Or. Admin. R. 340-264-0040 - Exemptions, Statewide
Except for the provisions contained in OAR 340-264-0050 and 340-264-0060, this division does not apply to:
(1)
Recreational fires and ceremonial fires, for which a fire is appropriate.
(2) Barbecue equipment used in
connection with any residence.
(3)
Fires set or permitted by any public agency when such fire is set or permitted
in the performance of its official duty for the purpose of weed abatement,
prevention or elimination of a fire hazard, or a hazard to public health or
safety, or for instruction of employees in the methods of fire fighting, which
in the opinion of the public agency is necessary. Every effort will be made by
the public agency to conduct this burning during good smoke dispersal
conditions and specifically avoiding periods during Air Pollution Advisories.
The agency will adjust its schedule for setting such fires for better smoke
dispersal if necessary. Open burning fires otherwise exempt from the
requirements of this division are still subject to the requirements and
prohibitions of local jurisdictions and the State Fire Marshall.
(4) Agricultural open burning pursuant to ORS
468A.020. Agricultural open burning is still subject to the requirements and
prohibitions of local jurisdictions and the State Fire Marshal.
(5) Open field burning, propane flaming, and
stack and pile burning in the Willamette Valley between the crests of the
Cascade and Coast Ranges pursuant to OAR 340 division 266, Rules for Field
Burning.
(6) Slash burning on
forest land or within one-eighth mile of forest land permitted under the Oregon
Smoke Management Program regulated by the Department of Forestry pursuant to
ORS 477.515.
(7) Fires set
pursuant to permit for the purpose of instruction of employees of private
industrial concerns in methods of fire fighting, or for civil defense
instruction.
(8) Fires set for the
purpose of disposal of dry tumbleweed plants, typically Russian Thistle and
Tumbleweed Mustard plants, that have been broken off, and rolled about, by the
wind.
(9) Agricultural burning for
disease or pest control when the fire is set or authorized in writing by the
Department of Agriculture.
(10)
When caused by an authorized representative of the Department of Agriculture,
open burning of carcasses of animals that have died or been destroyed because
of an animal disease emergency.
NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Notes
Stat. Auth.: ORS 468.020, 468A.025, 468A.575 & 468A.595
Stats. Implemented: ORS 468A.025, 468A.555 - 468A.620, 477.515 & 477.520
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