Or. Admin. Code § 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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