(Adopted 1/89)

In accordance with Sections 41801 and 41851 of the California Health and Safety Code the provisions of Rule 2.0, Open Fires does not apply to the following providing there are no prohibited materials burned as defined by Rule 2.9, Prohibited Burning, of these rules and regulations.

  1. Fires set by or authorized by any public officer if such fire is set or permission given in the performance of the official duty of such officer, and such fire in the opinion of such officer is necessary:
    1. For the purpose of the prevention of a fire or health hazard which cannot be abated by any other means; or,
    2. For the instruction of public employees in the methods of fighting fires.
  2. Open fires set pursuant to an open burning permit issued by the Air Pollution Control as follows:
    1. On property used for industrial purposes for the purpose of instructing employees in methods of fighting fires.
    2. Agricultural operations in the growing of crops, or raising of fowls, animals and bees, including range, pasture and watershed improvement.
    3. Burning for disease or pest prevention where there is an immediate need for and no reasonable alternative to burning, as determined by the Sutter County Health Department or the Sutter County Agricultural Commissioner.
      1. Said determination to be in writing.
  3. The burning of agricultural waste using equipment if the burning is performed with L.P. gas or natural gas fired burners designed and used to kill grasses and weeds in orchard and field crops.
    1. Providing the growth is such that combustion will not continue without the burner.
  4. For the training and development of fire fighting skills of public fire fighting agency personnel.
  5. As provided in Section 41806 of the California Health and Safety Code, nothing in these Rules and Regulations shall be construed to prohibit burning for the disposal of combustible or flammable solid waste developed from a single or two family dwelling and premises in accordance with the following:
    1. Burning is to be performed on the premises.
      1. The premises for a single or two family dwelling shall not be considered occupying more than a two (2) acre area.
    2. Waste to be burned shall not contain petroleum products, demolition debris, tires, tar, metal salvage, wet garbage, dead animals, parts of animals, materials containing prohibited materials or materials that produce offensive odors when burned.
  6. As provided by Section 41807 of the California Health and Safety Code, nothing in these Rules and Regulations shall be construed to prohibit burning for right-of-way clearing by a public entity, utility or for levee and ditch maintenance.
  7. To abate fires pursuant to Section 41801 (e) of the California Health and Safety Code.
  8. For the production of smoke column as required by Section 2453(a) of the California Administrative Code when applying specified types of restricted herbicides:
    1. Tires may be used for this purpose.
  9. Open outdoor fires for the purpose of cooking meals for human beings and recreational purposes as provided by Section 41704(e) of the California Health and Safety Code, and open fires necessary to provide physical comfort.
  10. Fires used in heating branding irons and as necessary in animal husbandry practices.