4 Tex. Admin. Code § 227.4 - Maintenance of Prescribed Burn Records

(a) A certified and insured prescribed burn manager must maintain the following records:

(1) a current certificate for all insurance maintained by the certified and insured prescribed burn manager that meets the requirements of § RSA 153.082 of the Natural Resources Code and § RSA 227.1 of this title (relating to Minimum Insurance Requirements), together with a complete copy of any applicable policy or policies, along with all endorsements, exclusions or limitations issued with respect to such policy or policies;

(2) the current certificate reflecting status as a certified and insured prescribed burn manager;

(3) certificates of completion for all approved CFT activities completed during the current certification period, on a form provided by the CFT sponsor; and

(4) documentation of all burn experience, including any training not applicable toward CFT credit, obtained during the current certification period.

(b) A certified and insured prescribed burn manager must also maintain a prescribed burn file for each prescribed burn conducted.

(1) For each prescribed burn, the prescribed burn file must include:

(A) the written burn plan for the prescribed burn;

(B) documentation of notice to adjacent landowners and TCEQ, if required by § RSA 153.047(4) of the Natural Resources Code and § RSA 228.2 of this title (relating to Notification Requirements Prior to Prescribed Burns);

(C) documentation of notice to the county sheriff's department and local fire authorities, if any, as recommended by § RSA 228.2 of this title;

(D) documentation of notice to the Texas A&M Forest Service, prior to burning for forest management purposes, if applicable, as required by Title 30, Part 1, Chapter 111, Subchapter B, §111.219 of the Texas Administrative Code (relating to General Requirements for Allowable Outdoor Burning); and

(E) documentation of notice to TCEQ regarding coastal salt-marsh burning, if required by, as required by Title 30, Part 1, Chapter 111, Subchapter B, §111.211 of the Texas Administrative Code (relating to Exception for Prescribed Burn).

(2) For prescribed burns conducted during a burn ban, the prescribed burn file must also include:

(A) notices required by § RSA 228.4 of this title (relating to Conducting Burns During a County Burn Ban); and

(B) a completed burn checklist for the prescribed burn conducted when a county burn ban is in effect.

(c) The records required by subsections (a) and (b) of this section shall be made available to the Department for inspection at the location of such records upon reasonable notice by the Department.

(d) Records required by subsections (a) and (b) of this section shall be kept for the longer of five years from the date of original issuance, or for so long as any complaint, litigation, or Department investigation is pending against the certified and insured prescribed burn manager.

Notes

4 Tex. Admin. Code § 227.4

The provisions of this §227.4 adopted to be effective March 30, 2014, 39 TexReg 2279