Fla. Admin. Code Ann. R. 5I-2.006 - Open Burning Allowed

(1) Open Burning in General. Authorization must be obtained from the Florida Forest Service (FFS) for burns relating to agriculture, silviculture and pile burning. Daytime authorizations for these types of burning are issued on the day of the burn or after 4:00 p.m. of the previous day and ignition of the burn will start at 8:00 a.m. (Central Time) or 9:00 a.m. (Eastern Time) on the day stated in the FFS authorization unless approval is given by the FFS District or Center Manager or their designee to begin the burn earlier. The FFS will set special requirements for all types of authorizations, (certified or non-certified), in order to protect public health and safety, including; on site inspections, restricting wind direction, limiting the burning period, within each day or to a specific number of days for those types of authorizations that allow for multiple burning days, halt or limit burning when fire danger is too high in all, or specific parts of the state, and requiring specific personnel e.g., Certified Burners and containment equipment on site. Any authorized burn that goes out of compliance, but has not escaped the authorized area will be allowed a maximum of two hours to be brought into compliance by the person responsible. In the event that the FFS determines that there is a threat to life, public safety or property, immediate suppression action will be taken by the FFS.

(2) Open Burning for Certified Prescribed Burn Managers. All burning conducted under this section is related to broadcast burning for the purposes of: Silviculture, Wildlife Management, Ecological Maintenance and Restoration, and Agriculture. 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 and directly supervises the certified prescribed burn until the burn is completed, after which the Certified Prescribed Burn Manager is not required to be present.

(a) Prescription. A prescription for the burn must be completed prior to any ignition and a paper copy must be on site and available for inspection by a Department representative. The prescription will contain, as a minimum, the following:

1. Stand or Site Description;

2. Map of the area to be burned;

3. Fire Breaks (External and Internal) to be Constructed or Re-Worked (Map);

4. Minimum number of personnel and equipment types to be used on the prescribed burn;

5. 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;

6. Desired fire behavior factors, such as type of burn technique, flame length, and rate of spread;

7. The time and date the prescription was prepared;

8. The authorization date and the time period of the authorization;

9. An evaluation and approval of the anticipated impact of the proposed burn on related smoke sensitive areas;

10. The signature and number of the Certified Prescribed Burn Manager.

(b) Open Burning Hours.

1. Daytime Certified Prescribed Burn Manager Authorizations will be issued for the burning to be completed two hours after sunset.

2. Nighttime Certified Prescribed Burn Manager Authorizations will be issued with a Dispersion Index of 6 or above, for the burning to be conducted between one hour before sunset and must be completed by 8:00 a.m. (CT) or 9:00 a.m. (ET) the following day. Ignition of these fires is authorized up to midnight, however the fire can continue to spread into unburned fuels until 8:00 a.m. (CT) or 9:00 a.m. (ET) the following day. If additional time is required a new authorization (daytime) must be obtained from the FFS. The FFS will issue authorizations at other times, in designated areas, when the FFS has determined that atmospheric conditions in the vicinity of the burn will allow good dispersement of emissions, and the resulting smoke from the burn will not adversely impact smoke sensitive areas, e.g., highways, hospitals and airports.

(c) A new prescription or authorization is not required for smoldering that occurs within the authorized burn area unless new ignitions are conducted by the Certified Prescribed Burn Manager.

(d) Monitoring the smoldering activity of a certified prescribed burn does not require a prescription or an additional authorization even if flames begin to spread within the authorized burn area due to ongoing smoldering.

(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.

(f) Certification Renewal. A Certified Prescribed Burn Manager must satisfy the following requirements in order to retain certification.

1. Participation in a minimum of eight hours of FFS approved training every five years relating to the subject of prescribed fire, or participation in a FFS recognized Fire Council Meeting; and

2. The Certified Prescribed Burn Manager has submitted their certification number for two completed prescribed burns in the preceding five (5) years; or

3. Participation in five (5) burns and have this documented and verified in writing to the Forest Protection Bureau's Prescribed Fire Manager of the FFS by a current Certified Prescribed Burn Manager; or

4. Retaking the Florida Certified Prescribed Burn Manager Training Course in either format.

(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 3.0, July 31, 2014, which is hereby adopted and incorporated by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04586. A decertified Burn Manager must complete the Burn Manager Certification process outlined in paragraph 5I-2.006(2)(c), F.A.C., in order to be recertified.

(3) Open Burning Non-Certified Broadcast Burners. All burning conducted under this section is related to broadcast burning of acreage not conducted as a certified prescribed burn.

(a) Daytime Non-Certified Authorizations must be completed by one hour before sunset.

(b) Nighttime Non-Certified Broadcast Authorizations will be issued with a Dispersion Index of 8 or above, for the burning to be conducted between one hour before sunset and 8:00 a.m. (CT) or 9:00 a.m. (ET) the following morning. Ignition of these fires is authorized up to midnight (CT) or (ET), specific to the time zone where the fire is located; however the fire must be completed by 8:00 a.m. (CT) or 9:00 a.m. (ET) the following day. If additional time is required, a new daytime authorization must be obtained from the FFS.

(c) A new authorization is not required for smoldering that occurs within the authorized burn area unless new ignitions are conducted by the person named responsible in the burn authorization or a designee; and

(d) Monitoring the smoldering activity of a burn does not require an additional authorization even if flames begin to spread within the authorized burn area due to ongoing smoldering.

(4) Pile Burning General. The size and number of piles shall be dictated by the materials to be burned and the time available for burning. All pile burning must adhere to the following:

(a) The moisture content and composition of the materials to be burned shall be favorable to good burning which will minimize emissions. The amount of dirt in the piles or rows shall be minimized to enhance combustion and reduce emissions; and

(b) The pile or windrow burning must be set back one hundred (100') feet from any paved public roadway and the prevailing winds will direct the smoke away from any occupied buildings (other than the landowners) or roads. Pile burning for paved public road maintenance and widening is exempt from the 100 foot set back as long as the visibility on the roadway is not reduced to less than 1, 000' feet; and

(c) The pile burning is attended at all times; and

(d) The pile burning must meet one of the following setback requirements:

1. Residential, and Agricultural/Silvicultural pile burning must be set back three hundred (300') feet or more away from any occupied building other than that of the landowner and fifty (50') feet from any wildlands, brush or combustible structure.

2. Non-Residential pile burning without an Air Curtain Incinerator must be set back one thousand (1, 000') feet or more away from any occupied building and one hundred (100') feet from any wildlands, brush or combustible structure.

(e) Exception to Setbacks - An exception to the setbacks in subparagraphs 5I-2.006(4)(d) 1. and 2., F.A.C., will be granted if all of the affected parties agree in writing to allow the burn to take place.

(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) Tree Cutting Debris Burning. Open burning to dispose of tree cutting debris shall be conducted using a DEP permitted air curtain incinerator. Open burning to dispose of tree cutting debris without use of a permitted air curtain incinerator is allowed provided:

(a) The tree cutting debris was generated on residential premises of not more than two family units; and

(b) The open burning is restricted to the site where the tree cutting debris was generated; and

(c) The open burning is conducted in accordance with all provisions applicable to pile burning as set forth by the FFS at paragraphs 5I-2.006(4)(a), (b), (c), subparagraph (d)1. and paragraph (e), F.A.C.; and

(d) The open burning is not prohibited by any local, county, or municipal rule or ordinance or the open burning is conducted in accordance with any such rule or ordinance to the extent that such rule or ordinance is stricter than the provisions of this subsection.

(6) Air Curtain Incinerator Burning. The use of an Air Curtain Incinerator is allowed for the combustion of land clearing debris, provided the incinerator has a DEP air permit or has been specifically exempted from air permitting by the DEP. If an air curtain incinerator has been exempted from air permitting by the DEP, prior authorization to use the incinerator must be obtained from the FFS. Operation of an exempt air curtain incinerator shall be authorized provided that open burning would otherwise be allowed under this chapter and the following conditions are met:

(a) Only kerosene, diesel fuel, drip torch fuel, clean dry wood or lightered pine, virgin oil, natural gas or liquefied petroleum gas may be used to start the fire in the incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited.

(b) An air curtain incinerator must be located at least 300 feet from any occupied building and 50' feet from any wildlands, brush, combustible structure, or paved public roadway.

(c) Incinerators equipped with refractory-lined walls, shall begin charging no earlier than sunrise and must complete burning no later than one hour after sunset.

(d) Incinerators not equipped with refractory lined walls must complete burning no later than one hour after sunset.

(e) Regardless of the air curtain incinerator type, after charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained on site, and available upon request, that documents daily beginning and ending times of charging.

(f) If the air curtain incinerator employs an earthen trench, the pit walls (width and length), shall be vertical, and maintained so that the combustion of the waste within the pit will be maintained at an adequate temperature and with sufficient air re-circulation to provide enough residence time and mixing for proper combustion and control of emissions. Pit width shall not exceed twelve (12') feet.

(g) The waste material shall not be loaded into the air curtain incinerator such that it protrudes above the level of the air curtain in the pit.

(h) Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than 1/3 the pit depth or to the point where the ash begins to impede combustion, whichever occurs first.

(i) Excessive visible emissions are not allowed except for a period of up to 30 minutes during start ups.

(j) The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator.

(k) Exceptions to the setback requirements from occupied buildings shall be granted by the FFS when the applicant obtains a signed written statement from every affected resident within the setback area that waives their objections to the open burning associated with the land clearing operation and presents the statement to the FFS 48 hours in advance of the burning.

(l) If the owner or operator of the air curtain incinerator, by lease or other means, grants authority to operate the incinerator to a person not in the employ of the owner, the owner shall provide such person with a copy of this rule section's requirements.

(7) Off Site Burning. Any open burning of land clearing debris that is allowed by this chapter is restricted to the site where the material was generated and such material shall not be transported to another property to be burned, unless the land clearing debris has been generated by the person, or their agent, who owns or leases the property where it was generated and to where it is transported, and operates an air curtain incinerator in compliance with all applicable paragraphs of subsection 5I-2.006(6), F.A.C.

(8) Open Burning for Certified Pile Burners. All burning conducted under this section is related to pile burning in Florida regardless of the purpose. The FFS will issue multiple day authorizations up to three days when the Fire Readiness Level has been set to 1 or 2. Certified Pile Burners 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. 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 a paper copy must be on site and available for inspection by a Department representative. The plan will contain, as a minimum, 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) Open Burning Hours. Certified Pile Burner's authorized burns must be completed by one hour after sunset, if the fire is in or impacting a smoke sensitive area its completion time is one hour before sunset.

(c) Pile Burner Certification Process. Certification to become a Certified Pile Burner is accomplished by:

1. Satisfactory completion of the FFS Certified Pile Burner Course, and

2. Applicants must submit a completed plan for a proposed certifying burn to their local FFS office within one year of completing the classroom training and prior to the certifying burn for review and approval. After the plan has been approved the burn described in that plan must be reviewed by the Florida Forest Service during the burn operation. The local FFS District Manager, or their designee, will recommend Florida Forest Service Pile Burner certification to the Forest Protection Bureau upon satisfactory completion of both the plan and the review of the actual burn.

3. In order to continue to hold the Florida Forest Service Pile Burner Certification the burner must comply with paragraph 5I-2.006(8)(d), F.A.C. or FFS Certification will terminate five years from the date of issue.

(d) Certification Renewal. A Certified Pile Burner must satisfy the following requirements in order to retain certification:

1. The Certified Pile Burner has submitted his or her certification number for five completed pile burns in the preceding five (5) years; or

2. He or she must retake the Pile Burner Certification Training Course.

(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 3.0, July 31, 2014, which is hereby adopted and incorporated by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04585. 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 (FFS) program that includes both certified and non-certified pile burners. In order to participate in this program a burner must submit a Citrus Spot Burner Application, FDACS-11622, Rev. 08/14, which is hereby adopted and incorporated by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04587, 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 that is listed on the application must complete Citrus Spot Burning Training prior to conducting the burn. This four-hour training is offered annually by the participating FFS Centers or District Offices and will review proper management of smoke from their citrus spot burns, as well as section 590.125(2), F.S. and rule 5I-2.006, F.A.C. Citrus spot burns are required to have a setback of at least 400' feet from combustible vegetation (brush or wildlands).

(10) 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) 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) 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.

Notes

Fla. Admin. Code Ann. R. 5I-2.006

Rulemaking Authority 570.07(23), (28), 590.02(1)(f), 590.125(3)(e), 590.125(4)(d) FS. Law Implemented 570.07(28), 570.548, 590.02(1)(b), (1)(i), 590.125(2), (3) FS.

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, Amended by Florida Register Volume 40, Number 195, October 7, 2014 effective 10/19/2014.

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, 10-19-14.