Arkansas Administrative Code
Agency 209 - Arkansas Agriculture Department
Rule 209.00.23-001 - Prescribed Burning Rule
Universal Citation: AR Admin Rules 209.00.23-001
Current through Register Vol. 49, No. 9, September, 2024
I. Eligibility for Qualification.
A. Initial
Eligibility. Applicants may obtain qualification by satisfying the following
requirements:
1. Attend the qualified
prescribed burning training course provided by the Arkansas Department of
Agriculture (Department), or the Arkansas Game and Fish Commission (AGFC), or
their designees; and
2. Obtain a
passing score on the qualified prescribed burning examination administered by
the Department, the AGFC, or their designees.
B. Alternative Qualification methods.
Applicants may obtain qualification through the following alternative methods:
1. Upon submission to the Department of proof
of qualification or approval by another jurisdiction, applicants may be
certified by the Department without further testing or training if the
applicant's training and experience is substantially similar to experience and
education required for qualification.
2. Upon submission to the Department proof of
National Wildfire Coordinating Group training, the Department will consider
whether the applicant's training and experience is substantially similar to
experience and education required for qualification; and accept the applicant's
training and experience in lieu of experience or education required for
qualification if the Department determines the training and experience is a
satisfactory substitute.
3.
Individuals having completed the AGFC Learn to Burn I and II programs prior to
the adoption of these rules shall be qualified once they have completed a
supplemental training to be provided by the Department and the AGFC.
4. Completion of the Arkansas Prescribed Fire
as a Management Tool Workshop shall be accepted as qualifications to become a
Qualified Prescribed Burner.
II. Training courses.
A. The Department, and the AGFC, or their
designees will periodically provide the training required to become a qualified
prescribed burner.
B. The training
course will be designed and agreed upon by the Department and the
AGFC.
III. Maintaining Qualification
A. To maintain qualification, a
qualified prescribed burner must:
1. Be in
charge on site of at least one prescribed burn; and
2. Attend a refresher training every three
years.
IV. Revocation of Qualification
A. Prescribed
burner qualification may be revoked for:
1.
Pleading guilty, entering a plea of nolo contendere, or being found guilty of a
fire related crime, either misdemeanor or felony, based on the actions of the
burner; or
2. A finding of
negligence in a civil precoding as set forth in
15-30-104, on more than one
occasion.
V. Review Committee
A. The Review Committee
shall:
1. Review other states' requirements
and determine if they satisfy the requirements to be recognized as a Qualified
Prescribed Burner in the state;
2.
Develop the qualified prescribed burner training course to be taught by both
the Department and the AGFC.
3.
Develop any other training described above; and
4. Be chaired by the person who serves as the
Assistant State Forester for Protection of the Department of Agriculture's
Forestry Division.
B.
The Secretary of Agriculture and the Director of the AGFC, or their designees,
shall each appoint two people to serve on the committee who are qualified
prescribed burners.
VI. 100 Acre Tract Criteria
A. Non-qualified
prescribed burners may burn one 100 acre (or less) forested tract per day under
the guidance of a properly developed prescribed burn plan in accordance with
Act 695.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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