Current through 2024-38, September 18, 2024
1.
Scope and Purpose
Under Title 12, M.R.S.A., Chapter 807, the Governor may, by
proclamation, ban outdoor fires as considered necessary. The chapter also
permits the governor to allow licensed camping facilities and certain public
campsites to continue outdoor fireplace and charcoal grill use during a ban,
provided they fully comply with fire safety criteria and procedures established
by the Bureau. The purpose of Section 1 is to establish the specific safety
standards that must be met, and the process that eligible campsites follow, to
obtain a certificate permitting continued use of outdoor fireplaces and
charcoal grills during a fire ban.
2.
Definitions
A. "Bureau" means the Bureau of Forestry,
Department of Agriculture, Conservation and Forestry.
B. "Director" means the Director of the
Bureau of Forestry or delegate.
C.
"Eligible Campsite" means a "licensed camping facility" or a "certain public
campsite." A "licensed camping facility" is a recreational camp or camping area
licensed by the Department of Human Services, under Title 22, M.R.S.A., Chapter
562. "Certain public campsites" is any camping facility under the jurisdiction
of the State of Maine's Department of Agriculture, Conservation and Forestry or
the Baxter State Park Authority, per Title 12 M.R.S.A., Chapter 807.
D. "Exemption Certificate" is a written
confirmation from the Director approving the owner-operator's application and
statement certifying compliance with the requirements of this rule, and
permitting continued use of fireplace and grills during fire bans.
3.
Obtaining an Exemption
Certificate from Proclaimed Fire Bans
A.
Application Process. Only
eligible campsites may apply for a confirmation certificate, and for only those
fireplaces and grills that meet the Fire Safety Requirements of Attachment A.
The owner/operator may obtain a certificate by providing the following
information in writing:
(1) Copy of the
license, if a licensed camping facility;
(2) Map identifying the location of the
campground and campsites;
(3)
Sketch of the location and size of each fireplace and grill to be
exempted
(4) The name, address, and
telephone number(s) of the owner(s)/operator(s);
(5) Certification by the owner/operator that
all Fire Safety Requirements (Attachment A) of this rule have been met and will
continue to be met; and (6) Certification that a notice of a fire ban
proclamation(s) and the Fire Safety Standards of Appendix A will be posted
timely at the campsite and remain posted during each fire ban.
B.
Timing of
Application. Applications for confirmation certificates may be submitted
at any time when a fire ban is not in place. Once the governor proclaims a fire
ban, the Bureau will process only applications received before the effective
date of the ban, or postmarked at least seven days prior to the effective date
of the ban. Certificates for applications received after this deadline will not
be issued until the current ban ends.
C.
Issuance of Certificate. If
the application complies with this rule, the Bureau will issue an Exemption
Certificate to the owner/operator -which permits the eligible campsite to
continue outdoor fireplace and charcoal grill fires in listed sites during
proclaimed fire bans. The Exemption Certificate is not intended as proof that
the campsite complies with this rule.
4.
Maintaining Exemption Status
To maintain exemption status, the eligible campsite
must:
A. Have a valid Exemption
Certificate;
B. Send the Bureau a
written update, if the information required under Subsection 3
chances;
C. Comply with the Fire
Safety Requirements of Appendix A, and other requirements of this rule;
and
D. Have the Exemption
Certificate readily available for inspection by the Bureau or its delegate at
the campsite's nearest office.
5.
Termination and Restoration of
Exemption Certificate
A.
Termination
The Exemption Certificate will be terminated if:
(1) In the Director's judgment, the site does
not meet the Fire Safety Requirements of Appendix A or other requirements of
this rule; or
(2) The Bureau has
not been notified of changes in owner, operator, or other site information as
required by Subsection 3; or
(3)
The Governor's fire ban proclamation or valid law repeals or limits the
exemption from fire bans.
B.
Restoration
(1) If the Exemption Certificate is
terminated for violation, exemption status will only be restored upon written
request, and after a compliance inspection is conducted and the Director
determines the eligible campsite fully meets all requirements of this
rule.
(2) If restoration is
requested after a Governor's Proclamation has been issued, the request will not
be processed until the ban ends, unless the request was postmarked at least
seven days prior to the effective date of the fire ban.
