Ohio Administrative Code
Title 1501:3 - Division of Forestry
Chapter 1501:3-13
Section 1501:3-13-01 - Kindled fire waivers and certified prescribed fire managers
Universal Citation: OH Admin Code 1501:3-13-01
Current through all regulations passed and filed through September 16, 2024
(A) The chief of the division of forestry may issue waivers that expand the times and places for kindled fires as set forth in division (C) of section 1503.18 of the Revised Code to the following eligible persons:
(1)
Persons certified by the chief of the division of
forestry as an Ohio certified prescribed fire manager under paragraph (C) of
this rule;
(2)
Persons with a valid permit under agency 3745 of the
Administrative Code and are burning materials with an air curtain
destructor;
(3)
Persons burning their own property who have obtained
written approval from the local fire department having jurisdiction and who
have submitted said approval to the chief of the division of
forestry.
(B) After meeting at least one of the three eligibility criteria in paragraph (A) of this rule, persons must then submit a completed request for a kindled fire waiver to the chief of the division of forestry that includes the following:
(1)
The date of the request;
(2)
The person's name
and residential address;
(3)
The address or geographical coordinates where the
person wishes to kindle a fire; and
(4)
The person's
certification that the site where the kindled fire is to take place has a site
plan that includes required weather parameters. The site plan shall include a
description of the site demonstrating its suitability for natural resource
planning, including:
(a)
The fuel types to be burned (e.g., grass, leaves,
brush, etc.);
(b)
The equipment and personnel to be used;
(c)
Site monitoring
plans from the time when the kindled fire is prepared to when it is fully
extinguished;
(d)
Worker and general public safety
considerations;
(e)
Notification plan for emergency services in the event
of an emergency; and
(f)
Any contingency plans.
(C) Ohio certified prescribed fire managers.
(1)
Certification. Certification as an Ohio certified
prescribed fire manager requires a person to submit to the chief of the
division of forestry adequate documentation, as determined by the chief of the
division of forestry, demonstrating that the applicant has:
(a)
A minimum of six
hours of training in wildland fire suppression;
(b)
A minimum of
twenty-four hours of training in prescribed fire management; and
(c)
Prior
professional experience in the amount of at least ten wildfires on at least ten
days, ten prescribed fires on at least ten days, or a combination
thereof.
(2)
Recertification. Once issued a certification number,
an Ohio certified prescribed fire manager shall be issued a waiver under
paragraphs (A)(1) of this rule if the person:
(a)
Serves as the
manager for at least two prescribed fires on at least two separate days over a
five-year rotating schedule that begins after initial
certification;
(b)
Participates in an operational role for at least five
prescribed fires on at least five separate days over a five-year rotating
schedule that begins after initial certification; or
(c)
Maintains a
prescribed fire burn boss type 2 national qualification as certified by a
nationalwWildfire coordinating group member agency.
(3)
Reporting. Ohio
certified prescribed fire managers shall:
(a)
Within
one-hundred and twenty days of a completed burn, provide the chief of the
division of forestry with a report of the results of any burn activities using
a form approved by the chief of the division of forestry; and
(b)
Within thirty
days of a completed burn, provide the chief of the division of forestry with a
report about any escaped fires resulting in a response from emergency service
personnel or that could result in any criminal or civil
actions.
(D) Waiver denial or withdraw.
(1)
The chief of the division of forestry may deny or withdraw
the issuance of a waiver to anyone otherwise eligible under paragraph (A) of
this rule if the person:
(a)
Endangered public safety;
(b)
Violated previous
waiver conditions;
(c)
Conducted a restricted burn without receiving a burn
waiver under this rule;
(d)
Conducted a burn without obtaining permissions required
under Chapter 3745. of the Revised Code; or
(e)
Does not satisfy
the recertification or reporting requirements under paragraph (C) of this
rule.
(2)
The chief of the division of forestry shall issue any
decision regarding waiver denial or withdraw in writing, which shall
include:
(a)
An
explanation of the evidence examined and reason for denial or withdraw of the
waiver;
(b)
In the case of an Ohio prescribed fire manager,
requirements for obtaining recertification; and
(c)
In all other
cases, the necessary steps to obtain a waiver.
Disclaimer: These regulations may not be the most recent version. Ohio 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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