LAST REVISED 01/01/89          
          RULE 4.3  Non-Agricultural Burning

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

          A. Nothing in this prohibition shall be construed as limiting the
             authority granted under other provisions  of law to any public
             officer to set or permit a fire when such fire  is, in his/her
             opinion, necessary for any of the following purposes:

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

             2. The  instruction  of  public  employees  in  the methods of
                fighting fire.

             3. Set  pursuant  to  permit  on  property used for industrial
                purposes for the instruction of employees in the methods of
                fighting fires.

             4. The setting of backfires necessary to save life or valuable
                property pursuant to Section 4426  of  the Public Resources

             5. The abatement of fire hazards pursuant to Section 13055.

             6. Disease  or pest prevention, where there  is  an  immediate
                need for and no reasonable alternative to burning.

          B. Nothing in this regulation shall be construed as prohibiting:

             1. Open burning  of  approved combustibles used for cooking of
                food or for recreational purposes.

             2. Open fires used for  disposal of residential rubbish from a
                single or two-family dwelling on its premises.

          C. Open outdoor fires shall  be  allowed for disposal of approved
             combustibles,  only  on  a  permissive   burn   day,  for  the

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

            2.  The  disposal of wood waste from trees, vines or bushes  on
                property  being  developed  for  commercial  or residential
                purposes  or  the disposal of brush cuttings resulted  from
                brush clearance done in compliance with local ordinances to
                reduce fire hazard,  on  the  property  where it was grown.
                Burning under this subdivision is subject to the conditions
                specified in Section 41803 and 41804.
            3.  The  disposal  by  a city or county of non-industrial  wood
                waste from trees, vines,  and  brush at sites located above
                1500  feet elevation mean sea level.   Burning  under  this
                subdivision  is  subject  to  the  conditions  specified in
                Sections 41803 and 41804.5.

            4.  The disposal of Russian thistle (Salsola kali) when  autho-
                rized  by  a  chief of a fire department or fire protection
                agency of a city,  county, or fire protection district, the
                State Forester or his/her  duly  authorized representative,
                or  a  county  agricultural commissioner,  or  the  Control
            5.  The state board,  after  consultation  with the district in
                which the burning is to take place, may  issue  permits for
                experimental  burning  designed  to develop new or improved
                techniques of burning to reduce emissions,  except  that no
                experimental burning may create a nuisance.

            6.  The  Control Officer 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  into  the
                atmosphere for a period or periods aggregating more than 30
                minutes in any eight-hour period which is:

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

                b. Of  such opacity as to obscure an observer's view  to  a
                   degree  equal to or greater than does smoke described in
                   subdivision  a. In authorizing the operation of a mecha-
                   nized burner,  the  Control  Officer may make the permit
                   subject  to whatever conditions  he/she  determines  are
                   reasonably  necessary  to  assure  conformance  with the
                   standards prescribed in this rule.

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