Definitions, Open Burning Allowed

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Florida Forest Service

RULE NOS.:RULE TITLES:

5I-2.003Definitions

5I-2.006Open Burning Allowed

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 136, July 15, 2014 issue of the Florida Administrative Register.

5I-2.003 Definitions. No change.

 

5I-2.006 Open Burning Allowed.

(1) No change,

(2)(a) through (d) No change.

(e) Burn Manager Certification Process. To become a Certified Prescribed Burn Manager an individual must complete the required training and conduct a successful certification burn.

1. The Florida Certified Prescribed Burn Manager Training Course is approved by the FFS to meet the required training. It is offered in two formats:

a. The distance learning format is intended for experienced burners and students must meet the following criteria prior to taking the course; have obtained authorizations, as provided in subsection (1), from the FFS  and conducted a minimum of three broadcast burns in Florida or participation in five broadcast burns in Florida with recommendation from a current Certified Prescribed Burn Manager, or hold a current prescribed burner certification in another State or hold a current Prescribed Fire Burn Boss Type 2 Certification.

b. The classroom format is open to individuals of all experience levels. After taking this course trainees must obtain direct experience in three broadcast burns prior to conducting a certification burn. If the student meets the criteria for the distance learning format, then the three burns after the course are not necessary.

2. Certification burn process. Within three years of completing the course (either format), applicants must submit a completed prescription for the proposed certifying burn to their local FFS office prior to the burn for review and approval. After the prescription has been approved the burn described in that prescription must be reviewed by the FFS during the burn operation. The local FFS Center/District Manager (or their designee) will recommend FFS Prescribed Burn Manager Certification to the Forest Protection Bureau upon satisfactory completion of both the prescription and the review of the actual burn.

3. In order to continue to hold the FFS Prescribed Burn Manager Certification the burner must comply with paragraph 5I-2.006(2)(f), F.A.C., or Florida Forest Service Certification will terminate five years from the date of issue.

(2)(f) No change.

(g)  Decertification. A Certified Prescribed Burn Manager’s certification shall be revoked if the Burn Manager’s actions constitute violations of Florida law and agency rules which equal or exceed 15 points within any two year period using the Certified Prescribed Burn Manager Violations – Point Assessment Table, Version 2.0, June 9, 2014 September, 2008, which is hereby adopted and incorporated by reference and is available at:http://www.flrules.org/Gateway/reference.asp?No=Ref-04183. A decertified Burn Manager must complete the Burn Manager Certification process outlined in paragraph 5I-2.006(2)(e), F.A.C., in order to be recertified.

(3)(a) through (d) No change.

(4)(a) through (e) No change.

(f) The burning will not exceed 6 months on the same site from the date of the initial authorization from the FFS, unless the FFS is notified of an exemption by the Department of Environmental Protection (DEP), or unless the authorization is for agricultural citrus spot burning as defined in subsection 5I-2.006(9), F.A.C.

(5)(a) through (d) No change.

(6)(a) through (l) No change.

(7) No change.

(8)(a) through (d) No change.

(e) Decertification. A Certified Pile Burner’s certification shall be revoked if the Certified Pile Burner’s actions constitute violations of Florida law and agency rules which equal or exceed 15 points within any two year period using the Certified Pile Burner Violations – Point Assessment Table,  Version 2.0, June 9, 2014 September, 2008,, which is hereby adopted and incorporated by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04184. A decertified Pile Burner must complete the Pile Burner Certification process outlined in paragraph 5I-2.006(8)(c), F.A.C., in order to be recertified.

(9) Citrus spot burning is a Florida Forest Service program that includes both certified and non-certified pile burners. In order to participate in this program a burner must submit an application to the local FFS District or Center office and have the site where the burning is to be conducted inspected by the FFS prior to any pile burning authorizations being issued for that site. The application must include a map of the burn sites.  The person responsible for the burning must also attend a training session that addresses Florida’s  open burning rules and regulations as they pertain to citrus pile burning.  Citrus spot burns are required to have a setback of at least 400 feet from combustible vegetation (brush or wildlands).

(10)(9) Open Burning for Non-Certified Pile Burners. The FFS will issue authorizations for one day only for all pile burning, except for those burning citrus. Citrus pile authorizations will be issued for up to three days. Non-Certified Pile Burners must comply with normal hours of operation listed in this section on a daily basis. A three day authorization does not allow for night time burning. Burns for Non-Certified Pile Burners must be completed by one hour before sunset. In smoke sensitive areas the piles must be completed with no visible flame or emissions one hour before sunset.

(11)(10) Recreational Open Burning. Nothing in this chapter shall be construed to prohibit the legal open burning of vegetative debris and untreated wood in a campfire, outdoor fireplace, or other contained outdoor heating or cooking device, or on cold days for warming of outdoor workers. Furthermore, nothing in this chapter shall be construed to prohibit the open burning of vegetative debris or untreated wood in a recreational or ceremonial bonfire, as long as the fire is attended at all times and is completely  smothered with no visible flame, smoke or emissions if the area is to be left unattended. The person or persons responsible for the recreational fire shall ensure compliance with any applicable open burning rules adopted by the FFS .

(12)(11) Open Burning Exceptions. The Director of the FFS  is authorized to grant exceptions in furtherance of public health, safety and welfare, to the open burning rules within Chapter 5I-2, F.A.C., in the event of an emergency that would require the destruction of vegetative debris or animal carcasses in the most expeditious means possible. Examples would include the burning of vegetative matter or animal carcasses resulting from an insect or disease infestation, or resulting from storm damage e.g., hurricanes or tornados.

Rulemaking Authority 570.07(23), (28), 590.125(3)(e), 590.125(3)(f) FS. Law Implemented 570.07(28), 570.548, 590.02(1)(b), 590.02(1)(i), 590.125(2), (3) FS. History–New 7-1-71, Formerly 17-5, Amended 7-1-75, Formerly 5I-2.06, Amended 1-9-91, 9-8-93, 8-16-95, 10-18-99, 10-31-05, 12-16-08,_________.