DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of ForestryRULE NO: RULE TITLE
5I-2.006: Open Burning AllowedNOTICE 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. 34, No. 31, August 1, 2008 issue of the Florida Administrative Weekly.
5I-2.006 Open Burning Allowed.
(1) No change.
(2) Open Burning for Certified Prescribed Burn Managers (CPBM). All burning conducted under this section is related to broadcast burning for the purposes of: Silviculture, Wildlife Management, Ecological Maintenance and Restoration, Range and Pasture Management. Open burning authorizations under this section require the Certified Prescribed Burn Manager’s certification number be presented at the time of the request, and that a Certified Prescribed Burn Manager be on site for the entire burn.
(a) Prescription. A prescription for the burn must be completed prior to any ignition and it must be on site and available for inspection by a Department representative. The prescription will contain, as a minimum, (unless the local Division of Forestry District or Center Manger and the burner agree that a particular item is not necessary and this has been documented in writing, agreed to in writing locally between the burner and the District or Center Manager of the Division of Forestry) the following:
1. Stand or Site Description;
2. Map of the area to be burned;
3. Number of personnel and equipment types to be used on the prescribed burn;
4. Desired weather factors, including but not limited to surface wind speed and direction, transport wind speed and direction, minimum mixing height, minimum relative humidity, maximum temperature, and the minimum fine fuel moisture;
5. Desired fire behavior factors, such as type of burn technique, flame length, and rate of spread;
6. The time and date the prescription was prepared;
7. The authorization date and the time period of the authorization;
8. An evaluation and approval of the anticipated impact of the proposed burn on related smoke sensitive areas;
9. The signature and number of the Certified Prescribed Burn Manager.
(b) through (d) No change.
(e) 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, September, 2008, which is hereby adopted and incorporated by reference and is available at: http://www.fl-dof.com/wildfire/wf_pdfs/CBMpoints.pdf. A decertified Burn Manger must complete the Burn Manager Certification process outlined in paragraph 5I-2.006(2)(c), F.A.C., in order to be recertified. The Commissioner of Agriculture will revoke any Certified Prescribed Burn Manager’s certification if they demonstrate that their practices and procedures repeatedly violated Florida law or agency rules or is a threat to public health, safety, or property. Recommendations for decertification by the Division of Forestry to the Commissioner of Agriculture will be based on the Certified Burner Violations – Point Assessment Table, effective July 1, 2003, which is hereby adopted and incorporated by reference and can be found located at: http://www.fl-dof.com/wildfire/wf_pdfs/CBMpoints.pdf.
(3) through (7) No change.
(8) Open Burning for Certified Pile Burners (CPB). All burning conducted under this section is related to pile burning in Florida regardless of the purpose. The Division of Forestry will issue multiple day authorizations up to three days when the Fire Readiness Level has been set to 1 or 2. CPB’s must comply with the hours of operation listed in paragraph 5I-2.006(8)(b), F.A.C. A three day authorization does not allow for burning past one hour after sunset each day. Authorizations for this type of burning are issued on the day of the burn or after 4:00 p.m. of the previous day. Open burning authorizations under this section require that the Certified Pile Burner certification number be presented at the time of the request, and that a Certified Pile Burner sign the startup log and shutdown log, indicating that the piles are properly setup and shut down, attached to the burn plan located at each site on a daily basis.
(a) Pile Burn Plan. A plan for the burn must be completed prior to any ignition and it must be on site and available for inspection by a Department representative. The plan will contain, as a minimum, unless the local Division of Forestry District or Center Manger and the burner agree that a particular item is not necessary and this has been documented in writing, the following:
1. Burn location;
2. Soil type and moisture;
3. Number of personnel and equipment types to be used on the pile burn;
4. Desired weather factors, including but not limited to surface wind speed and direction, minimum relative humidity, drought index, days since rain, maximum temperature, and the dispersion index;
5. Fuel type and condition (how long has it been drying);
6. The time and date the plan was prepared;
7. The authorization date and the time period of the authorization;
8. An evaluation and approval of the anticipated impact of the proposed burn on related smoke sensitive areas;
9. Adjacent landowners to notify;
10. Special precautions;
11. The signature and number of the Certified Pile Burner.
(b) 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, September, 2008, which is hereby adopted and incorporated by reference and is available at: http://www.fl-dof.com/wildfire/wf_pdfs/CBMpoints.pdf. 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. The Commissioner of Agriculture will revoke any Certified Pile Burner’s certification if it is demonstrated that their practices and procedures repeatedly violated Florida law or agency rules or is a threat to public health, safety, or property. Recommendations for decertification by the Division of Forestry to the Commissioner of Agriculture will be based on the Certified Pile Burner Violations – Point Assessment Table, July 1, 2008, which is hereby adopted and incorporated by reference and can be found at: http://www.fl-dof.com/wildfire/wf_pdfs/ CPBpoints.pdf.
(9) through (11) No change.
Specific Authority 570.07(23), (28), 590.125(3)(e) FS. Law Implemented 570.07(28), 570.548, 590.02(1)(b), 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, ________.
