenance
                    shall be allowed in compliance under the
                    following Rules:

                         1.   Rule 302 Permit Requirements
                         2.   Rule 303 Burn Days
                         3.   Rule 304 Smoke Management
                         4.   Rule 305 Minimum Drying Time


               C.   Hazard Reduction.

                    1.   The burning of vegetation such as vines,
                         bushes and waste from trees produced by
                         fire safe clearing will be allowed when
                         this burning is done in compliance with
                         State and local law or ordinance to
                         reduce a fire hazard.

                    2.   A burn permit can only be issued by the
                         fire agency with legal control.

                    3.   The burning shall be in compliance with
                         the following rules:

                              a.   Rule 302 Permit Requirements
                              b.   Rule 303 Burn Days
                              c.   Rule 304 Smoke Management
                              d.   Rule 305 Minimum Drying Time

                    4.   If a fire officer with jurisdiction
                         determines that a condition exists in
                         which a fire hazard will have an imminent
                         effect on life, or property, or where
                         other authorized officials determine that
                         a health hazard exists and that there is
                         no alternative to burning, all provisions
                         of this Rule shall be waived.

               D.   Fire Suppression and Training.  (Section
                    41801)

                    Nothing in these Rules and Regulations shall
                    be construed as limiting the authority of any
                    public fire official granted under provisions
                    of law to:

                    1.   Set or permit a fire when such fire is,
                         in his opinion, necessary for the
                         instruction of public employees, and/or
                         volunteer firemen, or on property used
                         for industrial purposes, when instructing
                         employees in the methods of fighting
                         fires.

                    2.   An Air Pollution Control Permit from the
                         APCD must be issued as stated in Rule
                         302.

                    3.   Set or cause to be set backfires
                         necessary to save life, or valuable
                         property pursuant to Section 4426 of the
                         Public Resources Code. (Section 41801)

               E.   Residential Maintenance.

                    Residential vegetation burning is allowed
                    under the following conditions:

                    1.   Burning shall be allowed only if the
                         material originated from a single or two
                         family dwelling and is burned on the
                         premises it originated from, and limited
                         to the following material: waste from
                         trees, vines, brush, leaves, lawn
                         clipping and dry plants.

                    2.   Burning shall be managed in compliance
                         with the following Rules:

                         a.   303 Burn Days
                         b.   304 Smoke Management
                         c.   305 Minimum Drying Time
                         d.   Burn Permit - A burn permit from the
                              designated fire agency may be
                              required.
                                     
                    3.   Prohibited Materials for Outdoor fires:

                         1.   No colored inks/dyes or glossy
                              magazine products.
                                                  
                         2.   The burning of Household Rubbish
                              such as items defined in Rule 300. 
                              Treated wood, plastic, clothing,
                              furniture, man-made by-products or
                              domestic belongings common to a
                              household, including garbage from
                              such a dwelling.
               
                    4.   Prohibitive Burning Months:
                    
                         No person shall ignite or cause to be
                         ignited an outdoor fire as defined in
                         Rule 300 between the months of May July 1
                         through November 30 1.  The effective
                         date of this section shall commence on
                         adoption date of this rule.

                    5.   The maintenance of 4x4 piles shall be in
                         compliance with all other fire agencies
                         and are governed by those agencies.

               F.   Recreational Activity.
               
                    Nothing in these Rules and Regulations should
                    be construed as limiting the use of open
                    outdoor fires for recreational purposes, such
                    as the cooking of food for human
                    consumption.     

               G.   Mechanized Burners Requirements.  (Section
                    41812).

                    The APCO may authorize, by 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 for
                    a period or periods aggregating more than 30
                    minutes in any eight hour period which is;

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

                    2.   Of such opacity as to obscure an
                         observer's view to a degree equal to or
                         greater than does smoke described in
                         subsection 1 of this rule.

                    3.   Set or cause to be set backfires
                         necessary to save life, or valuable
                         property pursuant to Section 4426 of the
                         Public Resources Code. (Section 41801)

               E.   Residential Maintenance.

                    Residential vegetation burning is allowed
                    under the following conditions:

                    1.   Burning shall be allowed only if the
                         material originated from a single or two
                         family dwelling and is burned on the
                         premises it originated from, and limited
                         to the following material: waste from
                         trees, vines, brush, leaves, lawn
                         clipping and dry plants.

                    2.   Burning shall be managed in compliance
                         with the following Rules:

                         a.   303 Burn Days
                         b.   304 Smoke Management
                         c.   305 Minimum Drying Time
                         d.   Burn Permit - A burn permit from the
                              designated fire agency may be
                              required.
                                     

                    3.   Prohibited Materials for Outdoor fires:

                         1.   No colored inks/dyes or glossy
                              magazine products.
                                                  
                         2.   The burning of Household Rubbish
                              such as items defined in Rule 300. 
                              Treated wood, plastic, clothing,
                              furniture, man-made by-products or
                              domestic belongings common to a
                              household, including garbage from
                              such a dwelling.
               
                    4.   Prohibitive Burning Months:
                    
                         No person shall ignite or cause to be
                         ignited an outdoor fire as defined in
                         Rule 300 between the months of July 1
                         through November 1.  The effective date
                         of this section shall commence on
                         adoption date of this rule.

                    5.   The maintenance of 4x4 piles shall be in
                         compliance with all other fire agencies
                         and are governed by those agencies.

               F.   Recreational Activity.

                    Nothing in these Rules and Regulations should
                    be construed as limiting the use of open
                    outdoor fires for recreational purposes, such
                    as the cooking of food for human consumption.

               G.   Mechanized Burners Requirements.  (Section
                    41812).

                    The APCO may authorize, by 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 for
                    a period or periods aggregating more than 30
                    minutes in any eight hour period which is;

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

                    2.   Of such opacity as to obscure an
                         observers' view to a degree equal to or
                         greater than does smoke described in
                         subsection 1 of this rule.