5I-2.003. Definitions  

Effective on Sunday, October 19, 2014
  • 1(1) “Agricultural Burning” is the burning of vegetative material originating on site in conjunction with the cultivation of land, and including: gardening or horticulture, fruit growing, raising of vegetables, trees, shrubs, plants, pastures or rangeland.

    36(2) “Air Curtain Incinerator” is a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain.

    93(3) “Air Pollution” is the presence in the outdoor atmosphere of any one or more substances or contaminants in quantities which are potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interferes with the enjoyment of life or property, including outdoor recreation, unless specifically exempted by state statute.

    150(4) “Air Pollution Episode” means a day on which generally unhealthy air (an Air Quality Index value of 151 or greater) occurs or is forecast to occur by the Department of Environmental Protection (DEP).

    184(5) 185“Broadcast Burning” means the burning of agricultural or natural vegetation by allowing fire to move across a predetermined area of land. The term does not include the burning of vegetative debris that is piled or stacked.

    221(6) “Certified Pile Burner” is an individual who successfully completes the certification program of the Florida Forest Service as outlined in subparagraphs 2435I-2.006(8)(c)1. 244through 3., F.A.C., and possesses a valid certification number.

    253(7) “Certified Pile Burning” is a pile burn conducted in accordance with a written pile burning plan by a certified pile burner.

    275(8) “Certified Prescribed Burn Manager” is an individual who successfully completes the certification program of the Florida Forest Service as outlined in 297subparagraphs 2985I-2.006(2)(e)1. 299through 3003., F.A.C., and possesses a valid certification number.

    308(9) “Certified prescribed burning” means prescribed burning in accordance with a written prescription conducted by a certified prescribed burn manager.

    328(10) “Completed” means that for:

    3331. Broadcast burning, no continued lateral movement of fire across the authorized area into entirely unburned fuels within the authorized area.

    3542. Certified pile burning or pile burning, no visible flames exist.

    3653. Certified pile burning or pile burning in an area designated as smoke sensitive by the Florida Forest Service, no visible flames, smoke, or emissions exist.

    391(11) “Contained” means that fire and smoldering exist entirely within established or natural firebreaks.

    405(12) “Department” is the Department of Agriculture and Consumer Services.

    415(13) “Dispersion Index” is a numerical index from 0 to infinity supplied daily by National Weather Service (NWS), that estimates the atmosphere’s capacity to distribute particles and gases emitted by a wildland fire of any type. The Dispersion Index has two relative scales, one for day and one for night.

    465(14) “Excessive Visible Emissions” are air pollutants emitted in such quantity as to exceed a DEP opacity standard, as determined by a visible emissions observer certified pursuant to rule 49462-297.320, 495F.A.C., or reduce an observer’s view to less than 100 feet.

    506(15) “Fine Fuel Moisture” is the amount of moisture, usually expressed as a percentage, found in fast drying, dead fuels such as grass, leaves, draped pine needles, and very small diameter (less than 1/4'' inch) twigs.

    542(16) “Flame Length” is the distance between the flame tip and the base of the flame measured generally at the ground surface.

    564(17) “Land Clearing Debris” is uprooted or cleared vegetation resulting from a land clearing operation including untreated wood, e.g., old fence posts, and does not include yard trash.

    592(18) “Mixing Height”, as supplied daily by the National Weather Service, is the height above the land surface in feet to which relatively vigorous mixing of the atmosphere occurs.

    621(19) “National Weather Service Air Stagnation Advisory” is an advisory issued by the National Weather Service to caution local and regional agencies on meteorological conditions expected to persist for at least 36 hours, which are conducive to poor dispersion.

    660(20) “Occupied Building” means any building that serves as a primary residence, meeting place, or place of business.

    678(21) “Open Burning” means any outdoor fire or open combustion of material which produces visible emissions.

    694(22) “Pile Burning” is any burning of silvicultural, agricultural or land clearing and tree cutting debris originating on site that has been stacked together in a round or linear (windrow) fashion. 725Pile burning authorized by the Florida Forest Service is a temporary procedure, which operates on the same site for 6 months or less.

    748(23) “Pile Burn Plan” is a written plan establishing the method of conducting a certified pile burn. 

    765(24) “Prescribed Burning” means the application of fire 773by broadcast burning 776for vegetative fuels under specified environmental conditions while following appropriate measures 787to guard against the spread of fire beyond the predetermined area to 799accomplish planned fire or land management objectives.

    806(25) “Prescription” is a written plan establishing the 814conditions and method for conducting 819a 820certified 821prescribed burn.

    823(26) “Relative Humidity” is the ratio, expressed as a percentage of the amount of moisture in the air, to the maximum amount of moisture the air is capable of holding under the same conditions.

    857(27) “Refractory Lined” means any non-metallic ceramic substance that is suitable for use as structural material at high temperatures and is used in Air Curtain Incinerators.

    883(28) “Residential Pile Burning Operation” is a pile burning operation that is conducted by a landowner or an individual contracted by the landowner for an existing or planned residential dwelling of not more than two family units. This does not include the burning of yard trash.

    929(29) “Silviculture” is a forestry operation dealing with the establishment, development, reproduction, and care of forest flora and fauna.

    948(30) “Smoke Sensitive Areas” are areas designated by the Florida Forest Service within which, for reasons of visibility, health or human welfare, smoke could unduly adversely impact public safety e.g., interstates, urban areas, airports, and hospitals.

    984(31) “Smoldering” is the continued consumption of fuels, which may emit flames and smoke, after a fire is contained.

    1003(32) “Spreading” is continued lateral movement of the fire into unburned fuels.

    1015(33) “Sunset” is the official time the sun will set as set forth by the U.S. Naval Observatory (tables are available at National Weather Services offices).

    1041(34) “Surface Wind Speed” is wind speed in miles per hour measured 20 feet above the average local vegetation. Wind speeds supplied by the National Weather Service are “Surface Wind Speeds”.

    1072(35) “Transport Wind Speed” is a measure of the average rate, in miles per hour, of the horizontal movement of air throughout the mixing layer.

    1097(36) “Trash” means waste materials resulting from the construction, renovation or demolition of a structure, and other debris such as paper, cardboard, packing material, pharmaceuticals, cloth, glass, street sweepings, vehicle tires and other like matter. The definition does not include 1137untreated wood, 1139land clearing debris, tree cutting debris, or yard trash.

    1148(37) “Treated Wood” 1151means wood coated or infused with paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), or other wood preservatives or treatments.

    1174(38) “Tree Cutting Debris” is debris consisting of trees, tree stumps, and tree limbs resulting from a tree removal or tree trimming operation that is conducted by the homeowner or an individual contracted by the homeowner of an existing residential dwelling of not more than two family units. It does not include yard trash.

    1228(39) “Untreated Wood” means wood (including lighter pine, tree trunks, limbs and stumps, shrubs, and lumber) which is free of paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, CCA, and other wood preservatives or treatments.

    1262(40) “Windrow” means a long row of vegetative material originating on the site left to dry.

    1278(41) “Yard Trash” (Yard Waste, chapter 62-256, F.A.C.) means vegetative matter resulting from landscaping and yard maintenance operations and other such routine property cleanup activities. It includes materials such as leaves, shrub trimmings, grass clippings, brush, and palm fronds.

    1317Rulemaking Authority 1319570.07(23), 1320(28), 1321590.125(3)(e) FS. 1323Law Implemented 1325570.07(28), 1326570.548, 1327590.02(1)(b), 1328590.125(2), 1329(3) FS. History–New 7-1-71, Formerly 17-5, Amended 7-1-75, Formerly 5I-2.03, Amended 1-9-91, 8-9-93, 8-16-95, 10-18-99, 10-31-05, 12-16-08, 10-19-14.


Rulemaking Events:

Historical Versions(2)

Select effective date to view different version.