Sec. 26.11.07.05. Open Fires Allowed Without Authorization of Control Officer or Public Officer

A. Except as provided in Regulation .03C of this chapter, in Allegany, Calvert, Caroline, Cecil, Charles, Dorchester, Garrett, Frederick, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worchester counties, open fires, in conformance with other governmental fire control ordinances and provided no nuisance or air pollution is created, are allowed without permission under Regulation .03 or .04 of this regulation as follows:

(1) In those areas where no provision is made for public collection of leaves, burning of leaves originating on the premises, by householders, is permitted, provided that leaves are not burned at locations closer than 200 feet (61 meters) from any neighboring habitable dwelling or place where people work or congregate;

(2) In those areas where no provision is made for public collection of refuse, burning of ordinary household trash originating on the premises, excluding commercial establishments, by householders is permitted provided that:

(a) Materials are not burned which create dense smoke (emissions of greater than 40 percent opacity), and

(b) Refuse may not be burned at locations closer than 200 feet (61 meters) from any neighboring habitable dwelling or place where people work or congregate;

(3) Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06;

(4) Fires set in the course of agricultural operations in growing crops or raising fowl or animals or in accepted forestry practice; this provision may not be construed as allowing the burning of ordinary household or barnyard trash in areas where provision is made for public collection of refuse;

(5) Recreational purposes, such as campfires;

(6) Oil or gas fired salamanders or similar devices designated specifically for space heating or warming outdoor workers, etc., provided no visible emissions are created;

(7) Warming fires for outdoor workers, provided smoke emissions are not darker in shade or appearance than those designated as greater than 40 percent opacity, and the fires are located no closer than 200 feet (61 meters) from any neighboring habitable building.

B. In Anne Arundel, Baltimore, Carroll, Harford, Howard, Montgomery, and Prince George's counties and Baltimore City and during the period from September 1 of any year through May 31 of the following year, open fires otherwise conforming to other governmental fire control ordinances, provided no nuisance or air pollution is created, are allowed without permission under Regulation .03 or .04 of this chapter as follows:

(1) In those areas where no provision is made for public collection of leaves, the open burning of leaves originating on the premises, by householders, is permitted, provided that no nuisance is created and that the fires are located no closer than 300 feet (91.4 meters) from any neighboring habitable dwelling or place where people work or congregate;

(2) In those areas where no provision is made for public collection of refuse, burning of ordinary household trash originating on the premises, excluding commercial establishments, by householders is permitted provided that:

(a) Materials are not burned which create dense smoke (emissions of greater than 40 percent opacity),

(b) The fires are located no closer than 300 feet (91.4 meters) from any neighboring habitable dwelling or place where people work or congregate;

(3) Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06;

(4) Recreational purposes, such as campfires;

(5) Oil or gas fired salamanders or similar devices designated specifically for space heating or warming of outdoor workers, etc., provided no visible emissions are created.