MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 407 - OPEN OUTDOOR FIRES
(Adopted 9-1-74; Revised 6-13-83, 12-13-84, 2-20-85, 4-15-92, 4-20-94)

CONTENTS


PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 References


PART 2 DEFINITIONS

2.1 Agricultural Burning
2.2 Agricultural Waste Burning
2.3 Air District
2.4 Brush-treated
2.5 Burn Season
2.6 Forest Management Burning
2.7 Household Rubbish
2.8 Monterey Peninsula/Carmel Valley Smoke Sensitive Area (MP/CV SSA)
2.9 "No-burn" Day
2.10 "Permissive-burn" Day
2.11 Prescribed Burning
2.12 Range Improvement Burning
2.13 Recreational Fires
2.14 Smoke-Sensitive Area (SSA)
2.15 Wildland Vegetation Management Burning


PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
3.2 Permit Requirements
3.3 "Permissive Burn" and "No-Burn" Days
3.4 Prohibition of Nuisances
3.5 Standards for Materials to be Burned
3.6 Requirements for Fires within the Monterey Peninsula/Carmel Valley Smoke Sensitive Area




PART 1 GENERAL

1.1 Purpose
The purpose of this Rule is to codify requirements and standards regarding the use of open outdoor fires within the boundaries of the Monterey Bay Unified Air Pollution Control District (Air District).

1.2 Applicability
The provisions of this Rule shall apply to all persons who set or maintain open outdoor fires set within the boundaries of the Air District.

1.3 Exemptions

1.3.1 Exemptions from Section 3.1 (General Prohibition)
The following type of open outdoor fires are exempted from the provisions of Section 3.1 of this Rule:

1.3.1.1 With concurrence of the Air Pollution Control Officer, except in emergencies, when such fire is set or permission for such fire is given in the performance of the official duty of any public officer, and such fire in the opinion of such officer is necessary:

1.3.1.1.1 for the instruction of public employees in the methods of fighting fire; or
1.3.1.1.2 for disposing of Russian thistle (Salsola kali); or
1.3.1.1.3 for the setting of backfires necessary to save life or valuable property pursuant to Section 4426 of the Public Resources Code; or
1.3.1.1.4 for the abatement of fire hazards pursuant to Section 13055 of the Health and Safety Code which cannot be abated by other means; or
1.3.1.1.5 for disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning.

1.3.1.2 With concurrence of the Air Pollution Control Officer, except in emergencies, when such fire is set pursuant to permit on property used for industrial purposes for the purpose of instruction of employees in methods of fighting fire;

1.3.1.3 Agricultural fires necessary to maintain and continue an agricultural operation set, or permitted by a fire official having jurisdiction in the performance of official duty for the purpose of:

1.3.1.3.1 fires set in the course of any agricultural operation in the growing of crops, or raising of fowls, animals or bees;
1.3.1.3.2 fires for the control and disposal of agricultural wastes (see Rule 409);
1.3.1.3.3 range improvement burning (see Rule 410);
1.3.1.3.4 forest management burning (see Rule 411);
1.3.1.3.5 burning of wood wastes from developments (see Rule 422); or
1.3.1.3.6 wildland vegetation management (see Rule 432).

1.3.1.4 With concurrence of the Air Pollution Control Officer, except in emergencies, on "permissive-burn" days only, fires for disposal of household rubbish of a single- or two-family dwelling on its premises, in an area not served on a weekly basis by an organized solid waste disposal service.

1.3.1.5 On "permissive-burn" days only, and only during the burn season, fires for disposal of yard trimmings and brush originating on and being burned on the premises of a single- or two-family dwelling.

1.3.1.6 Within San Benito County, fires for disposal of household rubbish of a single- or two-family dwelling on its premises.

1.3.1.7 Fires used only for the cooking of food for human beings or for recreational purposes (see definition in Part 2, herein, for recreational fires).

1.3.1.8 With concurrence of the Air Pollution Control Officer, except in emergencies, burning for right-of-way clearing by a public entity or utility where access by chipping equipment is not available by existing means, or for levee, reservoir, and ditch maintenance.

1.3.1.9 Mechanized burners may be used for the purpose of disposing of agricultural wastes, or wood waste from trees, vines, bushes, or other wood debris free of non-wood materials as provided in Section 41812, Division 26, State Health and Safety Code.

1.3.2 Exemptions from Section 3.2 (Permit Requirements)

1.3.2.1 fires described in Section 1.3.1.7 (recreational and cooking fires);

1.3.2.2 fires described in Section 1.3.1.1 where the entity conducting the fire is the permitting agency;

1.3.2.3 fires described in Section 1.3.1.6 (household rubbish fires within the San Benito County zone);

1.3.2.4 fires described in Section 1.3.1.5 (backyard burning);

1.3.3 Exemptions from Section 3.3 ("Permissive-burn" and "No-burn" Days)

1.3.3.1 fires described in Section 1.3.1.7 (recreational and cooking fires);

1.3.3.2 fires described in Section 1.3.1.1.1 (fire-fighting instruction for public employees);

1.3.3.3 fires described in Section 1.3.1.2 (industrial fire-fighting instruction);

1.3.3.4 agricultural fires set upon Air Pollution Control Officer approval where denial of such approval would threaten imminent and substantial economic loss as provided in Health and Safety Code Section 41862.

1.4 Effective Dates
This Rule has been in effect since September 1, 1974. The rule in its present form is effective on April 20, 1994.

1.5 References
The requirements of this Rule arise from the provisions of:

1.5.1 California Health and Safety Code Sections 41800 et seq., 41850 et seq.; and

1.5.2 California Code of Regulations Section 80200.


PART 2 DEFINITIONS

2.1 Agricultural Burning
As defined by California Health and Safety Code Section 39011, et seq.

2.2 Agricultural Waste Burning
Refers to "open burning in agricultural operations in the growing of crops or raising of fowl or animals", as defined in California Code of Regulations, Title 17 Subchapter 2 Article 1 Section 80100(f). This includes the burning of materials not produced wholly from such operations, but which are intimately related to the growing or harvesting of crops and which are used in the field, except as prohibited by District rules and regulations. Examples are grapestakes, trays for drying raisins and date palm protective paper.

2.3 Air District
The Monterey Bay Unified Air Pollution Control District, unless otherwise noted.

2.4 Brush-treated
The material to be burned has been felled, crushed or uprooted with mechanical equipment, has been desiccated with herbicides, or is dead.

2.5 Burn Season
The period of time during the year during which certain types of burning are allowed. The burn season shall begin on December 1 and shall continue to April 30 each year.

2.6 Forest Management Burning
The use of open fires, as part of a forest management practice, to remove forest debris or for forest management practices which include timber operations, silvicultural practices or forest protection practices.

2.7 Household Rubbish
Solid or liquid waste from materials used or consumed in a human dwelling which can be placed inside a 30 gallon garbage can. This includes materials such as animal or vegetable putrescible wastes (garbage) and nonputrescible wastes (rubbish), including discarded materials resulting from normal residential activities. The term does not include discarded appliances, furniture, or other bulky items (trash) which cannot be placed in a 30 gallon garbage can.

2.8 Monterey Peninsula/Carmel Valley Smoke Sensitive Area (MP/CV SSA)
That geographical area specified in Section 3.6.5 of this Rule.

2.9 "No-burn" Day
Any day on which agricultural burning is prohibited by the California Air Resources Board.

2.10 "Permissive-burn" Day
Any day on which agricultural burning is not prohibited by the California Air Resources Board.

2.11 Prescribed Burning
The planned application of fire to vegetation on lands selected in advance of such application, where any of the purposes of the burning are specified in the definition of agricultural burning as set forth in Health and Safety Code Section 39011.

2.12 Range Improvement Burning
The use of open fires to remove vegetation for a wildlife, game or livestock habitat or for the initial establishment of an agricultural practice on previously uncultivated land.

2.13 Recreational Fires
Any fires for which the purpose is other than the disposal of the material being combusted, including (but not limited to) ceremonial, cooking food for human consumption, education, religious or warming.

2.14 Smoke-Sensitive Area (SSA)
A populated area, an airport, a traveled road or highway designated Class I for visibility standards, or any place where smoke can adversely affect the public health and welfare, as defined in the California Code of Regulations, Title 14, Section 1561.1.

2.15 Wildland Vegetation Management Burning
The use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly covered with chaparral (as defined in Title 14, California Code of Regulations, Section 1561.1), trees, grass or standing brush.
 

PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
A person shall not burn any combustible refuse or other material prohibited by the State Health & Safety Code Section 41800 in any outdoor fire within the boundaries of the Monterey Bay Unified Air Pollution Control District, except as provided at Section 1.3.1 of this Rule.

3.2 Permit Requirements
No person shall set or permit to be set, any open outdoor fire including agricultural fires, without first obtaining a written permit from the Air District or local fire protection agency, except as provided at Section 1.3.2 of this Rule.

In issuing a permit to burn wastes, the Air Pollution Control Officer or other permitting authority may limit the amount of such material that can be burned in any one day and the hours of the day during which material may be burned.

3.3 "Permissive Burn" and "No-Burn" Days
No person shall set or permit to be set, any outdoor fire, on any day designated by the California Air Resources Board as a "no-burn" day, except as provided at Section 1.3.3 of this Rule. Fires allowed pursuant to this Rule shall only be set during "permissive-burn" days as designated by the California Air Resources Board.

3.4 Prohibition of Nuisances
Notwithstanding any other provision of this Rule, no fire shall constitute a nuisance as defined in District Rule 402 (Nuisances).

3.5 Standards for Materials to be Burned
All materials to be burned shall conform to the following requirements to ensure rapid and complete combustion to minimize smoke generation:

3.5.1 Materials to be burned shall be dry prior to burning and shall be reasonably free of dirt, soil and visible surface moisture.

3.5.2 Trees, branches and prunings over two inches in diameter shall have been dried for at least 60 days prior to burning.

3.5.3 Trees, branches and prunings under two inches in diameter and plant trimmings shall have been dried for at least 30 days prior to burning.

3.5.4 Material to be burned shall be arranged so as to provide adequate aeration to allow the material to burn with a minimum of smoke.

3.5.5 Material containing poison oak shall not be burned where in the opinion of the Air Pollution Control Officer the smoke from the burning operations could adversely affect adjacent or nearby residences.

3.5.6 Neither oil, gasoline or other petroleum distillate, nor tires shall be used for ignition.

3.6 Requirements for Fires within the Monterey Peninsula/Carmel Valley Smoke Sensitive Area
Notwithstanding other provisions of this Rule, open burning provided for by Sections 1.3.1.5 (backyard burning) and 1.3.1.8 (right-of-way burning) of this Rule and District Rule 422 (Burning of Wood Wastes from Developments), is prohibited within the Monterey Peninsula/ Carmel Valley Smoke Sensitive Area (MP/CV SSA) as defined in Section 3.6.5, unless ALL the following conditions are met:

3.6.1 Such burning is permitted only in those local fire protection agency jurisdictions set forth in Section 3.6.4which have adopted enforceable local fire protection agency rules that limit the total number of burns, including agricultural burns, to no more than 25 such burns per "permissive-burn" day. Local fire protection agency rules shall be deemed to comply with this Section only if such rules provide that the local fire protection agency shall maintain a log of each permittee authorized by said agency to burn on any given "permissive-burn" day, and shall assign either a daily authorization number or a local agency burn permit number.  Such rules shall further provide that said log of 25 or fewer authorized permittees per "permissive-burn" day shall be made available to the Air District upon request, and shall be maintained for a period not less than 90 calendar days from the date of each "permissive-burn" day.

3.6.2 Burning delineated in this Section and agricultural burning, as in Section 1.3.1.3 of this Rule, is permitted only after a burn permit has been obtained from the proper local fire protection agency.  The burn permit is valid:

3.6.2.1 only on permissive-burn days as determined by the California Air Resources Board; and,
3.6.2.2 upon receipt of a daily authorization number issued by the local fire protection agency having jurisdiction.

3.6.3 Upon written approval of the Air Pollution Control Officer, any local fire protection agency subject to the provisions of Section 3.6.2.2 may delegate to the Air Pollution Control Officer its responsibility and authority to issue daily authorization numbers which therefore validate on a daily basis burn permits issued pursuant to Section 3.6.2. Should such delegation occur, the issuance or denial of a daily authorization number by the Air Pollution Control Officer shall respectively validate or invalidate the subject burn permit for that respective day as if such action had occurred by the local fire protection agency having jurisdiction in accordance with other provisions of Rule 407 herein.

3.6.4 In full recognition of the fact that each local fire protection agency has the prerogative and right to constrain or prohibit open burning altogether, the following agencies are authorized to issue open burning permits on behalf of the Air District:
 

Carmel-by-the-Sea FD
Carmel Highlands FPD
Carmel Valley FPD
Cypress FPD
Mid-Carmel Valley FPD
Monterey FD
Pacific Grove FD
Pebble Beach CSD
California Department of Forestry and Fire Protection (CDF).

3.6.5 The MP/CV SSA is delineated by the following Township and Range coordinates, or Sections thereof, based on the Mount Diablo Meridian:
  1. All of T15S, R1W.
  2. T15S, R1E, Sections 19, 20, 21, and 28 thru 33.
  3. All of T16S, R1W.
  4. T16S, R1E, Sections 4 thru 9, and 13 thru 36.
  5. T16S, R2E, Sections 18, 19, and 26 thru 35.
  6. T17S, R1W, Sections 1, 2, 11, 12, 13, 14, and 24.
  7. T17S, R1E, Sections 1 thru 24.
  8. T17S, R2E, Sections 1 thru 24.

3.6.6 The defined perimeter of the MP/CV SSA, and the limit on number of burns each day may be reviewed by the Air District Board and may be re-established, if deemed appropriate, based on recent meteorological and open burning related data.

* * * * *