Fla. Admin. Code Ann. R. 62-256.700 - Open Burning Allowed
(1)
Open Burning of Yard Waste.
(a) Open burning
of yard waste is allowed provided:
1. The yard
waste was generated on residential premises of not more than two family units,
2. The open burning is conducted
on the premises where the material was generated,
3. The fire is ignited after 8:00 a.m.
Central time or 9:00 a.m. Eastern time and extinguished no later than one hour
before sunset, provided however that no burning shall be conducted during windy
conditions,
4. The fire is enclosed
in a noncombustible container or is restricted to a pile no greater than eight
feet in diameter built upon ground cleared of all combustible
material,
5. The fire is set back
at least 25 feet from any wildlands, brush, or combustible structure, 50 feet
from any paved public roadway, and 150 feet from any occupied building other
than that owned or leased by the individual doing the burning,
6. The fire is attended and adequate fire
extinguishing equipment is readily available at all times; and,
7. The moisture content and composition of
material to be burned is favorable to good burning which will minimize
smoke.
(b) Except as
provided above and at subsections
62-256.700(8) and
(9), F.A.C., any other open burning of yard
waste is allowed only if such burning is conducted using a Department-permitted
air curtain incinerator operated in compliance with the provisions of Rule
62-296.401, F.A.C., and any
other terms of the unit's air permit.
(2) Open Burning of Tree Cutting Debris.
(a) Open burning of tree cutting debris is
allowed provided:
1. The tree cutting debris
was generated on residential premises of not more than two family
units,
2. The open burning is
restricted to the site where the tree cutting debris was generated,
3. The fire is ignited after 8:00 a.m.
Central time or 9:00 a.m. Eastern Time) and shall have no visible flame one
hour before sunset or anytime thereafter, except in smoke sensitive areas as
determined by the Florida Forest Service, where the fire must be extinguished
no later than one hour before sunset,
4. The fire is attended, and adequate fire
extinguishing equipment is readily available at all times,
5. The moisture content and composition of
material to be burned is favorable to good burning which will minimize smoke;
and,
6. Prior to conducting the
open burning, the person responsible for the burn contacts the Florida Forest
Service regarding the planned burning activity.
(b) Except as provided above and at
subsections 62-256.700(8) and
(9), F.A.C., any other open burning of tree
cutting debris shall be conducted using a Department-permitted air curtain
incinerator operated in compliance with the provisions of Rule
62-296.401, F.A.C., and any
other terms of the unit's air permit.
(3) Open Burning of Land Clearing Debris.
(a) Open burning of land clearing debris is
allowed provided:
1. The open burning is
restricted to the site where the land clearing debris was generated,
2. The fire is ignited after 8:00 a.m.
Central time or 9:00 a.m. (Eastern Time) and shall have no visible flame one
hour before sunset or anytime thereafter, except in smoke sensitive areas as
determined by the Florida Forest Service, where the fire must be extinguished
no later than one hour before sunset,
3. The fire is attended, and adequate fire
extinguishing equipment is readily available at all times,
4. The moisture content and composition of
material to be burned is favorable to good burning which will minimize smoke;
and,
5. Prior to conducting the
open burning, the person responsible for the burn contacts the Florida Forest
Service regarding the planned burning activity.
(b) Except as provided above, any other open
burning of land clearing debris shall be conducted using an air curtain
incinerator operated in compliance with the terms of the exemption from air
permitting at Rule 62-210.300, F.A.C., if such
exemption applies, or if such exemption does not apply, in compliance with the
provisions of Rule 62-296.401, F.A.C., and any
other terms of the unit's air permit.
(4) Open Burning for the Training of
Firefighters.
(a) Except as provided at
paragraph 62-256.700(4)(b),
F.A.C., open burning is allowed for the instruction and training of organized
firefighters or industrial employees under the supervision of the appropriate
public fire control official provided that all such burning is conducted at a
fire training center certified by the Department of Financial Services,
Division of State Fire Marshal, and does not involve the burning of any
asbestos-containing materials, mercury-containing devices, or hazardous
waste.
(b) A structure not on the
premises of a certified fire training center may be burned for the instruction
and training of organized firefighters provided the following conditions are
met.
1. The burning activities shall be
conducted under the auspices of a certified training center or by an organized
fire department recognized by the Division of State Fire Marshal. Said
activities shall be supervised by a fire training instructor certified by the
Division of State Fire Marshal,
2.
The burning shall be conducted in accordance with the National Fire Protection
Association document, "Standard on Live Fire Training Evolutions, 2002 Edition
(NFPA 1403), " hereby adopted and incorporated by reference, and available from
the National Fire Protection Association, P.O. Box 9101, Quincy, MA
02269-9101,
3. The burning of the
structure and disposal of the waste products shall be conducted in compliance
with all applicable provisions of 40 C.F.R. Part 61, Subpart M, National
Emission Standard for Asbestos, adopted and incorporated by reference at Rule
62-204.800, F.A.C.,
4. Prior to the structure being burned, all
hazardous waste, mercury-containing devices, and vinyl siding shall be removed;
and,
5. The Florida Forest Service
and the Department shall be notified at least 10 business days in advance of
the time and place of the burning exercise.
(5) Open Burning of Waste Pesticide
Containers. Subject to all of the following conditions, waste pesticide
containers may be burned in open fields by the owner of the crops, the owner's
authorized employee or caretaker, or by commercial pesticide applicators hired
by the owner or caretaker.
(a) Plastic
containers must be the original container provided by the pesticide
manufacturer or formulator as end user conveyance for the specific product, and
not reused containers designed for other products.
(b) Containers must be classified as Group I
Containers and bear label instructions stating that small quantities of the
containers may be burned in open fields by the user of the pesticide when such
open burning is permitted by State and local regulations.
(c) The quantity of containers to be burned
each day per parcel treated shall not exceed the amount accumulated during one
day's use of pesticide. No more than 500 pounds of pesticide containers shall
be burned per day at any specific location. If more than one fire is to be set
in any area each specific burning location shall be at least 1, 000 yards from
each other location at which burning will occur concurrently.
(d) All Group I Containers which are to be
disposed by open burning shall be completely empty and free of residual
material pursuant to the following criteria:
1. Plastic containers including inner liners
shall be triple rinsed with the same kind of solvent used to dilute the spray
mixture in the field. The rinse liquids from the containers shall be added to
the spray mixture in the field.
2.
Paper containers shall be emptied by a final shaking and tapping of the sides
and bottom to remove clinging particles. All loosened particles shall be added
to the spray mixture or application in the field.
(e) The open burning shall meet the following
conditions:
1. The open burning is two hundred
feet or more away from any farm workers or occupied buildings and is one
hundred feet or more away from any public road.
2. The fire is ignited after 9:00 a.m. and is
extinguished one hour before sunset of the same day.
3. The person responsible for the burning is
in attendance at an upwind location from the fire for the entire period of the
burn (until all flame and smoke have dissipated).
4. The open burning is enclosed in a
noncombustible container or ground excavation covered by a metal
grill.
(6) Open
Burning of Animal Carcasses. Open burning of animal carcasses is allowed
provided:
(a) The Department of Agriculture
and Consumer Services has determined that the need for destruction of such
carcasses constitutes an emergency requiring the use of open burning; and,
(b) Such burning is conducted
using an air curtain incinerator operated in compliance with the terms of the
exemption from air permitting at Rule
62-210.300, F.A.C., if such
exemption applies, or if such exemption does not apply, in compliance with the
provisions of Rule 62-296.401, F.A.C., and any
other terms of the unit's air permit.
(7) Open Burning Related to Agricultural
Operations.
(a) Open burning of the following
materials used in agricultural operations related to the growing, harvesting or
maintenance of crops is allowed provided such burning is conducted in
accordance with the provisions of Section
403.707(2)(e),
F.S.
1. Polyethylene agricultural
plastic,
2. Damaged,
nonsalvageable, untreated wood pallets; and,
3. Packing material that cannot feasibly be
recycled.
(b)
Agricultural burning conducted under the authority of the Department of
Agriculture and Consumer Services is not regulated under this
chapter.
(8) Open Burning
of Storm-Generated Debris. Open burning of storm-generated debris consisting
only of vegetative debris and untreated wood is allowed provided:
(a) The open burning is conducted by or under
the authority of the municipal or county government responsible for clean-up
activities following a storm;
(b)
Such burning is conducted using an air curtain incinerator operated in
compliance with the terms of the exemption from air permitting at Rule
62-210.300, F.A.C., if such
exemption applies, or if such exemption does not apply, in compliance with the
provisions of Rule 62-296.401, F.A.C., and any
other terms of the unit's air permit; or such burning is pile burning conducted
under the authority of the Florida Forest Service; and,
(c) By no later than 10 days after the start
of the open burning, the local government or its agent provides a written
notice to the Department describing the general nature of the materials being
burned, the location of the burning activity, the method of burning being used,
and the name, address, and telephone number of the local government
representative to contact regarding the burning activity.
(9) Open Burning of Insect or
Disease-Infested Vegetation. Open burning of insect or disease-infested
vegetation is allowed provided:
(a) The
Director of the Florida Forest Service has determined that the need for
destruction of such vegetation constitutes an emergency requiring the use of
open burning; and,
(b) Such burning
is conducted using an air curtain incinerator operated in compliance with the
terms of the exemption from air permitting at Rule
62-210.300, F.A.C., if such
exemption applies, or if such exemption does not apply, in compliance with the
provisions of Rule 62-296.401, F.A.C., and any
other terms of the unit's air permit; or such burning is pile burning conducted
under the authority of the Florida Forest Service.
(10) Recreational Open Burning. Nothing in
this chapter shall be construed to prohibit the open burning of vegetative
debris and untreated wood in a campfire, ceremonial bonfire, outdoor fireplace,
or other contained outdoor heating or cooking device, or on cold days for
warming of outdoor workers.
Notes
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.707 FS.
New 7-1-71, Amended 1-11-82, 10-10-82, 7-30-85, Formerly 17-5.09, Amended 10-20-86, 8-26-87, 11-23-88, Formerly 17-5.090, 17-256.700, Amended 11-30-94, 7-6-05, 10-6-08.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Open Burning of Yard Waste.
(a) Open burning of yard waste is allowed provided:
1. The yard waste was generated on residential premises of not more than two family units,
2. The open burning is conducted on the premises where the material was generated,
3. The fire is ignited after 8:00 a.m. Central time or 9:00 a.m. Eastern time and extinguished no later than one hour before sunset, provided however that no burning shall be conducted during windy conditions,
4. The fire is enclosed in a noncombustible container or is restricted to a pile no greater than eight feet in diameter built upon ground cleared of all combustible material,
5. The fire is set back at least 25 feet from any wildlands, brush, or combustible structure, 50 feet from any paved public roadway, and 150 feet from any occupied building other than that owned or leased by the individual doing the burning,
6. The fire is attended and adequate fire extinguishing equipment is readily available at all times; and,
7. The moisture content and composition of material to be burned is favorable to good burning which will minimize smoke.
(b) Except as provided above and at subsections 62-256.700(8) and (9), F.A.C., any other open burning of yard waste is allowed only if such burning is conducted using a Department-permitted air curtain incinerator operated in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit's air permit.
(2) Open Burning of Tree Cutting Debris.
(a) Open burning of tree cutting debris is allowed provided:
1. The tree cutting debris was generated on residential premises of not more than two family units,
2. The open burning is restricted to the site where the tree cutting debris was generated,
3. The fire is ignited after 8:00 a.m. Central time or 9:00 a.m. Eastern Time) and shall have no visible flame one hour before sunset or anytime thereafter, except in smoke sensitive areas as determined by the Florida Forest Service, where the fire must be extinguished no later than one hour before sunset,
4. The fire is attended, and adequate fire extinguishing equipment is readily available at all times,
5. The moisture content and composition of material to be burned is favorable to good burning which will minimize smoke; and,
6. Prior to conducting the open burning, the person responsible for the burn contacts the Florida Forest Service regarding the planned burning activity.
(b) Except as provided above and at subsections 62-256.700(8) and (9), F.A.C., any other open burning of tree cutting debris shall be conducted using a Department-permitted air curtain incinerator operated in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit's air permit.
(3) Open Burning of Land Clearing Debris.
(a) Open burning of land clearing debris is allowed provided:
1. The open burning is restricted to the site where the land clearing debris was generated,
2. The fire is ignited after 8:00 a.m. Central time or 9:00 a.m. (Eastern Time) and shall have no visible flame one hour before sunset or anytime thereafter, except in smoke sensitive areas as determined by the Florida Forest Service, where the fire must be extinguished no later than one hour before sunset,
3. The fire is attended, and adequate fire extinguishing equipment is readily available at all times,
4. The moisture content and composition of material to be burned is favorable to good burning which will minimize smoke; and,
5. Prior to conducting the open burning, the person responsible for the burn contacts the Florida Forest Service regarding the planned burning activity.
(b) Except as provided above, any other open burning of land clearing debris shall be conducted using an air curtain incinerator operated in compliance with the terms of the exemption from air permitting at Rule 62-210.300, F.A.C., if such exemption applies, or if such exemption does not apply, in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit's air permit.
(4) Open Burning for the Training of Firefighters.
(a) Except as provided at paragraph 62-256.700(4)(b), F.A.C., open burning is allowed for the instruction and training of organized firefighters or industrial employees under the supervision of the appropriate public fire control official provided that all such burning is conducted at a fire training center certified by the Department of Financial Services, Division of State Fire Marshal, and does not involve the burning of any asbestos-containing materials, mercury-containing devices, or hazardous waste.
(b) A structure not on the premises of a certified fire training center may be burned for the instruction and training of organized firefighters provided the following conditions are met.
1. The burning activities shall be conducted under the auspices of a certified training center or by an organized fire department recognized by the Division of State Fire Marshal. Said activities shall be supervised by a fire training instructor certified by the Division of State Fire Marshal,
2. The burning shall be conducted in accordance with the National Fire Protection Association document, "Standard on Live Fire Training Evolutions, 2002 Edition (NFPA 1403), " hereby adopted and incorporated by reference, and available from the National Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101,
3. The burning of the structure and disposal of the waste products shall be conducted in compliance with all applicable provisions of 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, adopted and incorporated by reference at Rule 62-204.800, F.A.C.,
4. Prior to the structure being burned, all hazardous waste, mercury-containing devices, and vinyl siding shall be removed; and,
5. The Florida Forest Service and the Department shall be notified at least 10 business days in advance of the time and place of the burning exercise.
(5) Open Burning of Waste Pesticide Containers. Subject to all of the following conditions, waste pesticide containers may be burned in open fields by the owner of the crops, the owner's authorized employee or caretaker, or by commercial pesticide applicators hired by the owner or caretaker.
(a) Plastic containers must be the original container provided by the pesticide manufacturer or formulator as end user conveyance for the specific product, and not reused containers designed for other products.
(b) Containers must be classified as Group I Containers and bear label instructions stating that small quantities of the containers may be burned in open fields by the user of the pesticide when such open burning is permitted by State and local regulations.
(c) The quantity of containers to be burned each day per parcel treated shall not exceed the amount accumulated during one day's use of pesticide. No more than 500 pounds of pesticide containers shall be burned per day at any specific location. If more than one fire is to be set in any area each specific burning location shall be at least 1, 000 yards from each other location at which burning will occur concurrently.
(d) All Group I Containers which are to be disposed by open burning shall be completely empty and free of residual material pursuant to the following criteria:
1. Plastic containers including inner liners shall be triple rinsed with the same kind of solvent used to dilute the spray mixture in the field. The rinse liquids from the containers shall be added to the spray mixture in the field.
2. Paper containers shall be emptied by a final shaking and tapping of the sides and bottom to remove clinging particles. All loosened particles shall be added to the spray mixture or application in the field.
(e) The open burning shall meet the following conditions:
1. The open burning is two hundred feet or more away from any farm workers or occupied buildings and is one hundred feet or more away from any public road.
2. The fire is ignited after 9:00 a.m. and is extinguished one hour before sunset of the same day.
3. The person responsible for the burning is in attendance at an upwind location from the fire for the entire period of the burn (until all flame and smoke have dissipated).
4. The open burning is enclosed in a noncombustible container or ground excavation covered by a metal grill.
(6) Open Burning of Animal Carcasses. Open burning of animal carcasses is allowed provided:
(a) The Department of Agriculture and Consumer Services has determined that the need for destruction of such carcasses constitutes an emergency requiring the use of open burning; and,
(b) Such burning is conducted using an air curtain incinerator operated in compliance with the terms of the exemption from air permitting at Rule 62-210.300, F.A.C., if such exemption applies, or if such exemption does not apply, in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit's air permit.
(7) Open Burning Related to Agricultural Operations.
(a) Open burning of the following materials used in agricultural operations related to the growing, harvesting or maintenance of crops is allowed provided such burning is conducted in accordance with the provisions of Section 403.707(2)(e), F.S.
1. Polyethylene agricultural plastic,
2. Damaged, nonsalvageable, untreated wood pallets; and,
3. Packing material that cannot feasibly be recycled.
(b) Agricultural burning conducted under the authority of the Department of Agriculture and Consumer Services is not regulated under this chapter.
(8) Open Burning of Storm-Generated Debris. Open burning of storm-generated debris consisting only of vegetative debris and untreated wood is allowed provided:
(a) The open burning is conducted by or under the authority of the municipal or county government responsible for clean-up activities following a storm;
(b) Such burning is conducted using an air curtain incinerator operated in compliance with the terms of the exemption from air permitting at Rule 62-210.300, F.A.C., if such exemption applies, or if such exemption does not apply, in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit's air permit; or such burning is pile burning conducted under the authority of the Florida Forest Service; and,
(c) By no later than 10 days after the start of the open burning, the local government or its agent provides a written notice to the Department describing the general nature of the materials being burned, the location of the burning activity, the method of burning being used, and the name, address, and telephone number of the local government representative to contact regarding the burning activity.
(9) Open Burning of Insect or Disease-Infested Vegetation. Open burning of insect or disease-infested vegetation is allowed provided:
(a) The Director of the Florida Forest Service has determined that the need for destruction of such vegetation constitutes an emergency requiring the use of open burning; and,
(b) Such burning is conducted using an air curtain incinerator operated in compliance with the terms of the exemption from air permitting at Rule 62-210.300, F.A.C., if such exemption applies, or if such exemption does not apply, in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit's air permit; or such burning is pile burning conducted under the authority of the Florida Forest Service.
(10) Recreational Open Burning. Nothing in this chapter shall be construed to prohibit the open burning of vegetative debris and untreated wood in a campfire, ceremonial bonfire, outdoor fireplace, or other contained outdoor heating or cooking device, or on cold days for warming of outdoor workers.
Notes
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.707 FS.
New 7-1-71, Amended 1-11-82, 10-10-82, 7-30-85, Formerly 17-5.09, Amended 10-20-86, 8-26-87, 11-23-88, Formerly 17-5.090, 17-256.700, Amended 11-30-94, 7-6-05, 10-6-08.